END-USER LICENCE AGREEMENT FOR QUEST AND/OR QUEST PRO (for the purposes of this
licence document henceforth known as 'the Software')
"Quest" means the freely downloadable Quest package including Quest, QDK Lite
and QuestNet Server Lite.
"Quest Pro" means the Quest Pro package including Quest Pro, QCompile, QDK Pro
and QuestNet Server Home.
QUEST ONLY
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The included QuestNet Server Lite software is for non-commercial use only.
Commercial use requires purchasing a licence. Please see the Axe Software
website at http://www.axeuk.com/quest/questnetorder.htm for details.
QUEST AND QUEST PRO
-------------------
Axe Software grants you a non-exclusive, non-transferable license to use the
program with which this license is distributed ('the Software'), including any
documentation files accompanying the Software ('Documentation') on a single
server (if the Software is server based) or personal computer to support up to
the number of simultaneous users for which you have paid the license fee, and to
make one backup copy of the Software, provided that:
(i) the Software is installed on only one server or personal computer;
(ii) the Software is NOT modified;
(iii) all copyright notices are maintained on the Software; and
(iv) you agree to be bound by the terms of this License Agreement.
You have no ownership rights in the Software. Rather, you have a license to use
the Software as long as this License Agreement remains in full force and effect.
Ownership of the Software, Documentation and all intellectual property rights
therein shall remain at all times with Axe Software. Any other use of the
Software by any person, business, corporation, government organization or any
other entity is strictly forbidden and is a violation of this License Agreement.
You may only use the Software on a single computer that you own, lease or
control. You may make one backup copy of the Software for your own use to
replace the primary copy in the event of hard-drive failure or other
unavailability of the primary copy. The backup copy shall retain all copyright
notices.
You are only granted a license for the machine-readable, object code portion of
the Software. You will not modify, enhance, reverse engineer or otherwise alter
the Software from its current state.
You may not use the Software for multiple users or on a local area network
without written consent from Axe Software.
You may not publish, display, disclose, rent, lease, modify, loan, distribute,
or create derivative works based on the Software or any part thereof. You may
not reverse engineer, decompile, translate, adapt, or disassemble the Software,
nor shall you attempt to create the source code from the object code for the
Software. You may transfer the Software to other computers you own as long as
you only use it on one computer at a time.
You will not have any proprietary rights in and to the Software. You
acknowledge and agree that Axe Software retains all copyrights and other
proprietary rights in and to the Software.
This licence shall automatically terminate upon your violation of the terms
hereof or upon your use of the Software beyond the scope of the licence provided
herein.
Use beyond the scope of this licence shall constitute copyright infringement.
This license shall be effective and bind you upon your downloading of the
Software.
THIS PARAGRAPH APPLIES TO QUEST PRO ONLY: AXE SOFTWARE WARRANTS FOR A PERIOD OF
THIRTY (30) DAYS AFTER PURCHASE THAT THE SOFTWARE WILL OPERATE SUBSTANTIALLY IN
ACCORDANCE WITH THE DOCUMENTATION. SHOULD THE SOFTWARE NOT SO OPERATE, YOUR
EXCLUSIVE REMEDY, AND AXE SOFTWARE'S SOLE OBLIGATION UNDER THIS WARRANTY, SHALL
BE, AT AXE SOFTWARE'S SOLE DISCRETION, CORRECTION OF THE DEFECT OR REFUND OF THE
PURCHASE PRICE PAID FOR THE SOFTWARE. ANY USE BY YOU OF THE SOFTWARE IS AT YOUR
OWN RISK. THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY AXE SOFTWARE
REGARDING THE SOFTWARE.
EXCEPT FOR THE LIMITED WARRANTY ABOVE (IF APPLICABLE), THE SOFTWARE IS PROVIDED
'AS IS'. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AXE SOFTWARE DISCLAIMS ALL
OTHER WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. AXE SOFTWARE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE
WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR
ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE
WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR
EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
IN NO EVENT WILL AXE SOFTWARE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT,
SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE
OF OR INABILITY TO USE THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF
AXE SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AXE SOFTWARE'S
AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR
OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION OR OTHERWISE SHALL NOT
EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE AND
DOCUMENTATION. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
This License Agreement is effective until it is terminated. You may terminate
this License Agreement at any time by destroying or returning to Axe Software
all copies of the Software and Documentation in your possession or under your
control. Axe Software may terminate this License Agreement if Axe Software finds
that you have violated any of the terms of this License Agreement. Upon
notification of termination, you agree to destroy or return to Axe Software all
copies of the Software and Documentation and to certify in writing that all
known copies, including backup copies, have been destroyed.
