End-User License Agreement

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and PQ Systems, Inc. for the PQ Systems software that accompanies this EULA, which includes computer software and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services ("Software"). An amendment or addendum to this EULA may accompany the software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.

Registered license

A registered license grants you the right to install and use the Software on a single workstation (i.e., one computer). You must purchase a registered license for each workstation on which the Software is installed. If you use the Software through a network, you must still obtain individual licenses for the Software to cover each individual workstation that will execute the Software through the network. For instance, if 10 different workstations will use the Software on a network, each workstation must have its own registered license; regardless of whether the Software is used at different times or concurrently.

Evaluation period

This is not free software. Subject to the terms of this agreement, you are permitted to use the Software for evaluation purposes without charge during the evaluation period. If you want to use the Software after the evaluation period then a registered license must be purchased. The evaluation period may vary from one PQ Systems product to another, but in no case does the evaluation period extend beyond 90 days from the first use of the Software.

Unregistered use of the Software after the evaluation period is in violation of U.S. and international copyright laws.

Further explanation of copyright-law provisions

You may transfer all of your rights to use the Software to another workstation, provided that you transfer to that workstation (or destroy) all of the Software provided in this package, together with all copies, tangible or intangible, including copies in RAM or installed on a disk, as well as backup copies. Remember, once you transfer the Software, it may be used only on the single workstation to which it is transferred. Except as stated in this paragraph, you may not otherwise transfer, rent, lease, sublicense, timeshare, or lend the Software. Your use of the Software is limited to acts that are essential steps in the use of the Software on your workstation as described in the documentation. You may not otherwise modify, alter, adapt, merge, decompile, or reverse-engineer the Software and you may not remove or obscure PQ Systems' copyright or trademark notices.

Electronic communications

The Software may from time to time transmit data to and from PQ Systems servers via the internet. This information transfer may be used to notify you when newer versions of the Software are available, for verifying license compliance, or for other purposes. PQ Systems will not collect any personally identifiable information from your computer during this process.

Governing law and general provisions

This license statement shall be construed, interpreted, and governed by the laws of the State of Ohio, USA. If any provision of this statement is found void or unenforceable, it will not affect the validity of the balance of this statement, which shall remain valid and enforceable according to its terms. If any remedy provided is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in full force and effect. This statement may be modified only in writing signed by you and an authorized representative of PQ Systems, Inc. Use, duplication, or disclosure by the US Government of computer software and documentation in this package shall be subject to the restricted rights applicable to commercial computer software (under DFARS 52.227-7013). All rights not specifically granted in this statement are reserved by PQ Systems, Inc.

Disclaimer of warranty

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. Because of the various hardware and software environments into which the Software may be put, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED.

Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the Software. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.

PQ SYSTEMS, INC.

Corporate Headquarters: 10468 Miamisburg-Springboro Road, Miamisburg, Ohio 45342, USA, (937) 885-2255, http://www.pqsystems.com. International Offices in: Australia 03-9770-1960, The United Kingdom (01704)871465.