THIS LICENSE AGREEMENT SETS FORTH THE TERMS AND CONDITIONS OF THE LICENSE AND THE LIMITED WARRANTY FOR THE QUARKIMMEDIA VIEWER (THE "VIEWER"). BY CLICKING ON THE "ACCEPT" BUTTON AT THE CONCLUSION OF THIS AGREEMENT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE.
1. LICENSE GRANT: Any party having a copy of the VIEWER or who downloads, installs, or otherwise uses the VIEWER (the "USER") does not receive title to the VIEWER. The USER is granted a nonexclusive license to use the VIEWER subject to the restrictions and terms set forth in this License Agreement. The enclosed VIEWER is in beta phase of development and is licensed solely for internal evaluation, testing and development purposes. The customer should not create projects for distribution that require this version of the VIEWER. The customer may not copy, except for one archive copy which may not be in use at any time and must remain the possession and control of the customer, or distribute the enclosed VIEWER. The USER may not modify, translate, reverse engineer, disassemble or decompile the VIEWER or accompanying documentation except as permitted under applicable law.
2. TERMINATION: Any failure to comply with the terms and conditions of this License Agreement shall result in automatic termination of this License Agreement. Quark reserves the right to modify or terminate this Agreement at any time. Upon termination of this license for any reason, the USER must destroy all copies of the VIEWER.
3. COMMUNICATION OF LICENSE AGREEMENT: The customer agrees to communicate the terms and restrictions contained in this License Agreement to all persons under his or her employment, direction, or control.
4. GENERAL PROVISIONS: The VIEWER and any related documentation is provided "AS IS" and without warranty of any kind. Quark, Inc. specifically does not warrant that the VIEWER will operate uninterrupted or error-free. QUARK, INC. SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow limitations on implied warranties, so the above limitation may not apply to particular USERS.
5. VIEWER UPDATES: At Quark, Inc.'s sole discretion, Quark, Inc. may provide the USER with updates to the VIEWER. Quark, Inc. retains the right to provide the updates for a fee. The USER may refuse to accept the updates. The terms and conditions of this License Agreement apply to any and all updates unless stated otherwise by Quark, Inc.
6. USER RESPONSIBILITY FOR SELECTION OF THE VIEWER: The USER is solely responsible for selection of the VIEWER to achieve the USER's intended results or for particular applications.
7. LIMITATION OF LIABILITY: Regardless of whether any remedy fails of its essential purpose, in no event shall Quark, Inc. be liable to a USER for any special, indirect, incidental, or consequential damages arising from the use of the VIEWER or accompanying documentation however caused and on any theory of liability. In any event, Quark Inc.'s liability relating to the VIEWER shall be limited to $500. These limitations will apply even if Quark, Inc. or an authorized dealer has been advised of such possible damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the limitation or exclusion included in this License Agreement may not apply to particular USERS.
8. SEVERABILITY: If any provision of this License and Limited Warranty Agreement is declared by a court of competent jurisdiction to be invalid for any reason, such invalidity shall not affect the remaining provisions.
9. GOVERNING LAW AND JURISDICTION: This Agreement shall be governed by the laws of the State of Colorado. The District Court for the City and County of Denver, State of Colorado, and the United States District Court for the District of Colorado shall have sole and exclusive jurisdiction and venue over any dispute arising out of this Agreement and USER's use of the VIEWER, without prejudice to the right of Quark, Inc. to initiate legal proceedings in the courts of the country where USER is established or where USER has a center of business activities. Any costs which Quark, Inc. has to incur in or out of court, should Quark, Inc. become involved in legal proceedings or disputes with the USER, shall be for the USER's account.
10. EXPORT: USER agrees not to export, to transmit, directly or indirectly, any technical data or products received except in full compliance with all U.S. and other applicable laws and regulations. In particular, but without limitation, none of the technical data or products may be exported, re-exported or transmitted (i) into (or to a national or resident of) Iran, Syria or the "group S or Z countries" as defined in the U.S. Export Administration Regulations or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
11. U.S. GOVERNMENT RESTRICTED RIGHTS: This VIEWER and accompanying documentation are provided with restricted rights. Use, duplication, or disclosure by the government is subject to restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and paragraph (d) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19. The subcontractor/manufacturer is Quark, Inc., 1800 Grant Street, Denver, Colorado 80203.
