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Efficient QMS™ License Agreement ( eQMS License Agreement )
NOTICE TO USER: PLEASE READ THIS eQMS LICENSE AGREEMENT CAREFULLY.
BY COPYING, INSTALLING OR USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS eQMS LICENSE AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTIONS 6 AND 7; LIABILITY IN SECTION 8; AND SPECIFIC PROVISIONS AND EXCEPTIONS IN SECTION 14. YOU AGREE THAT THIS eQMS LICENSE AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS eQMS LICENSE AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED: FOR EXAMPLE, IF APPLICABLE, YOUR EMPLOYER. IF YOU DO NOT AGREE TO THE TERMS OF THIS eQMS LICENSE AGREEMENT, DO NOT USE THE SOFTWARE.
JnF SPECIALTIES AND ITS SUPPLIERS OWN ALL INTELLECTUAL PROPERTY IN THE SOFTWARE. THE SOFTWARE IS LICENSED, NOT SOLD. JnF SPECIALTIES PERMITS YOU TO COPY, DOWNLOAD, INSTALL, USE OR OTHERWISE BENEFIT FROM THE FUNCTIONALITY OR INTELLECTUAL PROPERTY OF THE SOFTWARE ONLY ACCORDING TO THE TERMS OF THIS eQMS LICENSE AGREEMENT. USE OF SOME THIRD PARTY MATERIALS AND SERVICES INCLUDED IN OR ACCESSED THROUGH THE SOFTWARE MAY BE SUBJECT TO OTHER TERMS AND CONDITIONS TYPICALLY FOUND IN A SEPARATE eQMS LICENSE AGREEMENT.
THE SOFTWARE INCLUDES TECHNOLOGY DESIGNED TO PREVENT UNAUTHORIZED USE AND COPYING.
“Efficient QMS™” means JnF Specialties, LLC, a Colorado limited liability company, Colorado Springs, Colorado 80916.
“Computer” means a computer device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
“End User Product” means an Output File generated by you using the Software. Examples of an End User Product is the CSV file created by the Search Database function.
“Internal Network” means a private, proprietary network resource accessible only by employees and individual contractors (i.e., temporary employees) of a specific corporation or similar business entity. Internal Network does not include portions of the Internet or any other network community open to the public, such as membership or subscription driven groups, associations and similar organizations.
“Output File” means an output file generated by you using the Software.
“Permitted Number” means all computers in one (1) business location unless otherwise indicated under a valid license (e.g., volume license) granted by JnF Specialties.
“Software” means (a) all of the information with which this eQMS license agreement is provided, including but not limited to (i) JnF Specialties or third party software files and other computer information; (ii) sample and stock procedures and forms and other works bundled with JnF Specialties software and not obtained from JnF Specialties or another party through a separate service; (iii) related explanatory materials and video files (“Documentation”); and (b) any modified versions and copies of, and upgrades, updates and additions to, such information, provided to you by JnF Specialties at any time, to the extent not provided under a separate eQMS license agreement (collectively, “Updates”).
2. Software License. If you obtained the Software from JnF Specialties or one of its authorized licensees and as long as you comply with the terms of this eQMS license agreement, JnF Specialties grants you a non-exclusive license to use the Software in the manner and for the purposes described in this documentation.
2.1 General Use. You may install and use the Software on up to the Permitted Number of your compatible Computers; or
2.2 Server Deployment. You may install the Software on the Permitted Number of Computer file server(s) within your Internal Network for the purpose of downloading and installing the Software on up to the Permitted Number of Computers within the same Internal Network; or
2.3 Server Use. You may install the Permitted Number of copies of the Software on the Permitted Number of Computer file server(s) within your Internal Network only for use of the Software initiated by an individual through commands, data or instructions (e.g., scripts) from a Computer within the same Internal Network. The total number of users (not the concurrent number of users) permitted to use the Software on such Computer file server(s) may not exceed the Permitted Number. No other network installation or access (either directly or through commands, data or instructions) is permitted, including, but not limited to: (i) from or to a Computer not part of your Internal Network, (ii) for enabling web hosted workgroups or services available to the public, (iii) by any individual or entity to use, download, copy or otherwise benefit from the functionality of the Software unless licensed to do so by JnF Specialties, (iv) as a component of a system, workflow or service accessible by more than the Permitted Number of users, or (v) for operations not initiated by an individual user (e.g., high-volume automated server processing of wire feed content); and
2.4 Portable or Home Computer Use. Subject to the important restrictions set forth in Section 2.5 below, the primary user of the Computer on which the Software is installed (“Primary User”) may install a second copy of the Software for his or her exclusive use on either a portable Computer or a Computer located at his or her home, provided that the Software on the portable or home Computer is not used at the same time as the Software on the primary Computer. You may be required to contact JnF Specialties in order to make a second copy.
