PQ Systems End-User License Agreement for the Per-Computer or Concurrent-User License Model
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.
The Software may be licensed under the Per-Computer or the Concurrent-User license model.
Per-computer License Model - Under the per-computer license model, PQ Systems grants to you a nonexclusive right to install and use the Software on a single computer that is owned or controlled by you. You must purchase a registered per-computer license for each computer 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 computer that will execute the Software through the network. For instance, if ten different computers will use the Software, each computer must have its own registered license, regardless of whether the Software is used at different times or concurrently.
Special provisions for using the per-computer license model in a terminal server environment - Windows Terminal Server, Windows Terminal Services, and various Citrix products are technologies that allow users from a variety of remote client devices to concurrently execute the Software that has been installed on a Windows server. All of these technologies are referred to as a terminal server environment under which the following licensing restrictions apply. A per-computer license must be purchased for each 'device' that 'runs' the Software. 'Device' encompasses client hardware devices, computers, workstations, terminals, or other digital electronic or analog devices that enable an end user to run the Software. To 'run,' or 'running,' the Software means using, accessing, displaying, running, or installing the Software, regardless of the medium of access to the product.
Concurrent-User License Model - The Concurrent-User License is offered under a subscription license term. Under the concurrent-user license model, PQ Systems grants to you a nonexclusive right to install the Software on multiple networked computers that are owned or controlled by you, and to concurrently use the Software, such that at any time, the total number of concurrent users of the Software is equal to or less than the number of concurrent users purchased by you. You agree to run a single instance of the PQ Systems' License Manager software within your network in order to limit usage of the Software such that no more than the purchased number of users can concurrently run the Software. You may install the PQ Systems' License Manager software on a backup computer to use only in the event that the primary computer fails. Any attempt to concurrently run more than one instance of the PQ Systems' License Manager, or by any other means to concurrently run more than the purchased number of users, is in violation of this license and may result in termination of this license agreement.
The term of this license may be perpetual or may be purchased in fixed units of time on a subscription basis.
Perpetual Term - A perpetual license term does not expire.
Subscription Term - A subscription license term expires at the end of the time period purchased by you. The Software will not function after the end of the purchased time period.
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 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.
Product specific provisions
CHARTrunner – This EULA does not apply when CHARTrunner software components are used by the server side of a client-server application. In that case, a different type of CHARTrunner license must be purchased. Contact PQ Systems for further information.
Further explanation of copyright-law provisions
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.
Per-computer License Model - You may transfer all of your rights to use the Software to another computer, provided that you transfer to that computer all of the Software, 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 computer 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 computer as described in the documentation.
Concurrent-User License Model - You may not 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 computer as described in the documentation. You may not use any means that permits more than the purchased number of users to concurrently use the Software.
Subscription Term - You may not use any means that permits the Software to run after the end of the purchased time period.
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: 210 B East Spring Valley Road, Dayton, Ohio 45458, USA, (937) 813-4700, http://www.pqsystems.com. International Offices: Australia +61 3 9999 7347, United Kingdom 0044 (0) 1704 871465.
All PQ Systems products are trademarks of Productivity-Quality Systems, Inc., Copyright © 1998-2016 Productivity-Quality Systems, Inc.
All rights reserved.