End User License Agreement (EULA)
OWNERSHIP OF QUICK® SOFTWARE
You acknowledge and agree that all of the computer programs and associated documentation regarding QUICK® software (collectively, the "Software") are owned exclusively by Quatred, LLC. You agree that the price paid by you for the Software is a license fee granting you only the rights set forth in this License Agreement.
Subject to the provisions of this Agreement, Quatred, LLC grants to you, and you accept, an irrevocable, royalty-free, non-exclusive, license to use the Software, in machine-readable, object code form only. You agree to use the Software only as authorized in this License Agreement. This License Agreement does not convey to you any ownership rights or any other interest in the Software.
SCOPE OF LICENSE
Even though the Software represents all of the computer programs and associated documentation regarding QUICK® software (collectively, the "Software"), there are two distinct components of the software that are licensed:
Web services component - This component runs on a designated web application server and manages communications between mobile computers and a selected back end host system. The Web services component is licensed to be installed and utilized only on web application servers owned, leased, rented and/or operated by you.
Mobile computer component - This component runs on mobile computers and is the user interface for integration to a selected back end host system. The Mobile computer component is licensed to be installed and used on mobile computers owned, leased, rented and/or operated by you.
You may not copy or make any changes or modifications to the Software, and you may not translate, decompile, disassemble, or otherwise reverse engineer the computer program(s). You may not lend, rent, lease or sublicense the Software or any copy to others for any purpose. You agree to use all reasonable efforts to protect the Software from unauthorized use, modification, reproduction, distribution or publication. You are not permitted to make any uses or copies of the Software that are not specifically authorized by the terms of this License Agreement, and Quatred, LLC reserves all rights that are not expressly granted to you. Your adherence to this License Agreement will allow Quatred, LLC to continue developing innovative and useful products and providing a high level of customer service and support.
This license will become effective on the date you acquire the Software and will remain in force until terminated. The license may be terminated by either party by providing a written notice at least 30 days in advance. This license will automatically terminate if you breach any of the terms or conditions set out in this License Agreement. You agree to remove the Software from your computer(s), and either to destroy the original Software and all copies of the Software or to return the Software to Quatred, LLC, upon termination of this license for any reason.
Annual maintenance is not mandatory. Quatred will submit an annual maintenance invoice 60 days prior to the annual maintenance term expiration date annually. The amount will not increase more than 3% annually. Annual Maintenance includes the following service offerings:
The latest corrections & enhancements for your QUICK® software
Support from Quatred experts on any QUICK® software issue
Support on any hardware Quatred provided (mobile computers, printers, bar code software, etc.)
Telephone calls and Emails
Software Version Upgrades
Provided the Software has not been installed on a computer(s), you may transfer your license of the Software to another party by transferring the original program media and all applicable documentation, including the original of this License Agreement, to the recipient, who agrees to the terms of this Agreement. All other copies of the Software must be deleted and/or destroyed. Any transfer of possession of the Software terminates your license and all associated benefits under this License Agreement. You must notify Quatred, LLC in writing or by email of such transfer.
You may not transfer your license to another party once you have installed the software on a computer(s).
You may not transfer your license to another party by selling or transferring ownership of the computer(s) on which the Software is installed. The Software must first be uninstalled from any computer(s) on which the Software is installed before transferring ownership of the computer(s). Your software license is terminated upon sale or transfer of the computer(s) on which the Software is installed.
You may make one copy of this Software solely for backup or archival purposes.
Quatred, LLC warrants the physical program media to be free from, defects for a period of 90 days from the date of your purchase. If you notify Quatred, LLC of defects during the warranty period, Quatred, LLC will replace the defective program media or, at its option, refund the purchase price. Your remedy for breach of this warranty shall be limited to replacement or refund and shall not encompass any other damages. No dealer, distributor, agent or employee of Quatred, LLC is authorized to make any modification or addition to the warranty and remedies stated above.
Quatred, LLC specifically disclaims all other warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Quatred, LLC does not provide any warranty as to the operation of the software or its fitness for any particular application, use or purpose.
LIMITATIONS OF LIABILITY AND REMEDIES
In no event shall Quatred, LLC or its licensors be liable for any loss of profit or any other commercial damage, including but not limited to special, incidental, consequential, punitive or other damages, even if Quatred, LLC or its licensors are advised, in advance, of the possibility of such damages. In no event shall the liability of Quatred, LLC or its licensors exceed the purchase price paid for the Software.
OTHER TERMS AND CONDITIONS
You agree to install this software ONLY on a computer(s) that you own or on a computer which you have been given explicit permission to install. You agree to NOT install this software on any computer(s) you do not own or on any computer you have not been given explicit permission to install.