EULA
CHQ product license agreements
-
Legal Notices:
CHQ products are not sold; rather, copies of CHQ products, including all digitized products, are licensed all the way through the distribution channel to the end user. UNLESS YOU HAVE ANOTHER AGREEMENT DIRECTLY WITH CHQ SOFTAWRE THAT CONTROLS AND ALTERS YOUR USE OR DISTRIBUTION OF CHQ PRODUCTS, THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT BELOW APPLY TO YOU. Please read the agreement. Some software is distributed together as a collection. Please be careful to read the agreement for the software you want to use.
1.1 WARRANTY DISCLAIMER THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU "AS IS" AND WITH ALL FAULTS. CHQ SOFTWARE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, CHQ SOFTWARE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENT.
1.2 BINDING AGREEMENT - : By using, copying or distributing all or any portion of the CHQ Software, you accept all the terms and conditions of this agreement, including, in particular, the provisions on:
Use (Section 3);
Transferability (Section 4);
Connectivity and Privacy (Section 6), including:
Updating
Local Storage
Settings Manager
Peer Assisted Networking Technology
Content Protection Technology and
Use of CHQ Online Services
Warranty Disclaimer (Section 1.1), and;
Liability Limitations (Sections 6 and 12).
Upon acceptance, this agreement is enforceable against you and any entity that obtained the Software and on whose behalf it is used. If you do not agree, do not Use the Software.
1.3 ADDITIONAL TERMS AND AGREEMENTS. CHQ Sofware permits you to Use the Software only in accordance with the terms of this agreement. Use of some third party materials included in the Software may be subject to other terms and conditions typically found in a separate license agreement, a "Read Me" file located near such materials or in the "Third Party Software Notices and/or Additional Terms and Conditions" found at http://www.chqsoftware.net/thirdparty. Such other terms and conditions will supersede all or portions of this agreement in the event of a conflict with the terms and conditions of this agreement.
2. Definitions.
"CHQ" means CHQ Software Incorporated, a British Columbia corporation, 29837 Fraser Hwy, Abbotsford, BC, V0K1X3, Canada.
"Compatible Computer" means a Computer that conforms to the system requirements of the Software as specified in the Documentation.
"Computer" means a virtual machine or physical personal electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
"Personal Computer" or "PC" shall mean a hardware product which is designed and marketed with the primary purpose of operating a wide variety of productivity, entertainment, and other software applications provided by unrelated third party software vendors, which operates depending upon the use of a full function and full feature set computer operating system of the type(s) then in widespread use with hardware to operate general purpose laptop, desktop, server, and large format tablet microprocessor based computers. This definition of Personal Computer shall exclude hardware products that are designed and/or marketed to have as their primary purpose any number of the following: television, television receiver, portable media player, audio/video receiver, radio, audio headphone, audio speaker, personal digital assistant ("PDA"),
telephone or similar telephony based device, game console, personal video recorder ("PVR"), player for digital versatile disc ("DVD") or other optical media, video camera, still camera, camcorder, video editing and format conversion device, video image projection device, and shall further exclude any similar type of consumer, professional or industrial device.
"Software" means (a) all of the contents of the files (delivered electronically or on physical media), or disk(s) or other media with which this agreement is provided, which may include (i) CHQ or third party computer information or software"); (ii) related explanatory written materials or files ("Documentation"); and (iii) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the foregoing, provided to you by CHQ at any time (collectively, "Updates")
. "Use" means to access, install, download, copy, or otherwise benefit from using the functionality of the Software.
3. Software License.
If you obtained the Software from CHQ or one of its authorized licensees, and subject to your compliance with the terms of this agreement, including the restrictions in Section 4, CHQ grants to you a non-exclusive license to Use the Software in the manner and for the purposes described in the Documentation as follows:
3.1 General Use. You may install and Use one copy of the Software on your Compatible Computer. See Section 3 for important restrictions on the Use of the Software.
3.2 Server Use. This agreement does not permit you to install or Use the Software on a computer file server. For information on Use of Software on a computer file server please refer to http://www.chqsoftware.net/volume for information.
3.3 Distribution. This license does not grant you the right to sublicense or distribute the Software. For information about obtaining the right to distribute the Software on tangible media or through an internal network or with your product or service please refer to http://www.chqsoftware.net/volume for information about CHQ Software.
