Software Terms (Qpongo Software License Agreement)
This license agreement applies to the Qpongo browser extension software ("Software") provided by Tifosi Tech Inc. ("Company"). Software includes the Qpongo extension software, online documentation, http://Qpongo.com ("Web Site") and all other media or printed material distributed with Software.
If you do not agree to ALL of the terms and conditions of this license then do not install Software, use Software or visit Web Site.
You shall have no access to the source code and are hereby informed that intellectual property of the software is protected and will be enforced by copyright, (c) 2012 by Tifosi Tech Inc., as well as patents covering both the method and user interface.
1. Use of the Software
You may install and use this software freely and without cost on as many machines as you like provided that supplied software and interfaces are not altered from that which is released by Company.
Software is the property of Company. Your rights over this Software are only those set out in this agreement and apply only to the version that accompanies this agreement. You may only use the Software for the Purposes described in this agreement and not in any scheme, crime or illegal activity. If this agreement is terminated, you must uninstall, return or destroy all copies of the Software in your possession.
In addition, you may not do any of the following:
- Decompile or reverse engineer any portion of the Software.
- Alter or modify the Software in any way.
- Remove any trademarks, logos, or other identifications.
- Redistribute the Software without written permission.
- Grant any right in the Software to another person, including but not limited to a sublicense.
- Create any work that includes Software or that is derived from the Software.
- Install or use this software if you are under the age of 18.
In no circumstance shall the Software be required to be made publicly available.
The above actions are a violation of this license and will cause immediate termination of your license, and you may be subject to additional consequences.
3. Disclaimer of Warranties
SOFTWARE IS PROVIDED "AS-IS" AND COMPANY MAKES NO OTHER WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO ITS QUALITY, PERFORMANCE, OR FITNESS FOR ANY PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL WORK WITH THE SOFTWARE OR HARDWARE COMBINATIONS YOU SELECT, OR THAT OPERATION WILL BE ERROR-FREE AND UNINTERRUPTED, OR THAT DEFECTS THAT MAY EXIST IN OUR SOFTWARE WILL NECESSARILY BE FIXED. THE SOFTWARE IS NOT INTENDED FOR USE WHERE SIGNIFICANT DAMAGE OR INJURY TO PERSONS, PROPERTY, OR BUSINESS MAY HAPPEN; IF YOU USE IT IN SUCH A SITUATION YOU ASSUME ALL ASSOCIATED RISKS.
4. Exclusions and Limitations of Liability
Company shall not be liable for any damages caused by use of the Software. Except as expressly and clearly provided in this agreement, Company shall not have any other liability of any kind, and will not be liable for indirect, special incidental, consequential, punitive, or exemplary damages, or lost profits, under any theory of liability (including, without limitation, actions in contract, warranty negligence, or product liability), resulting from any defect in, or use of any Software provided or any update thereof. In any event, Company's liability under this agreement for any damages, regardless of the form of action or theory of liability (including, without limitation, actions in contract, warranty, negligence, or products liability), shall not exceed your software license purchase price.
You shall make any claim against Qpongo arising out of this agreement within one year of the occurrence of such claim; thereafter such claim is deemed barred.
5. General Terms and Conditions
This agreement constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous oral or written negotiations, communications and agreements between the parties concerning this subject matter. This agreement shall not be varied, amended, modified or supplemented except by a document signed by duly authorized representatives of both parties. The parties agree that this agreement is binding upon the successors and permitted assignees of the parties. Ambiguities, inconsistencies, or conflicts in this agreement shall not be strictly construed against the drafter of the language but will be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the parties' intentions at the time of this agreement is entered into. Where the context of this agreement requires, singular terms shall be considered plural, and plural terms shall be considered singular. The validity, construction, and performance of this agreement shall be governed by the laws of the State of Nevada (without reference to choice of law principles) except as to copyright, patent and trademark matters, which are covered by federal laws. If any provision of this agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions shall remain in full force and effect to the extent that the intent of the parties can be fulfilled.