End User Licence Agreement

This End-User Licence Agreement (EULA) is a legal agreement between You (either an individual or a single entity) and HiQ Software Consulting Inc. (HiQ), for using Q22 computer program (SOFTWARE) supplied together with this agreement and may include associated media, printed materials, and "online" or electronic documentation. BEFORE CONTINUING WITH THE INSTALLATION OF THE PROGRAM, YOU MUST READ, ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS OF THE SOFTWARE LICENSE AGREEMENT THAT FOLLOWS.

By installing, copying, or otherwise using the SOFTWARE, You agree to be bound by the terms of this EULA. This EULA may also be found at www.hiq.ca. If You do not accept the terms and conditions of the EULA, you are not authorized to install, copy or otherwise use the SOFTWARE and you have no rights under this EULA.

If You are an employee or agent of a company (the "Company") and are entering into this Agreement to obtain the SOFTWARE for use by the Company for its own business purposes, You hereby agree that You enter into this Agreement on behalf of the Company and that You have the authority to bind the Company to the terms and conditions of this Agreement.

1. INTRODUCTION
This SOFTWARE is a Quality Control Support computer program. This EULA details the terms under which the various parts of the product may be used to meet those needs. If You have any questions regarding this licensing or the product please contact HiQ at info@hiq.ca.

2. GRANT OF LICENSE
HiQ grants to You, the end user, a personal, nonexclusive, limited license to use a copy of the SOFTWARE solely for your own use, and solely in accordance with the terms and conditions of this license agreement. You may copy the SOFTWARE into the memory of any computer, solely as necessary to use the SOFTWARE in accordance with this license agreement. You are not acquiring any rights to the SOFTWARE itself.

3. INSTALLATIONS AND USE OF THE SOFTWARE
The SOFTWARE is licensed to You in one of two potential configurations:

  • (1) Demo
  • (2) Full.

Licenses for the SOFTWARE are concurrent licenses. Licenses may be shared between end users. You may install and use multiple copies of the SOFTWARE on multiple computers

 

  • 3.1. Demo version. You may use the SOFTWARE for unlimited time for evaluation purposes. However, only one license will be available, limited number of new documents can be created and limited number of new records can be entered. In Demo mode, You will be able to use all existing documents and data.
  • 3.2. Full version. By purchasing a License Key Code, You will be able to use the full potential of the program. The Key Code is purchased on an as needed basis and can be obtained at www.hiq.ca. The Key Code contains information about number of licenses purchased and is time sensitive. After a Key Code expires, the program will switch back to Demo mode.

 

4. COPYRIGHT AND COPIES
HiQ owns the SOFTWARE (including any copy thereof). The SOFTWARE is licensed, not sold to You, and You are not an owner of any copy thereof. Copies of the program and written materials can be found and downloaded at www.hiq.ca. HiQ hereby reserves all rights not explicitly granted in this EULA.

5. NEW VERSIONS
HiQ, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades to the SOFTWARE. HiQ will make available to You any subsequent versions of the SOFTWARE. You agree that you may have to enter into a renewed version of this agreement, in the event you want to download, install or use a new version of the SOFTWARE.

6. OTHER RESTRICTIONS
You may not rent or lease the SOFTWARE, but You may transfer the SOFTWARE and accompanying written materials on a permanent basis provided You retain no copies and the recipient agrees to the terms of this Agreement. If the SOFTWARE is an update, any transfer must include the update and all prior versions. You may not modify or translate the SOFTWARE. You may not reverse-engineer, decompile or disassemble the SOFTWARE, except to the extent expressly authorized by applicable law. You may not use the SOFTWARE or documentation to develop or have developed any product that is generally competitive with HiQ product offerings.

7. LIMITED WARRANTY
HiQ warrants the physical media (e.g. diskette(s) or CD-ROM), and the physical documentation, to be free of defects in materials and workmanship for a period of 90 days from the original purchase date. If HiQ receives notification within this warranty period of any such defects and such notification is determined to be correct, HiQ will, at its sole option and discretion, repair or replace the media or documentation, or provide You a full refund. The foregoing is your sole and exclusive remedy and states HiQ's (and its distributors') entire liability arising out of this warranty. This limited warranty is void if the damage or defect has resulted from accident, abuse or misapplication.

8. NO OTHER WARRANTIES
The limited warranty above is exclusive and in lieu of all other conditions and warranties for the SOFTWARE and documentation. HIQ (and its distributors) make no other conditions or warranties, expressed, implied, statutory or otherwise, and expresscy disclaim all other conditiions and warranties, including but not limited to implied conditions or warranties of merchantability, fitness for a particular purpose, and noninfingement for the SOFTWARE and documentation, to the fullest extent permitted by the applicable law.

9. HIGH RISK ACTIVITY
The program is not designed to operate in High Risk Environments.

10. LIMITED LIABILITY
To the maximum extent permitted by the applicable law, in no event and under no legal theory shall HiQ (or its distributors) be liable to you for any costs of substitute products, or for any consequential, special, incidental, punitive or indirect damages of any kind arising out of the licence of, use of, or inability to use any HiQ software or documentation, even if HiQ has been advised of the possibility of such damages. In no event shall HiQs (ir its distributors) liability exceed the 1 month license fee paid by You. This limitation of liability and risks is reflected in the price of the SOFTWARE license.

11. TERM
This license is effective until terminated. You may terminate it at any time by destroying the SOFTWARE together with all copies, modifications and merged portions in any form. It will also terminate automatically upon your failure to comply with any term or condition of this Agreement. In the event of such termination, You agree to promptly destroy the SOFTWARE together with all copies, modifications and merged portions in any form.

12. MISCELLANEOUS
This is the entire Agreement between You and HiQ, and supersedes any prior agreement, whether written or oral, relating to the subject matter of this Agreement. The parties disclaim the application of the United Nations Convention on the International Sale of Goods. This Agreement is governed by the laws of the Province of Ontario, Canada, without reference to conflict of laws principles. All disputes arising out of this Agreement shall be litigated or otherwise resolved exclusively in the Province of Ontario. You may not export or re-export the SOFTWARE or documentation without the appropriate Canadian or foreign government licenses. If any provision of this Agreement is ruled invalid, such invalidity shall not affect the validity of the remaining portions of this Agreement.

HiQ Software Consulting Inc., 88 Church St., Kitchener, ON N2G 2S2, Canada.