PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE GRIDQ SOFTWARE.
BY USING THE GRIDQ SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, CLICK "DISAGREE/DECLINE" OR DO NOT USE THIS SOFTWARE.
1. General
Software and apps by GridQ (“Software”), documentation accompanying this License whether on disk, in read-only memory, on any other media or in any other form (collectively the "GRIDQ Software") are licensed, not sold, to you by GRIDQ ("GRIDQ") for use only under the terms of this License, and GRIDQ reserves all rights not expressly granted to you. The rights granted herein are limited to GRIDQ's and its licensors' intellectual property rights in the GRIDQ Software and do not include any other patents or intellectual property rights. You own the media on which the GRIDQ Software is recorded, but GRIDQ and/or GRIDQ's licensor(s) retain ownership of the GRIDQ Software itself. The terms of this License will govern any software updates/upgrades provided by GRIDQ that replace and/or supplement the original GRIDQ Software product unless such update/upgrade is accompanied by a separate license, in which case the terms of that license will govern.
2. Permitted License Uses and Restrictions
This License allows you to install and use the Software on the number of computers specified in the serial number you received at the time of purchase. This License does not allow the GRIDQ Software to exist on more computers than those specified in the serial number you received at the time of purchase. If you did not receive a serial number at the time of purchase, then this License allows you to install and use the Software on one (1) computer. You may not make the GRIDQ Software available over a network where multiple computers could use it simultaneously. You may make one copy of the GRIDQ Software in machine-readable form for backup purposes only, provided the backup copy includes all copyright or other proprietary notices on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the GRIDQ Software or any part thereof. THE GRIDQ SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE GRIDQ SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
3. Transfer
You may not rent, lease, lend, or sublicense the GRIDQ Software. You may, however, make a one-time permanent transfer of all of your license rights to the GRIDQ Software to another party provided that: (a) the transfer must include all of the GRIDQ Software, including all its component parts, original media, printed materials, and this License; (b) you do not retain any copies of the GRIDQ Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the GRIDQ Software reads and agrees to accept the terms and conditions of this License.
NFR (Not for Resale) Copies:
Notwithstanding other sections of this License, GRIDQ Software labeled or otherwise provided to you on a promotional basis may only be used for demonstration, testing, and evaluation purposes and may not be resold or transferred.
4. Termination
This License is effective until terminated. Your rights under this License will terminate automatically without notice from GRIDQ if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the GRIDQ Software and destroy all copies, full or partial, of the GRIDQ Software.
5. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE GRIDQ SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GRIDQ SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND GRIDQ AND GRIDQ'S LICENSORS (COLLECTIVELY REFERRED TO AS "GRIDQ" FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GRIDQ SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. GRIDQ DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GRIDQ SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE GRIDQ SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GRIDQ SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE GRIDQ SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GRIDQ OR AN GRIDQ AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE GRIDQ SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL GRIDQ BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE GRIDQ SOFTWARE, HOWEVER, CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF GRIDQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall GRIDQ's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of the software purchase price or twenty dollars ($20.00 USD), whichever is less. The foregoing limitations will apply even if the above-stated remedy fails its essential purpose.
7. Complete Agreement; Governing Language
This License constitutes the entire agreement between the parties with respect to the use of the GRIDQ Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by GRIDQ. Any translation of this License is done for local requirements, and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
Last modified: 30 July 2024