2.5 Restrictions on Secondary Use by Volume Licensees. If the Software was obtained under a JnF Specialties volume license program (currently known as JnF Specialties Options) by any licensee other than an educational volume licensee, the second copy of the Software made under Section 2.4 must be used solely for the benefit and business of that volume licensee.
2.6 Backup Copy. You may make a reasonable number of backup copies of the Software, provided your backup copies are not installed or used for other than archival purposes.
2.7 End-User Product Distribution. You may make copies of the End User Product and distribute those copies; provided, however, that (a) the JnF Specialties Software may not be distributed or used other than as bundled with the Output File as part of the End User Product, and (b) you shall make use of the JnF Specialties Software by each distributee subject to the distributee’s agreement that no title to, or ownership rights in, the JnF Specialties Software are transferred and that the End User Product, including the JnF Specialties Software, shall not be reverse compiled or disassembled. In addition, you may not distribute an End User Product for purposes of replaying the courseware, presentations, interactive multimedia material and the like of others.
2.8 MS Word, MS Excel, MS Visio and PDF Quality Manuals, Policies, Procedures and Forms. You may display and modify the Quality Manuals, Policies, Procedures and Forms on the Permitted Number of computers; however, you may not distribute or display the Quality Manuals, Policies, Procedures and Forms on a stand-alone basis (i.e., the software and Quality Procedures and Forms constitute the primary value of the product being distributed). Quality Manuals, Policies, Procedures and Forms may not be used in the production of libelous, defamatory, fraudulent, lewd, obscene or pornographic material or any material that infringes upon any third party intellectual property rights or in any otherwise unlawful manner. You may not claim any trademark rights in the Quality Manuals, Policies, Procedures and Forms or derivative works thereof. JnF Specialties PDF demonstration and MS Word, MS Excel, MS Visio and deliverable PDF documents are copyrighted. No rights therein are granted except as set forth in this eQMS License Agreement. Any copying, transmission, modification, computer or internet display or reproduction of copyrighted material, in part or in whole, except as herein permitted is a breach of our intellectual property rights. Only the metadata contained in our PDF demonstration documents is authorized for display on any website. JnF Specialties does not permit display of any portion of the contents of its MS Word, MS Excel, MS Visio or PDF documents in any format by any website without the expressed written permission from an Officer of JnF Specialties with the authority to grant such permission.
3. Intellectual Property Ownership. The Software and any authorized copies that you make are the intellectual property of and are owned by JnF Specialties. The structure, organization and code of the Software are the valuable trade secrets and confidential information of JnF Specialties. The Software is protected by law, including but not limited to the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this eQMS license agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by JnF Specialties.
4.1 Notices. You may not copy the Software except as set forth in Section 2 and 14. Any permitted copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software.
4.2 No Modifications. Except as permitted in Section 14, you may not modify, adapt or translate the Software except for the Quality Procedures and Forms. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.
4.3 No Unbundling. The Software may include various applications, utilities and components, may support multiple platforms and languages and may be provided to you on multiple media or in multiple copies; nonetheless, the Software is designed and provided to you as a single product to be used as a single product on Computers as permitted by Sections 2 and 14. You are not required to use all component parts of the Software, but you may not unbundle the component parts of the Software for use on different Computers. You may not unbundle or repackage the Software for distribution, transfer or resale. See Section 14 for specific exceptions to this Section 4.3.
4.4 No Transfer. YOU MAY NOT RENT, LEASE, SELL, SUBLICENSE, ASSIGN OR TRANSFER YOUR RIGHTS IN THE SOFTWARE OR AUTHORIZE ANY PORTION OF THE SOFTWARE TO BE COPIED ONTO ANOTHER INDIVIDUAL OR LEGAL ENTITY’S COMPUTER EXCEPT AS MAY BE PERMITTED HEREIN. You may, however, permanently transfer all your rights to use the Software to another individual or legal entity provided that: (a) you also transfer (i) this agreement, (ii) the serial number(s), the Software and all other software or hardware bundled, packaged or pre-installed with the Software, including all copies, upgrades, updates and prior versions, and (b) you retain no upgrades, updates or copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this agreement and any other terms and conditions under which you purchased a valid license to the Software. NOTWITHSTANDING THE FOREGOING, YOU MAY NOT TRANSFER EDUCATION, PRE-RELEASE OR NOT FOR RESALE COPIES OF THE SOFTWARE. Prior to a transfer JnF Specialties may require that you and the receiving party confirm in writing your compliance with this eQMS license agreement, provide JnF Specialties with information about yourselves, and register as end-users of the Software. Allow 4-6 weeks to transfer. Contact JnF Specialties Customer Support Department for more information.
