This User Software License Agreement (the “EULA”) is a contract between the end user (“you”) of the application QueryTalker (“the Software”) and Amos Voron, QueryTalker’s distributor (“we”). We and you together shall be referred to as the “Parties” and individually shall be referred to as a “Party”.
The EULA govern your use of the Software, so please read this EULA carefully. By installing or using the Software, you accept all of the terms and conditions set out in this EULA. If you do not wish to be legally bound by the terms and conditions of this EULA, do not install or use the Software and uninstall it if applicable.
We reserve the right to update the EULA at any time without notice to you.
We may modify, update, or discontinue the Software (including any of their portions or features) at any time without liability to you or anyone else. However, we will make reasonable effort to notify you before we make the change.
THE QUERYTALK PRODUCT, ALL ACCOMPANYING FILES, DATA AND MATERIALS, ARE DISTRIBUTED “AS IS” AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. YOU MUST ASSUME ALL RISK OF USING THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT.
5.1 License. Subject to the provisions of this EULA, we grant to you a non-transferable, non-sub-licensable, and non-exclusive license to use the Software.
5.2 Reservation of rights. Except for the license explicitly granted by Clause 5.1, we reserve all rights. You acknowledge and agree that you are licensed to use the Software only in accordance with the express provisions of this EULA and not further or otherwise.
5.3 No support, etc. Unless otherwise agreed by the Parties in writing, we shall have no obligation to upgrade, update, bug-fix, provide support or maintenance services, or provide assistance or consultancy services in relation to the Software.
5.4 Trial Period. You have the right to test the product, without any charge, during a period of at least one month. More information about the Trial Period can be found in our website.
6.1 Restrictions. Except to the extent permitted by applicable mandatory law, you shall not: (a) copy or reproduce the Software; (b) merge the Software with any other software; (c) translate, adapt, vary, or modify the Software; or (d) disassemble, decompile, or reverse engineer the Software, or otherwise attempt to derive the source code of the Software.
6.2 Further restrictions. You shall not: (a) provide, disclose, demonstrate, or otherwise make available the Software to any third party; or (b) sell, lease, rent, transfer, hire out, license, sub-license, assign, distribute, publish, charge, pledge, encumber, or otherwise deal with the Software, or have any software written or developed that is based on or derived from the Software.
6.3 Obligations. You shall at all times: (a) effect and maintain adequate security measures to safeguard the Software from unauthorized access, use, and disclosure; (b) supervise and control access to and use of the Software in accordance with the provisions of this EULA; (c) provide us from time to time on request with contact details for the person responsible for supervising and controlling such access and use; and (d) ensure that the Software is at all times clearly labelled as the property of us. The provisions of this Clause 6.3 are without prejudice to the provisions of Clause 10.1.
You are responsible for all activity that occurs via your account. Please notify us to firstname.lastname@example.org immediately if you become aware of any unauthorized use of your account. You may not (a) share your account information or (b) use another person’s account.
All the information about pricing is published on www.querytalk.com/pricing.
9.1 Confidentiality obligations. As between the Parties, all Confidential Information belongs to us. At all times during the term of this EULA and at all times subsequently, you shall: (a) maintain all Confidential Information securely and in the strictest confidence and shall respect our rights therein; (b) not disclose or otherwise make available any Confidential Information to any third party; and (c) not use any Confidential Information for any purpose, except for the purpose of using the Software in accordance with the provisions of this EULA.
9.2 Exceptions to obligations. The provisions of Clause 9.1 shall not apply to Confidential Information which you can demonstrate by reasonable, written evidence: (a) is subsequently disclosed to you without any obligations of confidence by a third party who has not derived it directly or indirectly from us; or (b) is or becomes generally available to the public through no act or default of you or its agents, employees, or affiliates.
9.3 Disclosure to employees, etc. you shall procure that all your employees and other personnel who have access to any Confidential Information: (a) shall be made aware of, and subject to the obligations, set out in 9.1; and (b) shall have entered into written undertakings of confidentiality and non-use which are at least as restrictive as Clause 9.1 and Clause 9.2 and which apply to the Confidential Information.
9.4 Return of Confidential Information. Upon any termination of this EULA for any reason, you shall: (a) return to us any documents and other materials that contain any Confidential Information including all copies made, except for one (1) copy as may be necessary to be retained for the purpose of compliance with any continuing obligations under this EULA; and (b) make no further use, copy, or disclosure thereof.