QS Industries License Agreement
These license terms are an agreement between QS Industries Inc. (QSI) and you.
They apply to any hardware, software, firmware, and any method by which you receive these items, if any. The terms apply to any QSI:
- " Updates,
- " Firmware,
- " Network/Internal based services,
- " Software,
- " Support services,
- " Hardware,
- " Sound records,
- " Anything incorporating any QSI technology and/or QSI intellectual property.
By using any of the items listed above (herein "PRODUCT"), you accept these terms. If you do not accept them, do not use this PRODUCT. Instead, return it the seller for a refund or credit. If you comply with these terms, you have the rights described below to use this PRODUCT.
1. OVERVIEW: This QSI PRODUCT may include one or more of the following:
a. Sound Files: that incorporates sounds that may or may not been processed.
b. Software: the software includes control and operation processes, methods, documentation.
c. Firmware: code in QSI hardware product,
d. Hardware: Product produced or licensed by QSI, and/or
e. Anything that incorporates QSI technology and/or QSI Intellectual Property
2. SCOPE OF LICENSE: The PRODUCT and incorporated intellectual property is provided with a license, not sold. This agreement only gives you limited rights to use the PRODUCT. QSI reserves all other rights. This PRODUCT is copyrighted and incorporates QSI technology and/or Intellectual Property. Unless applicable law gives you more rights despite this limited license, you may use the PRODUCT only as expressly permitted in this agreement. You may not
a. Work around any technical limitation in the PRODUCT,
b. Reverse engineer, decompile or disassemble the PRODUCT,
c. Make copies of this PRODUCT,
d. Publish any portion of the PRODUCT for others to copy,
e. Make a derivative work of this PRODUCT,
f. Rent, lease or lend the PRODUCT, and
g. Use any portion of PRODUCT together with an unauthorized product
QSI grants a limited license to use this PRODUCT for its normal intended purpose provided that
a. Both the copyright notice and this limited permission notice appear in full,
b. The use of such PRODUCT is for personal non-commercial use,
c. This PRODUCT shall not be reproduced (in whole or in part in any manner) or posted anywhere (in whole or in part) on any computer, included in any computer software, and/or broadcast in any media,
d. In the event that an injunction exists against QSI or an affiliate (any party working with QSI in any capacity), the aforementioned permission to use PRODUCT in any manner is revoked,
e. In the event that any lawsuit is filed against QSI or an affiliate, the permission to use the PRODUCT by the plaintiff or any affiliates thereof and/or defendant or any affiliates thereof in any manner is revoked,
f. No derivative works or modifications of any of the PRODUCT may be made,
g. Any oral or implied licenses are hereby revoked to the PRODUCT without a written agreement signed by both parties, and
h. Any other use of the PRODUCT requires express written permission signed by both parties.
3. SERVERABILITY: In the event that any portion of this agreement is found invalid, all other portions remain in effect
4. AUTHORIZED PRODUCT: QSI Authorized Products are those products that are authorized by a mutual signed agreement with QSI.
5. APPLICABLE LAW
a. United States. If you acquire the PRODUCT in the United States, Oregon State law governs the interpretation of the agreement and applies to claims for breach of it, regardless of the conflict of laws principals.
b. Outside United States. If you acquire the product in any other country, the laws of that country apply.
6. INTELECTUAL PROPERTY NOTICE: The PRODUCT (Quantum Hardware, Software and Firmware) is covered by one or more U.S. Patents. No.
4,914,431; 5,184,048; 5,267,318; 5,394,068; 5,448,142; 5,492,290; 5,590,856; 5,633,985; 5,773,939; 5,832,431; 5,896,017 5,940,005; 6,230,140 B1; 7,429,931 B1; 7,451,708 B1; 7,770,847 B1; 7,859,424 B2; RE42,284 E; 7,954,435 B2; 8,070,108 B2; 8,166,887 B2; 8,408,143 B2; and one or more patents pending. QSI PRODUCTS are copyrighted and registered.
7. LIMTATION ON AND EXCLUSION OF DAMAGES. You can recover from QSI and its suppliers only direct damages up to the amount you paid for the PRODUCT. You cannot recover any other damages including consequential, lost profits, special, indirect or incidental damages. This limitation applies to:
- " Anything related to the hardware, software, firmware, sound files, services, content (including code) on third party internet sites or third party program and
- " Claims form breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if
- " Repair, replacement or a refund of the product does not fully compensate you for any losses or
- " QSI knew or should have known about or the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation of exclusion may or may not apply to you. They also may not apply to you because your country many not allow the exclusion or limitation of inconsequential, consequential or other damages.
8. NO OTHER RIGHTS: QS Industries, Inc. retains title and ownership of all Quantum Hardware designs, the Quantum Programmer™, associated operating Software/Firmware code and PRODUCT. Except as stated above, this agreement does not grant you any rights to intellectual property rights and or Copyrights to the Quantum Software, Firmware, Hardware or PRODUCT. The use of any trademarks or intellectual property as herein authorized does not give you any rights of ownership in that trademark or any other Intellectual Property owned by QSI.
9. LICENSE TERMINATION: If you breach any portion of this agreement (material and/or immaterial), your license is automatically terminated, without notice. © 2013 All rights reserved. Information in this publication supersedes that in all previous published material. The contents and the product it describes are subject to change without notice. QSI is a registered trademark of QSIndustries, Inc. Quantum, Quantum System, Sound-of-Power, Scale Sound, Regulated Throttle Control, QARC, are trademarks of QSIndustries, Inc. QSI makes no representations or warranties with respect to this publication. In no event shall QSIndustries, Inc. be liable for any damages, direct or incidental, arising out of or related to the use of this publication. Issued 04/28/13.