3.4 Backup Copy. You may make one backup copy of the Software, provided your backup copy is not installed or used other than for archival purposes. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under Section 5.
4. Transfer.
You may not rent, lease, sublicense, assign, or transfer your rights in the Software, or authorize all or any portion of the Software to be copied onto another user's Computer except as may be expressly permitted by this agreement. You may, however, transfer all your rights to Use the Software to another person or legal entity provided that: (a) you also transfer (i) this agreement, and (ii) the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates, and prior versions, to such person or entity, (b) you retain no copies, including backups and copies stored on a Computer, and (c) the receiving party accepts the terms and conditions of this agreement and any other terms and conditions upon which you obtained a valid license to the Software.
Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the Software.
5. Intellectual Property Ownership, Reservation of Rights.
The Software and any authorized copies that you make are the intellectual property of CHQ and its suppliers. The structure, organization, and code of the Software are the valuable intellectually property (e.g. trade secrets and confidential information) of CHQ and its suppliers. The Software is protected by law, including without limitation the copyright laws of the Canada, the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by CHQ and its suppliers.
6. Connectivity and Privacy. You acknowledge and agree to the following:
6.1 Use of PDF Files. When you Use the Software to open a PDF file that has been enabled to display external content, your Computer may connect to a website operated by CHQ, a Supplier, or other third party. Your Internet Protocol address ("IP Address") is sent when this happens. The party hosting the site may use technology to send (or "serve") electronic content that appears in or near the opened PDF file. The website operator may also use JavaScript, web beacons (also known as action tags or single-pixel gifs), and other technologies to increase and measure the effectiveness of advertisements and to personalize advertising content. Your communication with CHQ websites is governed by the CHQ Online Privacy Policy found at http://www.chqsoftware.net/privacy.php ("CHQ Online Privacy Policy").
CHQ may not have access to or control over features that a third party may use, and the information practices of third party websites are not covered by the CHQ Online Privacy Policy.
6.2 Updating. If your Computer is connected to the Internet, the Software may, without additional notice, check for Updates that are available for automatic download and installation to your Computer and let CHQ know the Software is successfully installed. Updates may be automatically downloaded but not installed without additional notice unless you change your preferences to accept automatic installation. Only non-personally identifying information is transmitted to CHQ when this happens, except to the extent that IP Addresses may be considered personally identifiable in some jurisdictions. The use of such information, including your IP Address, as provided by the auto update process is governed by the CHQ Online Privacy Policy. Please consult the Documentation for information about changing default update settings, or online at
http://www.chqsoftware.net/settings
6.3 Local Storage. Some products may allow third parties to store certain information on your Computer in a local data file known as a local shared object. The type and amount of information that the third party application requests to be stored in a local shared object can vary by application and such requests are solely controlled by the third party. For more information on how to limit or control the storage of local shared objects on your Computer, please visit http://www.chqsoftware.net/settings.
6.4 Settings Manager. Some products may cause certain user settings to be stored on your Computer as a local shared object. They do not contain personally identifiable information associated with you, and allow you to configure certain settings within the Products including the ability to limit third parties from storing local shared objects.
6.5 Peer Assisted Networking Technology. Some products provide the ability for applications to connect to an CHQ Server or Service and permit direct communication between two CHQ clients or to connect an CHQ client as part of a peer or distributed network that allows a portion of your resources, such as network bandwidth, to be made directly available to other participants. Prior to joining such peer or distributed network, you will be provided with the opportunity to accept such connectivity.
6.6 Content Protection Technology. If you Use the CHQ Software to access content that has been protected with CHQ Media Rights Management process or Access software ("Content Protection"), in order to let you play the protected content, the Software may automatically request media usage rights and individualization rights from a rights server on the Internet, and may download and install required components of the Software, including any available Content Protection Updates. You can find more information on Content Protection at http://www.chqsoftware.net/protected_content.