5. Updates. If the Software is an upgrade or update to a previous version of JnF Specialties Software, you must possess a valid license to such previous version in order to use such upgrade or update. After you install such update or upgrade, you may continue to use any such previous version according to its end-user license agreement only if (a) the upgrade or update and all previous versions are installed on the same device, (b) the previous versions or copies thereof are not transferred to another party or device unless all copies of the update or upgrade are also transferred to such party or device and (c) you acknowledge that any obligation JnF Specialties may have to support the previous version(s) may be ended upon the availability of the upgrade or update. No other use of the previous version(s) is permitted after installation of an update or upgrade. Upgrades and updates may be licensed to you by JnF Specialties with additional or different terms.
6. LIMITED WARRANTY. Except as may be otherwise provided in Section 14, JnF Specialties warrants to the individual or entity that first purchases a license for the Software for use pursuant to the terms of this eQMS license agreement that the Software will perform substantially according to Demo eQMS for a thirty (30) day period following receipt of the Software when used on the recommended operating system and hardware configuration. Non-substantial variation of performance from the Demonstration does not establish a warranty right. THIS LIMITED WARRANTY DOES NOT APPLY TO PATCHES, PRE-RELEASE (BETA), TRYOUT, STARTER, EVALUATION, PRODUCT SAMPLER, OR NOT FOR RESALE (NFR) COPIES OF SOFTWARE, OR WEBSITES, ONLINE SERVICES OR CD SERVICES (See Section 14). All warranty claims must be made, along with proof of purchase, to the JnF Specialties Customer Support Department within such thirty (30) day period. If the Software does not perform substantially according to Demo eQMS, the entire liability of JnF Specialties and its affiliates and your exclusive remedy will be limited to either, at JnF Specialties option, replacement of the Software or refund of the license fee you paid for the Software. THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. For further warranty information, please see the jurisdiction specific provisions at the end of this eQMS license agreement, if any, or contact the JnF Specialties Customer Support Department.
7. DISCLAIMER. THE FOREGOING LIMITED WARRANTY IS THE ONLY WARRANTY MADE BY JnF SPECIALTIES AND ITS AFFILIATES AND STATES THE SOLE AND EXCLUSIVE REMEDIES FOR JnF SPECIALTIES, ITS AFFILIATES OR SUPPLIERS’ BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY AND ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, JnF SPECIALTIES AND ITS AFFILIATES AND SUPPLIERS PROVIDE THE SOFTWARE AND ACCESS TO ANY WEBSITES, ONLINE SERVICES AND CD SERVICES AS-IS AND WITH ALL FAULTS AND EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY MATTER, INCLUDING BUT NOT LIMITED TO PERFORMANCE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME STATES. The provisions of Sections 7 and Section 8 will survive the termination of this eQMS license agreement, howsoever caused, but this will not imply or create any continued right to use the Software after termination of this Agreement.
8. LIMITATION OF LIABILITY. EXCEPT FOR THE EXCLUSIVE REMEDY SET FORTH ABOVE AND AS OTHERWISE PROVIDED IN SECTION 14, IN NO EVENT WILL JnF SPECIALTIES OR ITS AFFILIATES OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF A JnF SPECIALTIES REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. JnF SPECIALTIES’ AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS eQMS LICENSE AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME STATES. Nothing contained in this eQMS license agreement limits JnF Specialties’ liability to you in the event of death or personal injury resulting from JnF Specialties’ negligence or for the tort of deceit (fraud). JnF Specialties is acting on behalf of its affiliates and suppliers for the purpose of disclaiming, excluding and limiting obligations, warranties and liability, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this eQMS license agreement, if any, or contact the JnF Specialties Customer Support Department.
9. Export Rules. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the “Export Laws”). In addition, if the Software is identified as an export controlled item under the Export Laws, you represent and warrant that you are not a citizen of, or located within, an embargoed or otherwise restricted nation (including without limitation Iran, Syria, Sudan, Libya, Cuba and North Korea) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this eQMS license agreement.
