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Terms of use

1. INTRODUCTION

Welcome to the Qualitiqua Web site. Please review the following terms and conditions concerning your use of this site. By using this site, including downloading materials, you agree to these terms and conditions. Qualitiqua reserves the right to change these terms and conditions from time to time at its sole discretion. These terms and conditions apply to all visits to the Qualitiqua Web site, both now and in the future.

 

2. COPYRIGHT

© 2005 David Tozer and Associates. All rights reserved. The materials and information at this Site are copyrighted and any unauthorized use of any materials or information at this Site may violate copyright, trademark and other laws and may not be used except as provided in these Terms and Conditions without the express written permission of Qualitiqua. Visitors or users are not permitted to modify, distribute, publish, transmit or create derivative works of any material found on this site for any public or commercial purposes.

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3. USE OF WEBSITE

Qualitiqua hereby authorizes you to view, copy and print materials published on this Web site provided that they: (a) are used solely for personal, non-commercial purposes; (b) are not modified or altered in any way; and (c) retain all copyright and other proprietary notices in the same form as the original.

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4. USE OF SOFTWARE

Any software that is made available to download from Qualitiqua’s site (“Software”) is the copyrighted work of Qualitiqua or its suppliers. Any use of the Software is subject to the terms of the end-user’s license agreement (SEE BELOW).

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5. TRADEMARKS

Qualitiqua, TRACXS and all Qualitiqua products or service names, slogans or logos referenced in this Web site are trademarks of David Tozar and Associates. All other company, product or service names referenced in this Web site are used for identification purposes only and may be trademarks of their respective owners.
No use of any Qualitiqua trademark or third party trademark used herein is permitted without the prior written consent of Qualitiqua or the third party owner of such mark.

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6. DISCLAIMER

Although Qualitiqua has attempted to provide accurate information on the Web site, information on this Web site may contain technical inaccuracies or typographical errors. The contents of any documents on the Web site are believed to be current and accurate as of its publication date. Qualitiqua assumes no responsibility for the accuracy of the information. Qualitiqua may change the programs or products mentioned at any time without notice. For the most current and complete documents, please contact Qualitiqua directly. Mention of non-Qualitiqua products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.


ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. Qualitiqua AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Qualitiqua AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY Qualitiqua PRODUCT, DAMAGES RESULTING FROM USE OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF Qualitiqua OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Qualitiqua assumes no responsibility and shall not be liable for any delayed, lost or misdirected communications through its Web site.

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7. LINKS TO THIRD PARTY SITES

This Web site may contain links to Web sites controlled by third parties. Qualitiqua provides these links merely as a convenience. Access to other web sites is at your own risk and Qualitiqua is not responsible for and does not endorse or accept any responsibility over the contents or use of these web sites.

Qualitiqua RESERVES THE RIGHT TO CHANGE PRICES LISTED INCLUDING THOSE FOR DOWNLOAD WITHOUT NOTICE. ALL PRODUCTS ARE SUBJECT TO AVAILABILITY AND QUALITIQUA RESERVES THE RIGHT TO REFUSE TO SUPPLY TO ANY INDIVIDUAL OR COMPANY.

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8. SOFTWARE LICENCE

You may not sublicense, assign or transfer any licenses granted by Qualitiqua, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Qualitiqua.

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9. PRIVACY POLICY

What Type of Information Do We Collect?

If you download a trial version of the TRACXS software or buy it, or use other services available through our site such as the feedback form, we may ask you to provide some information about your business.

How Do We Use The Information We Collect?

The information we collect about your business in the course of our relationship is used to facilitate your orders or other activities between us, and to provide you with both general and tailored information about our products, services or other useful information from us. If you order products or services from us, we may maintain an order history for your account. We also may combine information you have provided to us in communications offline with the information you have given us online (or vice versa), to provide a more customized experience for you when you deal with us.

By visiting our web site and providing us with data, you acknowledge and agree that due to the international dimension of our company we may use the data collected in the course of our relationship for the purposes identified in this policy, for the purposes identified in our other communications with you. As our services evolve, the types of information we collect may change. Please check this policy frequently for the most current explanation of our data practices.

With Whom Do We Share Information?

We do not sell your email address or other identifying information to third parties.
We may disclose information about you to others if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property or safety of Qualitiqua.

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10. GOVERNING LAW AND JURISDICTION

THIS SITE IS PROPERTY OF QUALITIQUA AND WAS CREATED AND IS CONTROLLED IN CANADA. AS SUCH, THE LAWS OF CANADA AND PROVINCIAL LAWS OF QUEBEC WILL GOVERN THESE DISCLAIMERS, TERMS AND CONDITIONS, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS: WE RESERVE THE RIGHT TO MAKE CHANGES TO OUR SITE AND THESE DISCLAIMERS, TERMS AND CONDITIONS AT ANY TIME.

