End user agreement for QPack - Application Lifecycle Management
END-USER LICENSE AGREEMENT FOR ORCANOS SOFTWARE
IMPORTANT-READ CAREFULLY prior to installing this software: This End-User
License Agreement ("EULA") is a legal agreement between you (either an
individual or a single entity) and Orcanos Corporation for the Orcanos software
known as Qpack system ("Qpack"), that accompanies this EULA, which includes
Orcanos Internet-based services ("Software"). An amendment or addendum to this
EULA may accompany the Software.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA AND ARE BECOMING A PARTY TO THIS
AGREEMENT BY INSTALLING, COPYING, OR USING THE SOFTWARE. IF YOU DO NOT AGREE, DO
NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF
PURCHASE FOR A FULL REFUND, IF APPLICABLE.
This license agreement includes the terms and conditions of use for Qpack. Qpack
may be licensed under different configurations combine fix price license, and/or
Fix price license - fix defined user can login any time.
Floating license - license which is generated by a license server and is not
locked to a particular PC. Allow multiple users to share use of the application.
At any given time only one user can log in, when the user finishes using the
software, another user can begin using it.
The plans under this license agreement are as follows: (a) subscription plan -
monthly payment (b) purchasing license plan - one time payment (c) paid trial
plan- grant use for 30 days.
Generally, all provisions herein apply to all configurations but where
specifically stated certain parts will apply only to specific configurations
(e.g. trial plan). YOUR APPLICABLE CONFIGURATION SHALL BE DETERMINED ACCORDING
TO THE PRODUCT ORCANOS AGREED TO PROVIDE TO YOU AND SUBJECT TO THE PAYMENT
1. GRANT OF LICENSE.
IMPORTANT NOTE: For the removal of doubt, Orcanos may send to Licensee's hard
disk, from time to time, instructions, such as pings and other commands, which
allow Orcanos to terminate the use or operation of Qpack. In addition, Orcanos
In the evaluation version Orcanos will terminate the use of Qpack after 30 days.
Orcanos grants you the following rights provided that you comply with all terms
and conditions of this EULA:
1.1 Installation and use according to the license type. You may: Install and use
a copy of the Software on one personal computer or other device
1.2 As an alternative to Section 1.1(a), you may install a copy of the Software
on a network storage device, such as a server computer, and allow one access
device, such as a personal computer, to access and use that licensed copy of the
Software over a private network. You must obtain a license to the Software for
each additional user that accesses and uses the Software installed on the
network storage device, except as permitted by Section 1.4 of this EULA.
1.3 License Grant for Remote Desktop. You may use remote access technologies,
such as the Remote Desktop features in Microsoft Windows or NetMeeting, to
access and use your licensed copy of the Software, provided that only the
primary user of the device hosting the remote desktop session accesses and uses
the Software with a remote access device. These remote desktop rights do not
permit you to use the Software on both the device hosting the remote desktop
session and the access device at the same time.
1.4 License Grant for Remote Assistance. You may permit any device to access and
use your licensed copy of the Software for the sole purpose of providing you
with technical support and maintenance services.
1.5 License Grant for Media Elements. The Software may include certain
photographs, clip art, shapes, animations, sounds, music and video clips that
are identified in the Software for your use (together "Media Elements"). You may
copy and modify the Media Elements, and license, display and distribute them,
along with your modifications as part of your software products and services,
including your web sites, but you are not licensed to do any of the following:
You may not sell, license or distribute copies of the Media Elements by
themselves or as part of any collection, product or service if the primary
value of the product or service is in the Media Elements.
You may not grant customers of your product or service any rights to license
or distribute the Media Elements.
You may not license or distribute any of the Media Elements that include
representations of identifiable individuals, governments, logos, initials,
emblems, trademarks, or entities for any commercial purposes or to express or
imply any endorsement or association with any product, service, entity, or
You may not create obscene or scandalous works, as defined by Israel law at
the time the work is created, using the Media Elements.
In addition, you must (a) indemnify and defend Orcanos from and against any
claims or lawsuits, including attorneys' fees that arise from or result from the
licensing, use or distribution of Media Elements as modified by you, and (b)
include a valid copyright notice on your products and services that include the
1.6 License Grant for Documentation. The documentation that accompanies the
Software is licensed for internal, non-commercial reference purposes only.
1.7 License Grant for Templates. The Software may include document templates.
You may copy and modify the document templates available as part of the Orcanos
software that accompanies this EULA and distribute such templates along with
your modifications for use by other licensees of the Software. You also may
copy, modify and distribute the templates available through related
Internet-based services along with your modifications for use by other licensees
of the Software, but only for personal or commercial correspondence involving
person-to-person communication. You are not licensed to do any of the following:
You may not Loan, rent, lease, give, sub-license or otherwise transfer the
Product (or any copy) in whole or in part, to any other person or entity.
