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Access to the Software is made available to you by QLBS.com (“QLBS” or “we”) and is subject to your payment of the applicable charges. These terms of use apply irrespective of whether you are registering on a trial basis or are purchasing a license to use the Software.
License
Upon payment of the applicable charges, QLBS.com will grant you a personal, non-exclusive and non-transferable license to access and use the Software for a period for which the applicable fee has been paid (the “License”). Upon expiry of this initial term your License will, upon payment of the applicable renewal charges be renewed for the applicable period.
Intellectual Property
All intellectual property in the Software (including for the avoidance of doubt all software and Website content) is the sole and exclusive intellectual property of QLBS.com and nothing in these terms shall confer upon you or any other user of this Software any right, title or interest in such intellectual property.
Except as expressly permitted by the terms of the License, you must not copy, download, display, reproduce, distribute, modify, edit, alter, translate, adopt or enhance any of the Software in any manner or reverse engineer or decompile any code, script, or software forming part of the Software, or permit any third party to do same. You have no right, title or interest in or to the Software or any information or materials related thereto and you shall not "frame" or "mirror" the Software, any information contained on, framed within or accessible from or through the Software on any other server or Internet-based device without the prior written consent of QLBS.com.
Customer Data
You acknowledge that you are responsible for all data, text, information, images, and material that you enter or submit in connection with your use of the Software ("Data").
Charges and Payment
Charges for the License are payable in advance with payment due upon registration and on each renewal date. All amounts exclude any applicable taxes, duties or levies, which are also payable by you. All charges are non-refundable and not subject to return or credit for any reason.
User Logins and Passwords
The Software is restricted to authorized users only and can only be accessed with the login account and password assigned to you. You shall be responsible for maintaining the confidentiality of your password and login details and must notify QLBS.com if the password is lost, stolen or may have been compromised. You must immediately notify QLBS.com of any unauthorized use of your account or any other breach or attempted breach of security known to you in relation to the Software. QLBS.com reserves the right to suspend or terminate your password and access to the Software at any time and for any reason.
Changes to Software
QLBS.com may make modifications or changes to the Software (which changes may or may not affect the functionality and/or your ability to use the Software) without notice to you at any time and in QLBS.com’s sole discretion. As your access to and use of the Software is internet based, it may be affected by limitations, delays, interception and other problems inherent to the use of the internet and electronic communications. QLBS.com will not be responsible for any delays, interception, delivery failures, or any other loss or damage flowing from such problems.
Links
The Software may be linked to other websites that are not under the control of or maintained by QLBS.com. Such links do not constitute an endorsement by QLBS.com of any such websites or the products or services offered through such websites. You acknowledge that QLBS.com is providing these links to you only as a convenience, and that QLBS.com is not responsible for the business practices, content, privacy policies or links displayed on such websites or products and services offered through such sites to which you may be linked and your access to these websites is at your own risk.
Diagnostic Tool
The Software is made available as a diagnostic tool and is not intended to be a substitute for good practice and the application of knowledge, expertise and good business judgment gained by the user over time.
Disclaimer of Warranties and Limitation on Liability
The Software is made available to you on an "as is" and "as available" basis, without any warranties or conditions of any kind. Your use of, and any reliance upon, the Software is at your own sole risk. You are solely responsible for ensuring the accuracy and completeness of any information you submit to the Software and for verifying the reliability, timeliness, quality, suitability, accuracy or completeness of information obtained through your use of the Software.
To the fullest extent permitted by law, all representations and warranties, express or implied, statutory or otherwise, including, but not limited to any implied warranty of quality, merchantability or fitness for a particular purpose are hereby disclaimed.
QLBS.com shall not be liable to you or any third party for any loss or damage of any kind, including but not limited to direct, indirect, incidental, consequential or punitive damages, loss or corruption of data, lost profits or revenue or failure to realize expected savings arising from or connected with your use of the Software even if QLBS.com had previously been advised of the possibility of such damages. To the extent that QLBS.com is held to be liable, that the maximum liability of QLBS.com will be limited in the aggregate to the amount paid in the 12 month period immediately preceding the date of the event giving rise to the claim.
Indemnity
You shall indemnify QLBS.com from and against any and all claims, demands, lawsuits, costs, damages, liabilities, and expenses (including legal fees on a solicitor and client basis) incurred, claimed or alleged, relating in any way to your breach of these terms of use.
Termination
Where QLBS.com believes, on reasonable grounds, that you are in breach of these terms of use (including but not limited to your failure to pay any charges applicable to your use of the Software or becomes aware of inappropriate or unauthorized use of the Software or any of its content or functionality) QLBS.com may terminate your License to access and use the Software without the requirement to provide prior notice. Those parts of these terms which are capable of surviving termination of the Licence will survive its termination or expiry for any reason.
Privacy
QLBS.com will deal with personal information in accordance with its Privacy Policy.
General
These terms constitute the entire agreement, arrangement and understanding between QLBS.com and you with respect to their subject matter, and our failure to enforce any right shall not constitute a waiver of such right.
We may vary these terms from time to time by posting an updated version on the QLBS website, and you will be bound by these changes. It is your responsibility to check this website regularly for any updates or changes. If the changes are significant, we will notify you by email.
These terms will be governed by New Zealand law and you agree to submit to the jurisdiction of the courts of New Zealand.
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