This Licence Agreement shall be construed, interpreted and governed by the laws
of the United Kingdom without regard to conflicts of law provisions thereof. The
exclusive forum for any disputes arising out of or relating to this Licence
Agreement shall be an appropriate national/federal or state court sitting in the
County of Buckinghamshire, United Kingdom. This Licence Agreement shall
constitute the entire Agreement between the parties hereto. Any waiver or
modification of this Licence Agreement shall only be effective if it is in
writing and signed by both parties hereto. If any part of this Licence Agreement
is found invalid or unenforceable by a court of competent jurisdiction, the
remainder of this Licence Agreement shall be interpreted so as to reasonably
effect the intention of the parties.
Axe Software's failure to enforce any rights hereunder or its copyright in the
Software shall not be construed as amending this agreement or waiving any of Axe
Software's rights hereunder or under any provision of United Kingdom law.
© Copyright Axe Software 2007
Quest's .ZIP functionality is provided by Info-Zip. Their licence is below:
This is version 2003-May-08 of the Info-ZIP copyright and license.
The definitive version of this document should be available at
ftp://ftp.info-zip.org/pub/infozip/license.html indefinitely.
Copyright (c) 1990-2003 Info-ZIP. All rights reserved.
For the purposes of this copyright and license, "Info-ZIP" is defined as
the following set of individuals:
Mark Adler, John Bush, Karl Davis, Harald Denker, Jean-Michel Dubois,
Jean-loup Gailly, Hunter Goatley, Ian Gorman, Chris Herborth, Dirk Haase,
Greg Hartwig, Robert Heath, Jonathan Hudson, Paul Kienitz, David Kirschbaum,
Johnny Lee, Onno van der Linden, Igor Mandrichenko, Steve P. Miller,
Sergio Monesi, Keith Owens, George Petrov, Greg Roelofs, Kai Uwe Rommel,
Steve Salisbury, Dave Smith, Christian Spieler, Antoine Verheijen,
Paul von Behren, Rich Wales, Mike White
This software is provided "as is," without warranty of any kind, express
or implied. In no event shall Info-ZIP or its contributors be held liable
for any direct, indirect, incidental, special or consequential damages
arising out of the use of or inability to use this software.
Permission is granted to anyone to use this software for any purpose,
including commercial applications, and to alter it and redistribute it
freely, subject to the following restrictions:
1. Redistributions of source code must retain the above copyright notice,
definition, disclaimer, and this list of conditions.
2. Redistributions in binary form (compiled executables) must reproduce
the above copyright notice, definition, disclaimer, and this list of
conditions in documentation and/or other materials provided with the
distribution. The sole exception to this condition is redistribution
of a standard UnZipSFX binary (including SFXWiz) as part of a
self-extracting archive; that is permitted without inclusion of this
license, as long as the normal SFX banner has not been removed from
the binary or disabled.
3. Altered versions--including, but not limited to, ports to new operating
systems, existing ports with new graphical interfaces, and dynamic,
shared, or static library versions--must be plainly marked as such
and must not be misrepresented as being the original source. Such
altered versions also must not be misrepresented as being Info-ZIP
releases--including, but not limited to, labeling of the altered
versions with the names "Info-ZIP" (or any variation thereof, including,
but not limited to, different capitalizations), "Pocket UnZip," "WiZ"
or "MacZip" without the explicit permission of Info-ZIP. Such altered
versions are further prohibited from misrepresentative use of the
Zip-Bugs or Info-ZIP e-mail addresses or of the Info-ZIP URL(s).
4. Info-ZIP retains the right to use the names "Info-ZIP," "Zip," "UnZip,"
"UnZipSFX," "WiZ," "Pocket UnZip," "Pocket Zip," and "MacZip" for its
own source and binary releases.