Qlustar License Agreement

Version 2.0, March 2018

PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING OR OTHERWISE USING THE SOFTWARE (INCLUDING ITS COMPONENTS), YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.

This Q-Leap Networks Software License Agreement (Agreement) is a legal agreement between You (an entity or a person) and Q-Leap Networks GmbH (Q-Leap). The Qlustar product with all its software components, any media and accompanying documentation (collectively the Software) is protected by the copyright laws and treaties of Germany, the European Community (EU), the United States (U.S.) and other countries and is subject to the terms of this Agreement.

Provided You accepts all terms of this License Agreement, You are granted a non-exclusive, non-assignable right to use the Software, which means You may use the Software for an unrestricted number of users.

Any update or support release to the Software that You may download or receive that is not accompanied by its own license agreement explicitly superseding this Agreement is Software governed by this Agreement.

The Software is a modular operating system comprised of numerous components that may be accompanied by separate license terms. The Software is a collective work of Q-Leap; although Q-Leap does not own the copyright to every component of the Software, Q-Leap owns the collective work copyright for the Software.

Most components of the Software are open source packages, developed independently, and accompanied by separate license terms. These licenses can be found in the directory /usr/share/doc on a computer where the Software is installed. Your license rights with respect to individual components accompanied by separate license terms are defined by those terms; nothing in this Agreement shall restrict, limit, or otherwise affect any rights or obligations You may have, or conditions to which You may be subject, under such license terms. However, if You distribute copies of any component independent of the Software, You must remove all Q-Leap trademarks and logos from each copy.

OTHER LICENSE TERMS AND RESTRICTIONS

The Software is licensed to You, not sold. Q-Leap reserves all rights not expressly granted to You. Under the conditions of this agreement You may not: (1) reverse engineer, decompile, or disassemble the Software except and only to the extent it is expressly permitted by applicable law; or (2) transfer the Software or Your license rights under this Agreement, in whole or in part.

MAINTENANCE AND SUPPORT

Q-Leap has no obligation to provide support or maintenance unless You purchase an offering that expressly includes support or maintenance services. If You make such a purchase and no separate agreement specifically applies to the support or maintenance services, then the terms of this Agreement will govern the provision of such support or maintenance services (Services).

OWNERSHIP RIGHTS

No title to or ownership of the Software is transferred to You. Q-Leap and/or its licensors retain all right, title and interest in and to all intellectual property rights in the Software and Services, including any adaptations or copies thereof. Any materials You receive as part of the Services that are not accompanied by terms expressly superseding this Agreement are Software and governed by this Agreement. You acquire only a conditional license to use the Software.

COMMERCIAL RESTRICTIONS

Without prior written consent of Q-Leap or one of its authorized partners, You may not:

Redistribute the Software for a fee to any third party.
Provide commercial turn-key solutions based on the Software to any third party.
Provide commercial services for the Software to any third party.
Rent or lease the Software to any third party. This includes the sale of any so-called SaaS (Software as a service) or cloud services based on the Software.

LIMITED WARRANTY

For ninety (90) days from Your date of purchase, Q-Leap warrants that the Software will substantially conform to the documentation accompanying the Software. If the defective items are returned to Q-Leap or if You report the nonconformity to Q-Leap within ninety (90) days from the date of purchase, Q-Leap will at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or modification of the Software voids this warranty. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. (The foregoing warranty does not apply to Software provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND.)

SERVICES

Q-Leap warrants that any Services purchased will be supplied in a professional manner in accordance with generally accepted industry standards. This warranty will be effective for ninety (90) days following delivery of the Services. Upon any breach of this warranty, Q-Leap’s only obligation is to either correct the Services so that they comply with this warranty or at its option refund the amount You paid to Q-Leap for the portion of the Services that fail to comply with this warranty. As files may be altered or damaged in the course of Q-Leap providing technical services, You agree to take appropriate measures to isolate and back up Your systems.

THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. THE SOFTWARE IS ONLY COMPATIBLE WITH CERTAIN COMPUTERS AND OPERATING SYSTEMS. THE SOFTWARE IS NOT WARRANTED FOR NON-COMPATIBLE SYSTEMS.

NON-Q-LEAP PRODUCTS

The Software may include or be bundled with hardware or other software programs or services licensed or sold by a entity other than Q-Leap. Q-LEAP DOES NOT WARRANT NON-Q-LEAP PRODUCTS OR SERVICES. ANY SUCH PRODUCTS OR SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WARRANTY SERVICE IF ANY FOR NON-Q-LEAP PRODUCTS IS PROVIDED BY THE PRODUCT LICENSOR IN ACCORDANCE WITH THE APPLICABLE LICENSOR WARRANTY. EXCEPT AS OTHERWISE RESTRICTED BY LAW, Q-LEAP DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. Q-LEAP MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. Q-LEAP DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You. This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdiction.

