QLAGO APPLICATION LICENSE TERMS

Last updated: Feb 25, 2020

These license terms are an agreement between you and QLAGO GmbH (‘QLAGO’). Please read them. They apply to all QLAGO products, including components, source code, demos, intermediate files, media, printed materials, and "online" or electronic documentation. This agreement also applies to any updates and supplements for the App, unless other terms accompany those items. If so, those terms apply.

BY DOWNLOADING, INSTALLING, OR USING THE QLAGO APP, OR ATTEMPTING TO DO ANY OF THESE, YOU HAVE ACCEPTED THESE TERMS. IF YOU DO NOT INTEND TO ACCEPT THEM, YOU HAVE NO RIGHT TO (AND MUST NOT) DOWNLOAD OR USE THE APP.

Except for the above, if the App enables access to any Internet-based services, your use of those services will be subject to the separately-provided terms of use.

If you comply with these license terms, you have the rights below.

  1. INSTALLATION AND USE RIGHTS. 
    You may install and use the App on a Windows device or devices that are affiliated with the Microsoft account that you use to access the Office Store or Office product. You may not install or use a copy of the App on a device you do not own or control.
     

  2. INTERNET-BASED SERVICES. 
    QLAGO may provide Internet-based services with the App. In addition to the following, your use of those services is subject to the terms provided to you by the QLAGO and/or your wireless carrier.

    Consent for Internet-Based or Wireless Services. The App may connect to computer systems over an Internet-based and/or wireless network. In some cases, you will not receive a separate notice when they connect. Using the App operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system and App software, and peripherals) for Internet-based and/or wireless services.

    Misuse of Internet-based Services. You may not use any Internet-based service in any way that could harm it or impair anyone else’s use of it or the wireless network. You also may not use any Internet-based service to try to gain unauthorized access to any service, data, account, or network by any means.
     

  3. SCOPE OF LICENSE. 
    The App is licensed, not sold. This agreement only gives you some rights to use the App. QLAGO reserves all other rights. Unless the law gives you more rights despite this limitation, you may use the App only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the App that only allow you to use it in certain ways. You may not:
    - work around any technical limitations in the App;
    - reverse engineer, decompile, or disassemble the App, except and only to the extent that the law expressly permits, despite this limitation;
    - make more copies of the App than specified in this agreement or allowed by the law, despite this limitation;
    - publish or otherwise make the App available for others to copy; or rent, lease or lend the App.
     

  4. DOCUMENTATION. 
    Documentation provided with the App may be copied and used solely for your reference purposes.
     

  5. TECHNOLOGY AND EXPORT RESTRICTIONS. 
    The App may be subject to United States or international technology control or export laws and regulations. You must comply with all domestic and international laws and regulations that apply to the technology used, employed or supported by the App. These laws include restrictions on destinations, end users and end use.
     

  6. SUPPORT SERVICES. 
    The App is provided “as is.” QLAGO, Microsoft, your device manufacturer, and your wireless carrier are not obligated under this agreement to provide support services for the App. Contact QLAGO via Contact Form if you are interested in information about available support services.
     

  7. LEGAL EFFECT. 
    This agreement describes certain legal rights. You may have other rights under the laws of the state or country where you reside. This agreement does not change your rights under the laws of the state or country where you reside if such laws do not permit it to do so.
     

  8. DISCLAIMER OF WARRANTY.
    THE APP IS LICENSED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR ALL RISK OF USING IT. QLAGO, MICROSOFT, WIRELESS CARRIERS OVER WHOSE NETWORK THE APP IS DISTRIBUTED, AND ITS AND THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS, AND SUPPLIERS (“DISTRIBUTORS”), GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE APP. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, DISTRIBUTORS EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
     

  9. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES.
    TO THE EXTENT NOT PROHIBITED BY LAW, YOU CAN RECOVER FROM QLAGO ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE APP. YOU AGREE NOT TO SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM ANY DISTRIBUTOR.

     

This limitation applies to

- anything related to the App, services made available through the App, or content (including code) on third-party Internet sites; and

- claims for breach of contract; breach of warranty, guarantee or condition; or strict liability, negligence, or other tort to the extent permitted by applicable law.
 

It also applies even if

- repair, replacement, or a refund for the App does not fully compensate you for any losses; or

- Distributor knew or should have known about the possibility of the damages.