Qbserve End User License Agreement

Copyright (c) 2014-2017 QotoQot

Short summary: generic software EULA, aimed to protect rights while limiting our responsibility. Includes opt-in to our news email list on purchase (you can easily unsubscribe).


1. License

By receiving, opening the file package, and/or using Qbserve("Software") containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Unless you have a different license agreement signed by QotoQot your use of Qbserve indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, QotoQot grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Qbserve in accordance with this Agreement and any other written agreement with QotoQot. QotoQot does not transfer the title of Qbserve to you; the license granted to you is not a sale. This agreement is a binding legal agreement between QotoQot and the purchasers or users of Qbserve.

If you do not agree to be bound by this agreement, remove Qbserve from your computer now and, if applicable, promptly return to QotoQot by mail any copies of Qbserve and related documentation and packaging in your possession.

2. Distribution

Qbserve and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Qbserve contact QotoQot.

3. User agreement

3.1 Use

Your license to use Qbserve is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Qbserve.

3.2 Use Restrictions

You shall use Qbserve in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Qbserve together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, gender, sexual orientation or age is strictly prohibited.

Each licensed copy of Qbserve may be used on a) one single computer that belongs to an incorporated entity; b) up to five computers that belong to an individual and his family members. Use of Qbserve means that you have loaded, installed, or run Qbserve on a computer or similar device. If you install Qbserve onto a multi-user platform, server or network, each and every individual user of Qbserve must be licensed separately.

You may make one copy of Qbserve for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of Qbserve. The assignment, sublicense, networking, sale, or distribution of copies of Qbserve are strictly forbidden without the prior written consent of QotoQot. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Qbserve. If any person other than yourself uses Qbserve registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation.

3.3 Copyright Restriction

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Qbserve. Nor can you create any derivative works or other works that are based upon or derived from Qbserve in whole or in part.

QotoQot's name, logo and graphics file that represents Qbserve shall not be used in any way to promote products developed with Qbserve. QotoQot retains sole and exclusive ownership of all right, title and interest in and to Qbserve and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of Qbserve, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for QotoQot.

3.4 Limitation of Responsibility

You will indemnify, hold harmless, and defend QotoQot, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of QotoQot's Software.

In no event (including, without limitation, in the event of negligence) will QotoQot, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Qbserve or the use or inability to use Qbserve or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

QotoQot's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by QotoQot) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to QotoQot.

3.5 Warranties

Except as expressly stated in writing, QotoQot makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.6 Governing Law

This Agreement shall be governed by the law of the Chile applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Chile therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.7 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Qbserve and destroy all copies of Qbserve supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. Disclaimer of warranty


5. Consent of use of data

You agree that QotoQot may collect and use information according to the Privacy Policy. By purchasing the Software you agree to opt in to QotoQot marketing mailing list.