Appendix
61
License Limitations
User may not, and may not authorize or permit any third party to (a) use the Product for any
purpose other than in connection with the Product or in a manner inconsistent with the
design or documentations of the Product; (b) license, distribute, lease, rent, lend, transfer,
assign or otherwise dispose of the Product or use the Product in any commercial hosted or
service bureau environment; (c) reverse engineer, decompile, disassemble or attempt to
discover the source code for or any trade secrets related to the Product, except and only to
the extent that such activity is expressly permitted by applicable law notwithstanding this
limitation; (d) adapt, modify, alter, translate or create any derivative works of the Licensed
Software; (e) remove, alter or obscure any copyright notice or other proprietary rights notice
on the Product; or (f) circumvent or attempt to circumvent any methods employed by QSAN
to control access to the components, features or functions of the Product.
Disclaimer
QSAN DISCLAIMS ALL WARRANTIES OF PRODUCT, INCLUDING BUT NOT LIMITED TO ANY
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT,
TITLE, AND NON-INFRINGEMENT. ALL PRODUCTS ARE PROVIDE “AS IS” WITHOUT
WARRANTY OF ANY KIND. QSAN MAKES NO WARRANTY THAT THE PRODUCT WILL BE
FREE OF BUGS, ERRORS, VIRUSES OR OTHER DEFECTS.
IN NO EVENT WILL QSAN BE LIABLE FOR THE COST OF COVER OR FOR ANY DIRECT,
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OR
LIABILITIES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO LOSS OF DATA,
INFORMATION, REVENUE, PROFIT OR BUSINESS) ARISING OUT OF OR RELATING TO THE
USE OR INABILITY TO USE THE PRODUCT OR OTHERWISE UNDER OR IN CONNECTION
WITH THIS EULA OR THE PRODUCT, WHETHER BASED ON CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY EVEN IF QSAN HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability
IN ANY CASE, QSAN’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR
THE PRODUCT WILL BE LIMITED TO THE TOTAL AMOUNT ACTUALLY AND ORIGINALLY
PAID BY CUSTOMER FOR THE PRODUCT. The foregoing Disclaimer and Limitation of
Liability will apply to the maximum extent permitted by applicable law. Some jurisdictions do
not allow the exclusion or limitation of incidental or consequential damages, so the
exclusions and limitations set forth above may not apply.