You may not sell, resell, license, rent, lease, lend, or otherwise transfer
for value, the templates.
You may not distribute the templates available via Internet-based services as
part of any product or service.
You may not copy or post any templates available through Internet-based
services on any network computer or broadcast it in any media.
You must indemnify and defend Orcanos against any claims or lawsuits, including
attorneys fees, that arise from or result from the licensing or distribution of
the templates as modified by you.
YOU MAY NOT:
a. Copy, alter, translate, decompile or reverse engineer Qpack, including but
not limited to, modify Qpack to make it operate on non-compatible hardware or
b. Remove, alter or cause not to be displayed, any trademarks, copyright notices
or start-up messages contained in the programs and/or documentation, error
messages and log files.
c. Loan, rent, lease, give, sub-license or otherwise transfer Qpack (or any
copy) in whole or in part, to any other person and or entity.
d. Copy or translate the User Manual, training materials or any other
documentation included with Qpack
THIS LICENSE WILL TERMINATE AUTOMATICALLY if you fail to comply with the terms
and conditions set forth above.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
2.1 Mandatory Activation. THERE ARE TECHNOLOGICAL MEASURES IN THIS SOFTWARE THAT
ARE DESIGNED TO PREVENT UNLICENSED USE OF THE SOFTWARE.
GENERAL COPYING RESTRICTIONS
Use Qpack as licensed as follows: Fix license: by a single workstation only (one
license per one workstation). Floating license: according to the terms of your
agreement and number of workstations defined and paid for to Orcanos. In the
event that you have any questions regarding the number of users permitted you
should immediately contact your Qpack administrator.
IMPORTANT NOTE: For the removal of doubt, you may not be able to exercise your
rights to the Software under this EULA after a finite number of product launches
unless you activate your copy of the Software in the manner described during the
launch sequence. You may also need to reactivate the Software if you modify your
computer hardware or alter the Software. Orcanos will use those measures to
confirm you have a legally licensed copy of the Software. If you are not using a
licensed copy of the Software, you are not allowed to install the Software or
future Software updates. Orcanos will not collect any personally identifiable
information from your device during this process.
2.2 Internet-Based Services. You may not use any Orcanos Internet-based services
associated with the Software in any manner that could damage, disable,
overburden, or impair such services or interfere with any other party's use and
enjoyment of them. You may not attempt to gain unauthorized access to any
service, account, computer systems or networks associated with the
2.3 Report-Writing Runtime Software Limitations. The Software may contain
report-writing runtime software ("Runtime Software"). Other than use with the
Software, you may not use the Runtime Software with any other software
application nor use the Runtime Software as part of any process or system that
is used to automatically deliver, share or distribute documents or other work
created using the Runtime Software.
3. RESERVATION OF RIGHTS AND OWNERSHIP. Orcanos reserves all rights not
expressly granted to you in this EULA. The Software is protected by copyright
and other intellectual property laws and treaties. Orcanos or its suppliers own
the title, copyright, and other intellectual property rights in the Software.
The Software is licensed, not sold. This EULA does not grant you any rights to
trademarks or service marks of Orcanos.
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may
not reverse engineer, decompile, or disassemble the Software, except and only to
the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation.
5. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide
commercial hosting services with the Software.
6. CONSENT TO USE OF DATA. You agree that Orcanos and its affiliates may collect
and use technical information gathered as part of the product support services
provided to you, if any, related to the Software. Orcanos may use this
information solely to improve our products or to provide customized services or
technologies to you and will not disclose this information in a form that
personally identifies you.
7. LINKS TO THIRD PARTY SITES. Orcanos is not responsible for the contents of
any third-party sites or services, any links contained in third-party sites or
services, or any changes or updates to third-party sites or services. Orcanos is
providing these links and access to third-party sites and services to you only
as a convenience, and the inclusion of any link or access does not imply an
endorsement by Orcanos of the third-party site or service.
8. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements,
add-on components, or Internet-based services components, of the Software that
Orcanos may provide to you or make available to you after the date you obtain
your initial copy of the Software, unless they are accompanied by separate
terms. Orcanos reserves the right to discontinue Internet-based services
provided to you or made available to you through the use of the Software.
9. UPGRADES. To use Software identified as an upgrade, you must first be
licensed for the software identified by Orcanos as eligible for the upgrade.
After installing the upgrade, you may no longer use the original software that
formed the basis for your upgrade eligibility, except as part of the upgraded
10. NOT FOR RESALE SOFTWARE. Software identified as "Not for Resale" or "NFR,"
may not be sold or otherwise transferred for value, or used for any purpose
other than demonstration, test or evaluation.
11. LIMITATION OF LIABILITY TO THIRD PARTY SOFTWARE. For the removal of doubt,
Orcanos will not be liable to third party software that Qpack integrates to in
any way (their performance/function/implementation or otherwise).
12. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to Israel.
export jurisdiction. You agree to comply with all applicable international and
national laws that apply to the Software, including the Israel Export
Administration Regulations, as well as end-user, end-use, and destination
restrictions issued by Israel and other governments.
13. SEPARATION OF COMPONENTS. The Software is licensed as a single product. Its
component parts may not be separated for use on more than one device.
14. TERMINATION. Without prejudice to any other rights, Orcanos may terminate
this EULA if you fail to comply with the terms and conditions of this EULA. In
such event, you must destroy all copies of the Software and all of its component
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy
for any breach of this Limited Warranty is as set forth below. Except for any
refund elected by Orcanos, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT
NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet Orcanos's
Limited Warranty, and, to the maximum extent allowed by applicable law, even if
any remedy fails of its essential purpose. The terms of Section 18 ("Exclusion
of Incidental, Consequential and Certain Other Damages") are also incorporated
into this Limited Warranty. Some states/jurisdictions do not allow the exclusion
or limitation of incidental or consequential damages, so the above limitation or
exclusion may not apply to you. This Limited Warranty gives you specific legal
rights. You may have other rights which vary from state/jurisdiction to
YOUR EXCLUSIVE REMEDY. Orcanos's and its suppliers' entire liability and your
exclusive remedy for any breach of this Limited Warranty or for any other breach
of this EULA or for any other liability relating to the Software shall be, at
Orcanos's option from time to time exercised subject to applicable law, (a)
return of the amount paid (if any) for the Software, or (b) repair or
replacement of the Software, that does not meet this Limited Warranty and that
is returned to Orcanos with a copy of your receipt. You will receive the remedy
elected by Orcanos without charge, except that you are responsible for any
expenses you may incur (e.g. cost of shipping the Software to Orcanos). This
Limited Warranty is void if failure of the Software has resulted from accident,
abuse, misapplication, abnormal use or a virus. Any replacement Software will be
warranted for the remainder of the original warranty period or thirty (30) days,
whichever is longer, and Orcanos will use commercially reasonable efforts to
provide your remedy within a commercially reasonable time of your compliance
with Orcanos's warranty remedy procedures. Outside Israel, neither these
remedies nor any product support services offered by Orcanos are available
without proof of purchase from an authorized international source. To exercise
your remedy, contact:Orcanos Sales Information Center/8 Lincolen Street/Tel
Aviv, Israel 65220.
15. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the
only express warranty made to you and is provided in lieu of any other express
warranties or similar obligations (if any) created by any advertising,
documentation, packaging, or other communications. Except for the Limited
Warranty and to the maximum extent permitted by applicable law, Orcanos and its
suppliers provide the Software and support services (if any) AS IS AND WITH ALL
FAULTS, and hereby disclaim all other warranties and conditions, whether
express, implied or statutory, including, but not limited to, any (if any)
implied warranties, duties or conditions of merchantability, of fitness for a
particular purpose, of reliability or availability, of accuracy or completeness
of responses, of results, of workmanlike effort, of lack of viruses, and of lack
of negligence, all with regard to the Software, and the provision of or failure
to provide support or other services, information, software, and related content
through the Software or otherwise arising out of the use of the Software. ALSO,
THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION,
CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
16. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ORCANOS OR ITS
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION,
FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING
OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY
OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR
INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR
OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE
OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN
CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT
(INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT
OR BREACH OF WARRANTY OF ORCANOS OR ANY SUPPLIER, AND EVEN IF ORCANOS OR ANY
SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you
might incur for any reason whatsoever (including, without limitation, all
damages referenced herein and all direct or general damages in contract or
anything else), the entire liability of Orcanos and any of its suppliers under
any provision of this EULA and your exclusive remedy hereunder (except for any
remedy of repair or replacement elected by Orcanos with respect to any breach of
the Limited Warranty) shall be limited to the greater of the actual damages you
incur in reasonable reliance on the Software up to the amount actually paid by
you for the Software or US$500. The foregoing limitations, exclusions and
disclaimers (including Sections 11, 15 and 16) shall apply to the maximum extent
permitted by applicable law, even if any remedy fails its essential purpose.
18. APPLICABLE LAW, this EULA is governed by the substantive laws of the State
of Israel, and in respect of any dispute which may arise hereunder, you consent
to the jurisdiction the competent court in Tel Aviv.
19. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or
amendment to this EULA which is included with the Software) is the entire
agreement between you and Orcanos relating to the Software and the support
services (if any) and they supersede all prior or contemporaneous oral or
written communications, proposals and representations with respect to the
Software or any other subject matter covered by this EULA. To the extent the
terms of any Orcanos policies or programs for support services conflict with the
terms of this EULA, the terms of this EULA shall control. If any provision of
this EULA is held to be void, invalid, unenforceable or illegal, the other
provisions shall continue in full force and effect.