LIMITATION OF LIABILITY

(a) Consequential Losses.

NEITHER Q-LEAP NOR ANY OF ITS LICENSORS, SUBSIDIARIES, OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR SERVICES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

(b) Direct Damages.

IN NO EVENT WILL Q-LEAP’S AGGREGATE LIABILITY FOR DIRECT DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE INSTANCE OR A SERIES OF INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID BY YOU FOR THE SOFTWARE OR SERVICES OUT OF WHICH SUCH CLAIM AROSE [OR 50€ IF YOU RECEIVED THE SOFTWARE FREE OF CHARGE]. The above exclusions and limitations will not apply to claims relating to death or personal injury. In those jurisdictions that do not allow the exclusion or limitation of damages, Q-Leap’s liability shall be limited or excluded to the maximum extent allowed within those jurisdictions.

GENERAL TERMS

Term

This Agreement becomes effective on the date You legally acquire the Software and will automatically terminate if You breach any of its terms.

Verification

Q-Leap has the right to verify Your compliance with this Agreement. You agree to: keep records relating to the Software products You have installed, copied or used; upon request of Q-Leap, provide Q-Leap with written certification of Your use; and allow a Q-Leap representative to inspect and audit your computers and records for compliance with this Agreement during your normal business hours. You shall fully cooperate with such audit and provide any necessary assistance and access to all records and computers.

Open Source

Nothing in this Agreement shall restrict, limit or otherwise affect any rights or obligations You may have, or conditions to which You may be subject, under any applicable open sources licenses to any open source code contained in the Software.

Transfer

This Agreement may not be transferred or assigned without the prior written approval of Q-Leap.

Law and Jurisdiction

This Agreement is governed by the laws of Germany. Any action at law relating to this Agreement may only be brought before the courts of competent jurisdiction of the state of Baden-Württemberg, Germany.

Entire Agreement

This Agreement sets forth the entire understanding and agreement between You and Q-Leap and may be amended or modified only by a written agreement agreed to by You and an authorized representative of Q-Leap. NO LICENSOR, DISTRIBUTOR, DEALER, RETAILER, RESELLER, SALES PERSON, OR EMPLOYEE IS AUTHORIZED TO MODIFY THIS AGREEMENT OR TO MAKE ANY REPRESENTATION OR PROMISE THAT IS DIFFERENT FROM, OR IN ADDITION TO, THE TERMS OF THIS AGREEMENT.

Waiver

No waiver of any right under this Agreement will be effective unless in writing, signed by a duly authorized representative of the party to be bound. No waiver of any past or present right arising from any breach or failure to perform will be deemed to be a waiver of any future right arising under this Agreement.

Severability

If any provision in this Agreement is invalid or unenforceable, that provision will be construed, limited, modified or, if necessary, severed, to the extent necessary, to eliminate its invalidity or unenforceability, and the other provisions of this Agreement will remain unaffected.

Export Compliance

Any products or technical information provided under this Agreement may be subject to the German Export & Foreign Trade Act (Außenwirtschaftsgesetz - AWG), as amended on 27 May 2009, the German Export & Foreign Trade Ordinance (Außenwirtschaftsverordnung - AWV) of 22 November 1993 (as amended on 19 December 2007) (without the export control list) or U.S. export controls and the trade laws of other countries. The parties agree to comply with all export control regulations and to obtain any required licenses or classification to export, re-export or import deliverables. The parties agree not to export or re-export to entities on the current EC country embargos list or to any embargoed or terrorist countries as specified in the U.S. export laws. The parties will not use deliverables for prohibited nuclear, missile, or chemical biological weaponry end uses. Q-Leap assumes no responsibility for Your failure to obtain any necessary export approvals.

U.S. Government Restricted Rights

Use, duplication, or disclosure by the U.S. Government is subject to the restrictions in FAR 52.227-14 (June 1987) Alternate III (June 1987), FAR 52.227-19 (June 1987), or DFARS 252.227-7013(b)(3) (Nov 1995), or applicable successor clauses.

Other

The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

Contractor/Manufacturer

Q-Leap Networks GmbH
Unterhaugstetterstr. 16
75378 Bad Liebenzell
Germany

Qlustar® is a registered trademark of Q-Leap Networks GmbH.
All third party trademarks are property of their respective owners.

This license agreement can also be found in the file /usr/share/qlustar-X/LICENSE.html on a computer where Qlustar is installed (where X is the Qlustar major version, 12, 13, 14, …).

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