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Quality Link® End User License Agreement

QUALITY MAPPING SOLUTIONS, LLC.
Copyright © 1997-2009 Quality Mapping Solutions, LLC.
All Rights Reserved

The Program is owned by Quality Mapping Solutions and is copyrighted and licensed, not sold.

The term "Program" means the Master copy of Quality Link® Software and all whole or partial copies of it, including copies merged into other programs.

Quality Mapping Solutions grants you a non-exclusive license for the Program. If you purchase a single version you are authorized to run it on a single personal computer. You may make a single copy of the software for back up. If you purchase multiple licenses of the Program, then the terms of this Agreement also apply to each license.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE PROGRAM. BY USING THE PROGRAM, YOU AGREE TO THESE TERMS AND APPLICABLE COPYRIGHT LAWS. IF YOU DO NOT AGREE, PROMPTLY NOTIFY THE PROVIDER OF THE PROGRAM AND REQUEST A REFUND OF THE AMOUNT YOU PAID.

Use of the software provided with this agreement (the "software") constitutes your acceptance of these terms. If you do not agree to the terms of this agreement, promptly remove the software together with all copies from your computer and return it and the accompanying items (including written materials and packaging) to the location where you obtained them for a refund. Registering your product with Quality Mapping Solutions, LLC ("QMS"), will improve communications with QMS.

  1. SOFTWARE LICENSE. QMS grants to you a non-exclusive, nontransferable right to use the SOFTWARE on file servers connected to a maximum number of user computers, or on a maximum number of user computers, not exceeding the number of user computers specified on the Sales Agreement. You agree you will only copy the SOFTWARE into any machine-readable or printed form as necessary to use it in accordance with this license or for backup purposes in support of your use of the SOFTWARE. However, you must acquire and dedicate a license for the SOFTWARE PRODUCT for each computer on which the SOFTWARE PRODUCT is used or to which it is distributed. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different computers. This license is effective until terminated.
  2. TERMINATION. You may terminate it at any point by destroying the SOFTWARE together with all copies of the SOFTWARE. Also, QMS has the option to terminate if you fail to comply with any term or condition of this Agreement, such as being delinquent in the annual maintenance and support fee. You agree upon such termination to destroy the SOFTWARE together with all copies of the SOFTWARE.
  3. COPYRIGHT. The SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE PRODUCT), is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of QMS or its suppliers, and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree of the SOFTWARE will contain the same proprietary notices, which appear on and in the SOFTWARE. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
  4. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.
  5. UPGRADES. You will receive periodic enhancements and upgrades provided you are a current registered Licensee and have purchased the technical support and upgrade service for the current year.
  6. REVERSE ENGINEERING. You agree that you will not attempt to reverse compile, modify, translate, or disassemble the SOFTWARE in whole or in part.
  7. WARRANTIES. QMS DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. QMS DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS MEANS THAT QUALITY MAPPING SOLUTIONS GRANTS TO YOU NO WARRANTY AND YOU, NOT QUALITY MAPPING SOLUTIONS, ASSUME THE ENTIRE RISK OF QUALITY AND PERFORMANCE, INCLUDING THE ENTIRE COST OF ANY NECESSARY CORRECTIONS TO THIS PROGRAM OR REPAIR OF ANY DEFECTS. ALSO WAIVED IN ANY FORM WHATSOEVER IS ANY CLAIM FOR INDUCEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
  8. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
  9. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall QMS or its suppliers be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the delivery, performance or use of the software, even if QMS has been advised of the possibility of such damages. In no event will QMS liability for any claim, whether in contract, tort or any other theory of liability, exceed the license fee paid by you, if any.

    QUALITY MAPPING SOLUTIONS will not be liable for any lost profits, lost savings, incidental, special, or indirect damages or other economic consequential damages, even if QUALITY MAPPING SOLUTIONS, or its authorized supplier, has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

    QUALITY MAPPING SOLUTIONS will not be liable for 1) loss of, or damage to, your records or data or 2) any damages claimed by you based on any third party claim. This limitation of liability also applies to any developer of a Program supplied to Quality Mapping Solutions. Quality Mapping Solutions' and the developer's limitations of liability are not cumulative.

    Neither party may bring an action under this Agreement; more than two years after the cause of action accrued.

    Notwithstanding anything to the contrary in this Agreement, you agree that recourse by you for satisfaction of claims of any nature against Quality Mapping Solutions or any partner in Quality Mapping Solutions arising in connection with the performance of this Agreement shall be limited solely to the property of Quality Mapping Solutions and not to the non partnership property of any of the partners in Quality Mapping Solutions or the partners' direct and indirect beneficial owners.
  10. GOVERNING LAW. The internal laws of the State of Michigan will govern this license. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
  11. ENTIRE AGREEMENT. This and the Sales Agreement is the entire agreement between you and QMS, which supersedes any prior agreement or understanding, whether written, or oral, relating to the subject matter of this license.
  12. U.S. GOVERNMENT RESTRICTED RIGHTS. Any distribution or license of the SOFTWARE to the U. S. Government or its agencies or instrumentality's (the "Government') is made only with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restriction as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFAR 252.227-7013, or as set forth in the particular department or agency regulations or rules which provide QMS protection equivalent to or greater than the above cited clause. Contractor/Manufacturer is Quality Mapping Solutions, Inc., 15381 Hallmark Ct, Macomb, Michigan 48042-4016.

    Should you have any questions concerning this license please call (888) 786-3133, fax (586) 786-0088, or write: Quality Mapping Solutions, Inc., 15381 Hallmark Ct, Macomb, Michigan 48042-4016

* Quality Link is a registered trademark of Quality Mapping Solutions, L.L.C.

 

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