6.7 Use of CHQ Online Services. If your Computer is connected to the Internet, the Software may, without additional notice and on an intermittent or regular basis, facilitate your access to content and services that are hosted on websites maintained by CHQ or its affiliates ("CHQ Online Services"). Examples of such CHQ Online Services might include, but are not limited to: subs.chqsoftware.net. In some cases an CHQ Online Service might appear as a feature or extension within the Software even though it is hosted on a website. In some cases, access to an CHQ Online Service might require a separate subscription or other fee in order to access it, and/or your assent to additional terms of use. CHQ Online Services might not be available in all languages or to residents of all countries and CHQ may, at any time and for any reason, modify or discontinue the availability of any CHQ Online Service.
CHQ also reserves the right to begin charging a fee for access to or use of an CHQ Online Service that was previously offered at no charge. If your Computer is connected to the Internet, the Software may, without additional notice, update downloadable materials from these CHQ Online Services so as to provide immediate availability of these CHQ Online Services even when you are offline. When the Software connects to the Internet as a function of an CHQ Online Service, your IP Address, user name, and password may be sent to CHQ's servers and stored by CHQ in accordance with the Additional Terms of Use or the "help" menu in the Software. This information may be used by CHQ to send you transactional messages to facilitate the CHQ Online Service.
CHQ may display in-product marketing to provide information about the Software and other CHQ products and Services, including but not limited to CHQ Online Services, based on certain Software specific features including but not limited to, the version of the Software, including without limitation, platform version, version of the Software, and language. Whenever the Software makes an Internet connection and communicates with an CHQ website, whether automatically or due to explicit user request, the CHQ Online Privacy Policy shall apply. Additionally, unless you are provided with separate terms of use at that time, the Chqsoftware.net Terms of Use (http://www.chqsoftware.net/terms.php) shall apply. Please note that the CHQ Privacy Policy allows tracking of website visits and it addresses in detail the topic of tracking and use of cookies, web beacons, and similar devices.
7. Limitation of Liability.
IN NO EVENT WILL CHQ, ITS SUPPLIERS, OR AFFILIATES BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN CHQ REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, OR CLAIMS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. CHQ'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS AND AFFILIATES UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this agreement limits CHQ's liability to you in the event of death or personal injury resulting from CHQ's negligence or for the tort of deceit (fraud). CHQ is acting on behalf of its suppliers and Affiliates for the purpose of disclaiming, excluding, and/or limiting obligations, warranties,
and liability as provided in this agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this agreement, if any, or contact CHQ's Customer Support Department.
8. Export Rules.
You agree that the Software will not be shipped, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Syria, Sudan, and North Korea) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this agreement.
9. Governing Law.
If you are a consumer who uses the Software for only personal non-business purposes, then this agreement will be governed by the laws of the state or province in which you purchased the license to use the Software. If you are not such a consumer, this agreement will be governed by and construed in accordance with the substantive laws in force in the Province of British Columbia.
The respective courts of Vancouver, British Colubia. This agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
10. General Provisions.
If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which shall remain valid and enforceable according to its terms. This agreement shall not prejudice the statutory rights of any party dealing as a consumer. This agreement may only be modified by a writing signed by an authorized officer of CHQ. Updates may be licensed to you by CHQ with additional or different terms. This is the entire agreement between CHQ and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications, or advertising relating to the Software.
11. Notice to U.S. Government End Users.
For U.S. Government End Users, CHQ agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference in this agreement.
12. Compliance with Licenses.
If you are a business or organization, you agree that upon request from CHQ or CHQ's authorized representative, you will, within thirty (30) days, fully document and certify that use of any and all Software at the time of the request is in conformity with your valid licenses from CHQ.
13. European Union Provisions.
Nothing included in this agreement (including Section 4.5) shall limit any non-waivable right to decompile the Software that you may enjoy under mandatory law. For example, if you are located in the European Union (EU), you may have the right upon certain conditions specified in the applicable law to decompile the Software if it is necessary to do so in order to achieve interoperability of the Software with another software program, and you have first asked CHQ in writing to provide the information necessary to achieve such interoperability and CHQ has not made such information available. In addition, such decompilation may only be done by you or someone else entitled to use a copy of the Software on your behalf. CHQ has the right to impose reasonable conditions before providing such information. Any information supplied by CHQ or obtained by you, as permitted hereunder,
may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software or used for any other act which infringes CHQ or its licensors' copyright.
If you have any questions regarding this agreement, or if you wish to request any information from CHQ, please use the address and contact information included with this product or via the web at http://www.chqsoftware.net to contact the CHQ office serving your jurisdiction.
