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Licensing and warranty agreement

By downloading, purchasing or continuing to use any software that CQWorx supplies, you are agreeing to all the terms and conditions stated below. Should you not agree to all these terms, you are in terms hereof obliged to immediately cease operating the software, uninstall it from any computers, and erase any copies of said software.

1. LICENSE TO USE. CQWorx grants you a non-exclusive and non-transferable license for the internal use only of the accompanying software, database, data structures and documentation and any error corrections provided by CQWorx (collectively "Software"), by the number of users and the class of computer hardware for which the corresponding fee has been paid.

2. RESTRICTIONS.  Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by CQWorx and/or its licensors. Except as specifically authorized in any Supplemental License Terms, you may not make copies of Software, other than a single copy of Software for archival purposes. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that Software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility. CQWorx disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of CQWorx or its licensors is granted under this Agreement.

3. LIMITED WARRANTY. Software is provided "AS IS", and you hereby acknowledge that you use it at your sole and exclusive risk. CQWorx does NOT guarantee that software you download or purchase from this site will operate trouble free or free of errors under all circumstances. Your exclusive remedy and CQWorx's entire liability under this limited warranty will be at CQWorx's sole discretion to replace Software media or refund the fee paid for Software, which refund shall specifically be limited to the purchase amount of the software, and explicitly excludes any further amounts of any nature that you may have paid to CQWorx, not explicitly related to the purchase amount of the software, including but not limited to data provided, consulting fees or additional development work carried out by CQWorx.

4. DISCLAIMER OF WARRANTY.  UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL CQWORX OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF CQWORX HAS BEEN ADVISED OF THE  POSSIBILITY OF SUCH DAMAGES. In no event will CQWorx's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement, and specifically excluding any fees paid to CQWorx over and above the initial purchase price of the software. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.

6. SUPPORT Any support on any software you may download from this or other web sites, purchase from CQWorx, or otherwise obtain in any way, is provided at the sole discretion of CQWorx. No warranty in terms of support turnaround time, the provision thereof or availability of support is implied by this agreement. Except where an explicit, separate support contract and pre-paid service level agreement (SLA) is entered into between you and CQWorx, all support, should Relogix choose to provide any, shall be of a remote, electronic nature. An email address for support shall be provided, which is monitored and responded to by CQWorx at its sole discretion. No telephonic or on-site support is provided for in terms of this license.

7. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from CQWorx if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of Software.

8. Governing Law. Any action related to this Agreement will be governed by the law of the Republic of South Africa, regardless of the agency or country from which or in which you purchased software originating from CQWorx. No choice of law rules or jurisdiction will apply.

9. Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.

10. Integration. This Agreement is the entire agreement between you and CQWorx relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.

11. Waivers, relaxations and indulgences. No waiver or relaxation afforded to you by CQWorx, shall be deemed to be a modification of the conditions of this agreement, unless explicitly stated in writing, and committed to by duly authorized representatives of both parties. 


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