10. Governing Law. This eQMS license agreement will be governed by and construed according to the substantive laws in force in: (a) the State of Colorado, if a license to the Software is purchased when you are in the United States, Canada, or Mexico; or (b) Japan, if a license to the Software is purchased when you are in Japan, China, Korea, or other Southeast Asian country where all official languages are written in either an ideographic script (e.g., hanzi, kanji, or hanja), and/or other script based upon or similar in structure to an ideographic script, such as hangul or kana; or (c) England, if a license to the Software is purchased when you are in any jurisdiction not described above. The respective courts of El Paso County, Colorado when Colorado law applies, Tokyo District Court in Japan, when Japanese law applies, and the competent courts of London, England, when the law of England applies, shall each have non-exclusive jurisdiction over all disputes relating to this eQMS license agreement. This eQMS license agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
10.1 Australia Law
Our software program comes with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Our software product comes with a 90-day limited warranty given by JnF Specialties, Colorado Springs, CO, as set out in this eQMS license agreement. If your products do not provide the general features and functions described in the User Documentation in the 90-day period after delivery to you, please call JnF Specialties at [cf]pn[/cf] with details of your product and proof of purchase. The benefits under this warranty are in addition to other rights and remedies that you may have at law.
11. General Provisions. If any part of this eQMS license agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which will remain valid and enforceable according to its terms. This eQMS license agreement will not prejudice the statutory rights of any party dealing as a consumer. For example, for consumers in New Zealand that obtain the Software for personal, domestic or household use (not business purposes), this eQMS license agreement is subject to the Consumer Guarantees Act. This eQMS license agreement may only be modified by a writing signed by an authorized officer of JnF Specialties. The English version of this eQMS license agreement will be the version used when interpreting or construing this agreement. This is the entire agreement between JnF Specialties and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
12. Notice to U.S. Government End Users.
12.1 Commercial Items. The Software and Documentation are “Commercial Item(s),” as that term is defined at 48 CFR Section 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 CFR §12.212 or 48 CFR §227.7202, as applicable. Consistent with 48 CFR §12.212 or 48 CFR Sections 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. JnF Specialties, Colorado Springs, Colorado 80916 USA.
12.2 U.S. Government Licensing of JnF Specialties Technology. You agree that when licensing JnF Specialties Software for acquisition by the U.S. Government, or any contractor therefore, you will license consistent with the policies set forth in 48 C.F.R. Section 12.212 (for civilian agencies) and 48 C.F.R. Sections 227-7202-1 and 227-7202-4 (for the Department of Defense). For U.S. Government End Users, JnF Specialties agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence will be incorporated by reference in this eQMS license agreement.
13. Compliance with Licenses. If you are a business, company or organization, you agree that upon request from JnF Specialties or its authorized representative you will within thirty (30) days fully document and certify that use of any and all JnF Specialties Software at the time of the request is in conformity with your valid licenses from JnF Specialties.
14. Specific Provisions and Exceptions. This section sets forth specific provisions related to certain products and components of the Software as well as limited exceptions to the above terms and conditions. To the extent that any provision in this section is in conflict with any other term or condition in this agreement, this section will supersede such other term or condition.
14.1 Limited Warranty for Users Residing in Germany or Austria. If you obtained the Software in Germany or Austria, and you usually reside in such country, then Section 6 does not apply; instead, JnF Specialties warrants that the Software provides the functionalities set forth in Demo eQMS (the “agreed upon functionalities”) for the limited warranty period following receipt of the Software when used on the recommended hardware configuration. As used in this Section, “limited warranty period” means one (1) year if you are a business user and two (2) years if you are not a business user. Non-substantial variation from the agreed upon functionalities will not and does not establish any warranty rights. THIS LIMITED WARRANTY DOES NOT APPLY TO SOFTWARE PROVIDED TO YOU FREE OF CHARGE, FOR EXAMPLE, UPDATES, PRE-RELEASE, TRYOUT, STARTER, PRODUCT SAMPLER AND NOT FOR RESALE (NFR) COPIES OF SOFTWARE, WEB SITES, ONLINE SERVICES, CD SERVICES OR SOFTWARE THAT HAS BEEN ALTERED BY YOU, TO THE EXTENT SUCH ALTERATION CAUSED A DEFECT. To make a warranty claim, during the limited warranty period you must return, at our expense, the Software and proof of purchase to the location where you obtained it. If the functionalities of the Software vary substantially from the agreed upon functionalities, JnF Specialties is entitled — by way of re-performance and at its own discretion — to repair or replace the Software. If this fails, you are entitled to a reduction of the purchase price (reduction) or to cancel the purchase agreement (rescission). For further warranty information, please contact the JnF Specialties Customer Support Department.