Legal Notices:
CHQ products are not sold; rather, copies of CHQ products, including all digitized products, are licensed all the way through the distribution channel to the end user. UNLESS YOU HAVE ANOTHER AGREEMENT DIRECTLY WITH CHQ SOFTAWRE THAT CONTROLS AND ALTERS YOUR USE OR DISTRIBUTION OF CHQ PRODUCTS, THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT BELOW APPLY TO YOU. Please read the agreement. Some software is distributed together as a collection. Please be careful to read the agreement for the software you want to use.
1.1 WARRANTY DISCLAIMER THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU "AS IS" AND WITH ALL FAULTS. CHQ SOFTWARE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, CHQ SOFTWARE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENT.
1.2 BINDING AGREEMENT - : By using, copying or distributing all or any portion of the CHQ Software, you accept all the terms and conditions of this agreement, including, in particular, the provisions on:
Use (Section 3);
Transferability (Section 4);
Connectivity and Privacy (Section 6), including:
Updating
Local Storage
Settings Manager
Peer Assisted Networking Technology
Content Protection Technology and
Use of CHQ Online Services
Warranty Disclaimer (Section 1.1), and;
Liability Limitations (Sections 6 and 12).
Upon acceptance, this agreement is enforceable against you and any entity that obtained the Software and on whose behalf it is used. If you do not agree, do not Use the Software.
1.3 ADDITIONAL TERMS AND AGREEMENTS. CHQ Sofware permits you to Use the Software only in accordance with the terms of this agreement. Use of some third party materials included in the Software may be subject to other terms and conditions typically found in a separate license agreement, a "Read Me" file located near such materials or in the "Third Party Software Notices and/or Additional Terms and Conditions" found at http://www.chqsoftware.net/thirdparty. Such other terms and conditions will supersede all or portions of this agreement in the event of a conflict with the terms and conditions of this agreement.
2. Definitions.
"CHQ" means CHQ Software Incorporated, a British Columbia corporation, 29837 Fraser Hwy, Abbotsford, BC, V0K1X3, Canada.
"Compatible Computer" means a Computer that conforms to the system requirements of the Software as specified in the Documentation.
"Computer" means a virtual machine or physical personal electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
"Personal Computer" or "PC" shall mean a hardware product which is designed and marketed with the primary purpose of operating a wide variety of productivity, entertainment, and other software applications provided by unrelated third party software vendors, which operates depending upon the use of a full function and full feature set computer operating system of the type(s) then in widespread use with hardware to operate general purpose laptop, desktop, server, and large format tablet microprocessor based computers. This definition of Personal Computer shall exclude hardware products that are designed and/or marketed to have as their primary purpose any number of the following: television, television receiver, portable media player, audio/video receiver, radio, audio headphone, audio speaker, personal digital assistant ("PDA"),
telephone or similar telephony based device, game console, personal video recorder ("PVR"), player for digital versatile disc ("DVD") or other optical media, video camera, still camera, camcorder, video editing and format conversion device, video image projection device, and shall further exclude any similar type of consumer, professional or industrial device.
"Software" means (a) all of the contents of the files (delivered electronically or on physical media), or disk(s) or other media with which this agreement is provided, which may include (i) CHQ or third party computer information or software"); (ii) related explanatory written materials or files ("Documentation"); and (iii) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the foregoing, provided to you by CHQ at any time (collectively, "Updates")
. "Use" means to access, install, download, copy, or otherwise benefit from using the functionality of the Software.
3. Software License.
If you obtained the Software from CHQ or one of its authorized licensees, and subject to your compliance with the terms of this agreement, including the restrictions in Section 4, CHQ grants to you a non-exclusive license to Use the Software in the manner and for the purposes described in the Documentation as follows:
3.1 General Use. You may install and Use one copy of the Software on your Compatible Computer. See Section 3 for important restrictions on the Use of the Software.
3.2 Server Use. This agreement does not permit you to install or Use the Software on a computer file server. For information on Use of Software on a computer file server please refer to http://www.chqsoftware.net/volume for information.
3.3 Distribution. This license does not grant you the right to sublicense or distribute the Software. For information about obtaining the right to distribute the Software on tangible media or through an internal network or with your product or service please refer to http://www.chqsoftware.net/volume for information about CHQ Software.
