End User License Agreement

Question Writer HTML5, Question Writer HTML5 Evaluation

ATTENTION: YOU MAY NEED TO SCROLL DOWN TO THE END OF THIS EULA BEFORE YOU CAN AGREE TO THE EULA AND CONTINUE WITH THE SOFTWARE INSTALLATION.

IMPORTANT-READ CAREFULLY: This End User Licence Agreement (“EULA”) is a legal agreement between YOU as LICENSEE and QUESTION WRITER CORPORATION for the SOFTWARE identified above. By installing, copying, or otherwise using the SOFTWARE, YOU agree to be bound by the terms of this EULA. If YOU do not agree to the terms of this EULA, promptly return the unused SOFTWARE to the place of purchase for a full refund.

DEFINITIONS
In this End User Licence Agreement, unless the contrary intention appears,
“EULA” means this End User Licence Agreement

“QUESTION WRITER CORPORATION” means Question Writer Corporation with registered offices at , Suites 204 + 205, Victoria House, P.O. Box 1356, Victoria, Mahe, Seychelles.

“LICENSEE” means YOU, or the organisation (if any) on whose behalf YOU are taking the EULA.

“SOFTWARE” means Question Writer software, which includes computer software and associated media, printed materials, online documentation and RUNTIME RESOURCES.

“OUTPUT FILES” means output files generated by you using the SOFTWARE.

“RUNTIME RESOURCES” means the QUESTION WRITER CORPORATION program code and the QUESTION WRITER CORPORATION media present in the OUTPUT FILES.

“WEBSITE” means the website operated by QUESTION WRITER CORPORATION and with the address http://www.questionwriter.com
“QUESTION WRITER” means the version of the SOFTWARE labelled ‘Question Writer’ which is supplied by QUESTION WRITER CORPORATION and is available for purchase from the WEBSITE.

“QUESTION WRITER EVALUATION” means the edition of the SOFTWARE labelled ‘Evaluation’ which is supplied by QUESTION WRITER CORPORATION and that is available for download from the WEBSITE.

1. The SOFTWARE is licensed for use, not sold. There is therefore no transfer of any rights of ownership.

2. GRANT OF LICENSE.

(a) QUESTION WRITER. After you have purchased the license for this SOFTWARE you are licensed to copy the SOFTWARE only into the memory of the number of computers corresponding to the number of licenses purchased. The primary user of the computer on which each licensed copy of the SOFTWARE is installed may make a second copy for his or her exclusive use on a portable computer. Under no other circumstances may the SOFTWARE be operated at the same time on more than the number of computers for which you have paid a separate license fee. You may not duplicate the SOFTWARE in whole or in part, except that you may make one copy of the SOFTWARE for backup or archival purposes. You may terminate this license at any time by destroying the original and all copies of the SOFTWARE in whatever form. Except in instances where your license is marked ‘Not For Resale’, you may permanently transfer all of your rights under this EULA provided you transfer all copies of the SOFTWARE (including copies of all prior versions if the SOFTWARE is an upgrade) and retain none, and the recipient agrees to the terms of this EULA. In addition, you may make copies of the OUTPUT FILES, and distribute those copies; provided, however, that you shall require each party to whom the OUTPUT FILES are distributed to agree that no title to, or ownership rights in, the RUNTIME RESOURCES are transferred and that the RUNTIME RESOURCES shall not be reverse compiled or disassembled.

(b) QUESTION WRITER EVALUATION. You may use the demonstration SOFTWARE from the day that you install the SOFTWARE without charge on an evaluation basis until the date of expiry of the SOFTWARE published within the SOFTWARE and with the SOFTWARE at the time of receipt, or for an indefinite period subject to any evaluation restrictions in the performance of the SOFTWARE. If you continue to use the SOFTWARE after any date of expiry of the SOFTWARE without paying the license fee you will be using the SOFTWARE on an unlicensed basis.

3. RESTRICTIONS. You may not reverse engineer, de-compile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the SOFTWARE. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA. You may not use the SOFTWARE to perform any unauthorized transfer of information (e.g. transfer of files in violation of a copyright) or for any illegal purpose.

4. SUPPORT SERVICES. QUESTION WRITER CORPORATION may provide you with support services related to the SOFTWARE. Use of Support Services is governed by the QUESTION WRITER CORPORATION polices and programs described in online documentation, and/or other QUESTION WRITER CORPORATION-provided materials, as they may be modified from time to time. Any supplemental SOFTWARE code provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA. With respect to technical information you provide to QUESTION WRITER CORPORATION as part of the Support Services, QUESTION WRITER CORPORATION may use such information for its business purposes, including for product support and development. QUESTION WRITER CORPORATION will not utilize such technical information in a form that personally identifies you.

5. TERMINATION. Without prejudice to any other rights, QUESTION WRITER CORPORATION 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.

6. COPYRIGHT. The SOFTWARE is protected by International copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of QUESTION WRITER CORPORATION and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE. You agree not to remove, alter, subvert or destroy any proprietary, trademark, copyright or logo markings or notices placed upon or contained within the SOFTWARE or OUTPUT FILES or any related materials.

7. EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE to any country, person, entity, or end user subject to international export restrictions.

8. NO WARRANTIES. QUESTION WRITER CORPORATION expressly disclaims any warranty for the SOFTWARE including any programming errors which have not been corrected after testing. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. NO WARRANTY FOR UPGRADES, PATCHES, FIXES, NEW OR REVISED VERSIONS IS OFFERED, although QUESTION WRITER CORPORATION may offer FREE OF CHARGE upgrades or revised versions of the SOFTWARE from time to time entirely at the discretion of QUESTION WRITER CORPORATION.

9. LIMITATION OF LIABILITY. IN NO EVENT SHALL QUESTION WRITER CORPORATION OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, USE OR MISUSE OF THE SOFTWARE, EVEN IF QUESTION WRITER CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, QUESTION WRITER CORPORATION’S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF GBP1.00 OR THE LICENSE FEE PAID BY YOU. In addition this SOFTWARE must be thoroughly tested by the user with non-critical data before relying on it, and the user should be fully conversant with the program or SOFTWARE and the result of using it. In particular a BACKUP of all critical, important or or in any way valuable data should be made BEFORE and retained separately AFTER using any program or SOFTWARE which may in any way interfere with, damage, delete or in any other way change or modify the data. The user must assume the entire risk of using the program or SOFTWARE.

10. THIRD PARTY SOFTWARE. The SOFTWARE may contain third party software which requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located at http://www.questionwriter.com/product-thirdparty.html and are made a part of and incorporated by reference into this EULA.

11. NATIONAL GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by a Government may be subject to restrictions as set forth by that Government. Manufacturer is QUESTION WRITER CORPORATION, Suites 204 + 205, Victoria House, P.O. Box 1356, Victoria, Mahe, Seychelles.

12. APPLICABLE LAW. This EULA will be governed by the laws of the Seychelles. The parties to this EULA irrevocably agree for the exclusive benefit of QUESTION WRITER CORPORATION that the courts of the Seychelles, shall have exclusive jurisdiction over any claim or matter arising under or in connection with this EULA and that accordingly any proceedings brought by you in respect of any such claim or matter may be brought in such courts. Nothing in this Clause shall limit the right of QUESTION WRITER CORPORATION to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdiction preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.