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Qsoft Website Agreement
The Qsoft Website (the "Site") is an online information
service provided by Qsoft, and is subject to your compliance with the
terms and conditions set forth below, including the exhibit attached
hereto. Please read this Agreement carefully before accessing or using
the Site. By using the Site, you agree to be bound by the terms and
conditions set forth below. Qsoft may modify this Agreement at any time,
and such modification shall be effective immediately upon posting of
the modified Agreement.
1. Copyright, Licenses and Idea Submissions. The entire
contents of the Site are copyrighted under the United States copyright
laws. The owner of the copyright is Qsoft. You may print and download
portions of material from the different areas of the Site solely for
your own noncommercial use. You may make: (a) machine readable copies,
(b) backup copies, and (c) print copies of any portions of material
downloaded from the different areas of the Site solely for your noncommercial
use. Any other copying, retransmission, or publication of any downloaded
material is strictly prohibited without the express written consent
of Qsoft. You agree not to modify or delete any proprietary notices
from materials downloaded from the Site. You agree to grant to Qsoft
a non-exclusive, royalty-free, perpetual license, with the right to
sublicense, reproduce, distribute, transmit, create derivative works
of, publicly display, and publicly perform any materials and other
information (including, without limitation, ideas contained therein
for new or improved products and services) you submit to public areas
of the Site (such as bulletin boards, forums, and news groups) by
all means and in any media now known or hereafter developed. You agree
that you shall have no recourse against Qsoft or its partners for
any alleged or actual infringement or misappropriation of any proprietary
right in your communications to us.
2. Use of the Site. You understand that Qsoft cannot and does not
guarantee or warrant that files available for downloading through
the Site will be free of infection or viruses, worms, Trojan horses,
or other code that manifest contaminating or destructive ties. You
assume total responsibility and risk for your use of the Site and
the Internet. Qsoft does not make any express or implied warranties,
representations, or endorsements whatsoever (including, without limitation,
warranties of title or non-infringement, or the implied warranties
of merchantability, or fitness for a particular purpose) with regard
to the Site, any merchandise, information, or service provided through
the Site or on the Internet generally, and Qsoft shall not be liable
for any cost or damage arising either directly or indirectly from
any such transaction. Qsoft does not warrant that the Site will be
uninterrupted or error-free or that defects in the Site will be corrected.
The Site and the software are provided on an "as is, as available"
basis. .
In no event will Qsoft be liable for (i) any incidental, consequential,
or indirect damages (including, but not limited to, damages for loss
of profits, business interruption, loss of programs or information,
and the like) arising out of the use of or inability to use the Site,
or any information, or transaction provided on the Site or downloaded
from the Site, even if Qsoft or its authorized representatives have
been advised of the possibility of such damage, or (ii) any claim
attributable to errors, omissions, or other inaccuracies in the Site
and/or materials or information downloaded through the Site. .
3. Operating Policies. You agree to comply with the Policies set forth
on Exhibit A which govern your activity in connection with the Site
as they may be amended by Qsoft from time to time.
4. Indemnification. You agree to indemnify, defend, and hold harmless
Qsoft and its partners and their officers, directors, employees, agents,
licensors, and suppliers from and against all losses, expenses, damages,
and costs, including reasonable attorney's fees, resulting from any
violation of this Agreement or any activity related to your use of
the Site (including negligent or wrongful conduct) by you or any other
person accessing the Site using your Site account.
5. Third-Party Rights. The provisions of this Agreement are for the
benefit of Qsoft and its partners and their officers, directors, employees,
agents, licensors, suppliers, and any third-party information providers
to the Site. Each of these individuals or entities shall have the
right to assert and enforce those provisions directly against you
on its own behalf.
6. Term; Termination. This Agreement may be terminated by Qsoft without
notice at any time for any reason. The provisions of Paragraphs 2,
3, 4, 5, and 7 shall survive any termination of this Agreement.
7. Miscellaneous. This Agreement shall all be governed and construed
in accordance with the laws of the Commonwealth of Pennsylvania applicable
to agreements made and to be performed in Pennsylvania. You agree
that any legal action or proceeding between Qsoft and you for any
purpose concerning this Agreement or the parties' obligations hereunder
shall be brought exclusively in a federal or state court of competent
jurisdiction sitting in Pennsylvania. Any cause of action or claim
you may have with respect to the Site must be commenced within one
(1) year after the claim or cause of action arises or such claim or
cause of action is barred. Qsoft's failure to insist upon or enforce
strict performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. Qsoft may assign
its rights and duties under this Agreement to any party at any time
without notice to you.
Policies
Your participation in online communications occurs in real time
and is not edited, censored, or otherwise controlled by Qsoft. Qsoft
cannot and does not screen content provided by users of the Site. Notwithstanding
the foregoing, Qsoft reserves the right to monitor content on the Site
and to remove content which Qsoft, in its sole discretion, determines
to be harmful, offensive, or otherwise in violation of these Policies.
In order to maintain an informative and valuable service that meets
the needs of the users of the Site and avoids the harm that can result
from disseminating statements that are false, malicious, violate of
the rights of others, or otherwise harmful, it is necessary to establish
the following rules to protect against abuse:
(i) You may not post or transmit any message anonymously
or under a false name.
(ii) You may not post or transmit any message, data, image, or program
that would violate the property rights of others, including unauthorized
copyrighted text, images or programs, trade secrets or other confidential
proprietary information, and trademarks or service marks used in an
infringing fashion.
(iii) You may not post or transmit any message which is libelous,
defamatory, or which discloses private or personal matters concerning
any person. You may not post or transmit any message, data, image,
or program which is indecent, obscene, or pornographic.
(iv) You may not interfere with other users of the Site.
(v) You may not post or transmit any file which contains viruses,
worms, "Trojan horses," or any other contaminating or destructive
features.
(vi) You may not post or transmit any message which is harmful, threatening,
abusive, or hateful.
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