3.4 Backup Copy. You may make one backup copy of the Software, provided your backup copy is not installed or used other than for archival purposes. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under Section 5.
4. Transfer.
You may not rent, lease, sublicense, assign, or transfer your rights in the Software, or authorize all or any portion of the Software to be copied onto another user's Computer except as may be expressly permitted by this agreement. You may, however, transfer all your rights to Use the Software to another person or legal entity provided that: (a) you also transfer (i) this agreement, and (ii) the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates, and prior versions, to such person or entity, (b) you retain no copies, including backups and copies stored on a Computer, and (c) the receiving party accepts the terms and conditions of this agreement and any other terms and conditions upon which you obtained a valid license to the Software.
Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the Software.
5. Intellectual Property Ownership, Reservation of Rights.
The Software and any authorized copies that you make are the intellectual property of CHQ and its suppliers. The structure, organization, and code of the Software are the valuable intellectually property (e.g. trade secrets and confidential information) of CHQ and its suppliers. The Software is protected by law, including without limitation the copyright laws of the Canada, the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by CHQ and its suppliers.
6. Connectivity and Privacy. You acknowledge and agree to the following:
6.1 Use of PDF Files. When you Use the Software to open a PDF file that has been enabled to display external content, your Computer may connect to a website operated by CHQ, a Supplier, or other third party. Your Internet Protocol address ("IP Address") is sent when this happens. The party hosting the site may use technology to send (or "serve") electronic content that appears in or near the opened PDF file. The website operator may also use JavaScript, web beacons (also known as action tags or single-pixel gifs), and other technologies to increase and measure the effectiveness of advertisements and to personalize advertising content. Your communication with CHQ websites is governed by the CHQ Online Privacy Policy found at http://www.chqsoftware.net/privacy.php ("CHQ Online Privacy Policy").
CHQ may not have access to or control over features that a third party may use, and the information practices of third party websites are not covered by the CHQ Online Privacy Policy.
6.2 Updating. If your Computer is connected to the Internet, the Software may, without additional notice, check for Updates that are available for automatic download and installation to your Computer and let CHQ know the Software is successfully installed. Updates may be automatically downloaded but not installed without additional notice unless you change your preferences to accept automatic installation. Only non-personally identifying information is transmitted to CHQ when this happens, except to the extent that IP Addresses may be considered personally identifiable in some jurisdictions. The use of such information, including your IP Address, as provided by the auto update process is governed by the CHQ Online Privacy Policy. Please consult the Documentation for information about changing default update settings, or online at
http://www.chqsoftware.net/settings
6.3 Local Storage. Some products may allow third parties to store certain information on your Computer in a local data file known as a local shared object. The type and amount of information that the third party application requests to be stored in a local shared object can vary by application and such requests are solely controlled by the third party. For more information on how to limit or control the storage of local shared objects on your Computer, please visit http://www.chqsoftware.net/settings.
6.4 Settings Manager. Some products may cause certain user settings to be stored on your Computer as a local shared object. They do not contain personally identifiable information associated with you, and allow you to configure certain settings within the Products including the ability to limit third parties from storing local shared objects.
6.5 Peer Assisted Networking Technology. Some products provide the ability for applications to connect to an CHQ Server or Service and permit direct communication between two CHQ clients or to connect an CHQ client as part of a peer or distributed network that allows a portion of your resources, such as network bandwidth, to be made directly available to other participants. Prior to joining such peer or distributed network, you will be provided with the opportunity to accept such connectivity.
6.6 Content Protection Technology. If you Use the CHQ Software to access content that has been protected with CHQ Media Rights Management process or Access software ("Content Protection"), in order to let you play the protected content, the Software may automatically request media usage rights and individualization rights from a rights server on the Internet, and may download and install required components of the Software, including any available Content Protection Updates. You can find more information on Content Protection at http://www.chqsoftware.net/protected_content.
6.7 Use of CHQ Online Services. If your Computer is connected to the Internet, the Software may, without additional notice and on an intermittent or regular basis, facilitate your access to content and services that are hosted on websites maintained by CHQ or its affiliates ("CHQ Online Services"). Examples of such CHQ Online Services might include, but are not limited to: subs.chqsoftware.net. In some cases an CHQ Online Service might appear as a feature or extension within the Software even though it is hosted on a website. In some cases, access to an CHQ Online Service might require a separate subscription or other fee in order to access it, and/or your assent to additional terms of use. CHQ Online Services might not be available in all languages or to residents of all countries and CHQ may, at any time and for any reason, modify or discontinue the availability of any CHQ Online Service.