14.2 Limitation of Liability for Users Residing in Germany and Austria.
14.2.1 If you obtained the Software in Germany or Austria, and you usually reside in such country, then Section 8 does not apply. Instead, subject to the provisions in Section 14.2.2, JnF Specialties and its affiliates’ statutory liability for damages will be limited as follows: (i) JnF Specialties and its affiliates will be liable only up to the amount of damages as typically foreseeable at the time of entering into the purchase agreement in respect of damages caused by a slightly negligent breach of a material contractual obligation and (ii) JnF Specialties and its affiliates will not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation.
14.2.2 The aforesaid limitation of liability will not apply to any mandatory statutory liability, in particular, to liability under the German Product Liability Act, liability for assuming a specific guarantee or liability for culpably caused personal injuries.
14.2.3 You are required to take all reasonable measures to avoid and reduce damages, in particular to make back-up copies of the Software and your computer/database data subject to the provisions of this agreement.
14.3 Pre-release Software Additional Terms. If the Software is pre-commercial release or beta software (“Pre-release Software”), then this Section applies. The Pre-release Software is a pre-release version, does not represent final product from JnF Specialties, and may contain bugs, errors and other problems that could cause system or other failures and data loss. JnF Specialties may never commercially release the Pre-release Software. If you received the Pre-release Software pursuant to a separate written agreement, your use of the Software is also governed by such agreement. You will return or destroy all copies of Pre-release Software upon request by JnF Specialties or upon JnF Specialties’ commercial release of such Software.
YOUR USE OF PRE-RELEASE SOFTWARE IS AT YOUR OWN RISK. SEE SECTIONS 7 and 8 FOR WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS WHICH GOVERN PRE-RELEASE SOFTWARE.
14.4 Tryout, Product Sampler, NFR, Additional Terms. If the Software is tryout, starter, product sampler, or NFR software (“Tryout Software”), then the following Section applies. The Tryout Software may contain limited functionality and is to be used for demonstration and evaluation purposes only and not for your commercial purposes. YOUR USE OF TRYOUT SOFTWARE IS AT YOUR OWN RISK. SEE SECTIONS 7 and 8 FOR WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS WHICH GOVERN TRYOUT SOFTWARE.
14.5 Time Out Software. If the Software is a timeout version then it will cease operations after a designated period of time or number of launches following installation. The license hereunder will terminate after such period or number of launches unless extended by JnF Specialties upon your acquisition of a full retail license. ACCESS TO ANY FILES OR OUTPUT CREATED WITH SUCH SOFTWARE OR ANY PRODUCT ASSOCIATED WITH SUCH SOFTWARE IS ENTIRELY AT YOUR OWN RISK.
14.6 Educational Software Product. If the Software accompanying this agreement is Educational Software Product (Software manufactured and distributed for use by only Educational End Users), you are not entitled to use the Software unless you qualify in your jurisdiction as an Educational End User.
14.7 Online Services.
14.7.2 JnF Specialties does not control, endorse or accept responsibility for websites or Online Services offered by third parties. Any dealings between you and any third party in connection with a website or Online Services, including delivery of and payment for goods and services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.
14.7.3 EXCEPT AS EXPRESSLY AGREED BY JnF SPECIALTIES OR ITS AFFILIATES OR A THIRD PARTY IN A SEPARATE eQMS LICENSE AGREEMENT, YOUR USE OF WEBSITES AND ONLINE SERVICES IS AT YOUR OWN RISK UNDER THE WARRANTY AND LIABILITY LIMITATIONS OF SECTIONS 7 AND 8.
If you have any questions regarding this agreement or if you wish to request any information from JnF Specialties please use the address and contact information included with this product to contact the JnF Specialties office serving your jurisdiction.
Efficient QMS™, At-PQC™ and At-Practical Quality Control(sm) are the trademarks and service marks of JnF Specialties in the United States and/or other countries. All other trademarks are the property of their respective owners.
Minimum System Requirements:
Any Web Host or Web Server running PHP and MySQL and IonCube.
Minimum Software Requirements:
Access to your MySQL database and FTP Client to install eQMS files on your web host or simply use your webhost’s control panel.