End User Software License Agreement

IMPORTANT:   Please Read This License Agreement Before Using This Product.

QSC END USER SOFTWARE LICENSE AGREEMENT

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT, WHICH CONTAINS SOFTWARE, THE USE OF WHICH IS LICENSED BY QSC, LLC ("QSC") TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.

LICENSE: The QSC software included with this product (the "Software") is never sold, only licensed. QSC grants you a non-exclusive, non-transferable, limited license to use the Software subject to the terms and restrictions set forth in this License Agreement. You are not permitted to lease, rent, reproduce (except as permitted herein), distribute or sub-license the Software or to use the Software in a time-sharing environment or in any other unauthorized manner. Further, no license is granted to you in the human readable code of the Software (source code). Except as provided below, this License Agreement does not grant you any rights to any patents, copyrights, trade secrets, trademarks, or other rights in respect to the Software.

The Software is licensed to be used on any workstation or any network server owned by or leased to you, provided that the Software is used only in connection with the appropriate QSC hardware. You may reproduce and provide one (1) copy of the Software and supporting documentation for each such workstation or network server on which the Software is used. Otherwise, the Software and supporting documentation may be copied only as essential for backup or archive purposes in support of your use of the Software. You must reproduce and include all copyright notices and any other proprietary rights legends appearing on the Software and the supporting documentation on any copies that you make.

NO ASSIGNMENT; NO REVERSE ENGINEERING: You may not transfer or assign the Software and/or this License Agreement to another party without the prior written consent of QSC. If such consent is given and you transfer or assign the Software and/or this License Agreement, then you must at the same time either transfer all copies of the Software and supporting documentation to the same party or destroy any such materials not transferred. Except as set forth above, you may not transfer or assign the Software or your rights under this License Agreement.

Modification, reverse engineering, reverse compiling, or dis-assembly of the Software is expressly prohibited. However, if you are a European Community ("EC") resident, information necessary to achieve interoperability of the Software with other programs within the meaning of the EC Directive on the Legal Protection of Computer Programs is available to you from QSC upon written request.

EXPORT RESTRICTIONS: You agree that you will not export or re-export the Software or Accompanying documentation (or any copies thereof) or any products utilizing the Software or such documentation in violation of any applicable laws or regulations of the United States and the country in which you obtained them.

TRADE SECRETS; TITLE: You acknowledge and agree that the source code, object code, look and feel and structure, sequence and organization of the Software are the valuable trade secrets of QSC and its suppliers. You agree to hold such trade secrets in confidence. You further acknowledge and agree that ownership of, and title to, the Software and all subsequent copies thereof regardless of the form or media are held by QSC and its suppliers.

UNITED STATES GOVERNMENT LEGEND: All technical data and computer software is commercial in nature and developed solely at private expense. Use, duplication or disclosure of the Software by the U.S. Government is subject to "Restricted Rights", as that term is defined in the Department of Defense ("DOD") Supplement to the Federal Acquisition Regulations ("DFARS") in paragraph 252.227-7013(c)(1)(ii) if to the DOD, or, if the Software is supplied to any unit or agency of the U.S. Government other than DOD, the Government's rights in the Software shall be as defined in sub-paragraphs (c)(1) or (c)(2) of FAR 52.227-19, Commercial Computer Software -Restricted Rights; or FAR 52.227-14, Rights in General Data Alternative III, as applicable. You agree not to remove or deface any portion of any legend provided on any licensed program or documentation delivered to you under this License Agreement. Contractor / Manufacturer: QSC, LLC, 1675 MacArthur Blvd., Costa Mesa, CA 92626 USA (Tel. 714-754-6175).

TERM AND TERMINATION: This license will expire fifty (50) years from the date that you first use the Software, if it is not earlier terminated. You may terminate this license at any time by destroying the Software and documentation together with all copies and merged portions in any form. It will also terminate immediately if you fail to comply with any term or condition of this License Agreement. Upon such termination you agree to destroy the Software and documentation, together with all copies and merged portions in any form.

GOVERNING LAW: This License Agreement shall be governed by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents and by the laws of the United States. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this License Agreement.

LIMITED WARRANTY; LIMITATION OF LIABILITY: All limited warranties and limitations of liability applicable to the Software are as stated on the Limited Warranty Card or in the product manual, whether in paper or electronic form, accompanying the Software. Such warranties and limitations of liability are incorporated herein in their entirety by this reference.

SEVERABILITY: In the event any provision of this License Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefore.

ENTIRE AGREEMENT: This License Agreement sets forth the entire understanding and agreement between you and QSC, supersedes all prior agreements, whether written or oral, with respect to the Software, and may be amended only in a writing signed by both parties.

© 2016 QSC, LLC. All rights reserved. QSC, the QSC logo, are registered trademarks of QSC, LLC in the U.S. Patent and Trademark Office and other countries. Patents may apply or be pending. All other trademarks are the property of their respective owners.

www.qsc.com/patents

 


 

© 2016 QSC, LLC. All rights reserved.