CHQ also reserves the right to begin charging a fee for access to or use of an CHQ Online Service that was previously offered at no charge. If your Computer is connected to the Internet, the Software may, without additional notice, update downloadable materials from these CHQ Online Services so as to provide immediate availability of these CHQ Online Services even when you are offline. When the Software connects to the Internet as a function of an CHQ Online Service, your IP Address, user name, and password may be sent to CHQ's servers and stored by CHQ in accordance with the Additional Terms of Use or the "help" menu in the Software. This information may be used by CHQ to send you transactional messages to facilitate the CHQ Online Service.
CHQ may display in-product marketing to provide information about the Software and other CHQ products and Services, including but not limited to CHQ Online Services, based on certain Software specific features including but not limited to, the version of the Software, including without limitation, platform version, version of the Software, and language. Whenever the Software makes an Internet connection and communicates with an CHQ website, whether automatically or due to explicit user request, the CHQ Online Privacy Policy shall apply. Additionally, unless you are provided with separate terms of use at that time, the Chqsoftware.net Terms of Use (http://www.chqsoftware.net/terms.php) shall apply. Please note that the CHQ Privacy Policy allows tracking of website visits and it addresses in detail the topic of tracking and use of cookies, web beacons, and similar devices.
7. Limitation of Liability.
IN NO EVENT WILL CHQ, ITS SUPPLIERS, OR AFFILIATES BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN CHQ REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, OR CLAIMS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. CHQ'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS AND AFFILIATES UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this agreement limits CHQ's liability to you in the event of death or personal injury resulting from CHQ's negligence or for the tort of deceit (fraud). CHQ is acting on behalf of its suppliers and Affiliates for the purpose of disclaiming, excluding, and/or limiting obligations, warranties,
and liability as provided in this agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this agreement, if any, or contact CHQ's Customer Support Department.
8. Export Rules.
You agree that the Software will not be shipped, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Syria, Sudan, and North Korea) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this agreement.
9. Governing Law.
If you are a consumer who uses the Software for only personal non-business purposes, then this agreement will be governed by the laws of the state or province in which you purchased the license to use the Software. If you are not such a consumer, this agreement will be governed by and construed in accordance with the substantive laws in force in the Province of British Columbia.
The respective courts of Vancouver, British Colubia. This agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
10. General Provisions.
If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which shall remain valid and enforceable according to its terms. This agreement shall not prejudice the statutory rights of any party dealing as a consumer. This agreement may only be modified by a writing signed by an authorized officer of CHQ. Updates may be licensed to you by CHQ with additional or different terms. This is the entire agreement between CHQ and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications, or advertising relating to the Software.
11. Notice to U.S. Government End Users.
For U.S. Government End Users, CHQ agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference in this agreement.
12. Compliance with Licenses.
If you are a business or organization, you agree that upon request from CHQ or CHQ's authorized representative, you will, within thirty (30) days, fully document and certify that use of any and all Software at the time of the request is in conformity with your valid licenses from CHQ.
13. European Union Provisions.
Nothing included in this agreement (including Section 4.5) shall limit any non-waivable right to decompile the Software that you may enjoy under mandatory law. For example, if you are located in the European Union (EU), you may have the right upon certain conditions specified in the applicable law to decompile the Software if it is necessary to do so in order to achieve interoperability of the Software with another software program, and you have first asked CHQ in writing to provide the information necessary to achieve such interoperability and CHQ has not made such information available. In addition, such decompilation may only be done by you or someone else entitled to use a copy of the Software on your behalf. CHQ has the right to impose reasonable conditions before providing such information. Any information supplied by CHQ or obtained by you, as permitted hereunder,
may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software or used for any other act which infringes CHQ or its licensors' copyright.
If you have any questions regarding this agreement, or if you wish to request any information from CHQ, please use the address and contact information included with this product or via the web at http://www.chqsoftware.net to contact the CHQ office serving your jurisdiction.