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11. UPGRADE POLICY

Minor upgrades are available free of charge to registered owners of any version that has the same major revision number. For example, if you were to purchase version 1.0, then any subsequent revision beginning with '1.' (such as 1.2) would be available for free.

Users who have elected to receive e-mail relating directly to TRACXS such as upgrades will be informed of any new releases, minor or major. Registered users will be given preferential upgrade prices for any major new releases of TRACXS.

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12. REFUND POLICY

The TRACXS demo is available for a 30-day evaluation.
Customers are encouraged to fully evaluate the software prior to purchasing a software license.
Evaluation software downloaded from the Qualitiqua web site is fully functional, and includes complete online documentation.

After purchase, Qualitiqua products are covered by a 30-day money-back guarantee only in case of product malfunction. In other instances, no refunds shall be issued once the product's seal has been broken, or the program has been fully downloaded. Please note however that refunds will be processed only if there are records of conversations with our Technical Support department prior to requesting a refund.

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13. PURCHASING INFO

All prices on this website are in Canadian dollars. Prices do not include 7% G.S.T (Federal Sales Tax) and do not include 7.5% Provincial Sales Tax.

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TRACXS END USER LICENCE AGREEMENT

Warning: Use of the TRACXS Software ("TRACXS") is conditional upon you agreeing to the terms set out below.

Do not use TRACXS until you have read and accepted all the terms of this End User Licence Agreement.

IMPORTANT-READ CAREFULLY.

This End User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and Qualitiqua for the use of the TRACXS (Application). The Application includes computer software, the associated media, any printed materials, and any "online" or electronic documentation. This Agreement is valid and grants the end-user license rights only if the Application is genuine. You agree to be bound by the terms of this Agreement by installing, copying, downloading, accessing or otherwise using the software agreement. If you do not agree, Qualitiqua is unwilling to license the Application to you. In such event, you may not use or copy the Application, and you should promptly contact Qualitiqua for instructions on return of the unused product(s) in accordance with Qualitiqua's return policies.

DEFINITIONS

"Application" means a computer program, set of programs, and files along with media and documentation designed for commercial distribution to End Users. The Application includes a Database Engine.

"Computer" means a specified hardware platform running a single copy of the operating system software in a supported Operating Environment.

"Concurrent Users" is the maximum number of seats licenced to an End User.

"Database Engine" is a computer program that comes with the Application that allows data to be:
i) Stored in a structured manner,
ii) Retrieved by the Application or a Report Generator,
iii) Be backed up and maintained,
iv) Recovered in the event of a failure.

"End User" is a third party who is licenced to use the software internally.

"Maintenance Release" is any version of the Application or Database Engine that has fixes to identified errors.

"Major Release" is a version of the Application and Database Engine that has enhanced capabilities, compared to the current version, and patches to fix identified errors.

"Seat" is a specific identifiable unique computer that is connected to the Database through the Application or a Report Generator.

APPLICATION LICENSE

The Application is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Application is licensed, not sold.

1. GRANT OF LICENSE. This Agreement grants End User the following rights:

• Installation and Use. End User may only install, use, access, display and run one (1) copy of the Application on the Computer.

• Network Use.

Stand alone version. The Application may not be installed, accessed, displayed, run, shared or used concurrently on or from different computers, including a workstation, terminal or other digital electronic device.

Network version: The database included with the Application can be installed in a network environment. The number of clients accessing the database is restricted to the number in the sales agreement. For each Computer accessing the database a licenced copy of the client software shall be installed.

• Back-up Copy. End User may make a single back-up copy of the Application. End User may use the back-up copy solely for archival purposes. End User may make copies of the database data file(s), files ending with the suffix .db and .log) using the supplied back-up program. Except as expressly provided in this Agreement, End User may not otherwise make copies of the Application, including the printed materials accompanying the SOFTWARE. Local law may provide End User additional back-up rights.

• Reservation of Rights. QUALITIQUA reserves all rights not expressly granted to End User in this Agreement.

• QUALITIQUA retains ownership of intellectual property rights (including and without limitations: patent, copy rights, trade secrets and trademarks) in and relating to the Application and all enhancements, modifications, and Updates thereof. Except for licences specifically granted in this Agreement, no other express or implied licences are granted by Qualitiqua with respect to the Application.

• iAnywhere Solutions retains ownership of intellectual property rights (including and without limitations: patent, copy rights, trade secrets and trademarks) in and relating to the Database Engine and all enhancements, modifications, and Updates thereof. Except for licences specifically granted in this Agreement, no other express or implied licences are granted by Qualitiqua with respect to the Database Engine.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

• The database may not be used by more than two (2) processors on the Computer.

• Language Version Selection. Manufacturer may have elected to provide End User with a selection of language versions of the Application. In such event, End User are licensed to use only one of the language versions provided.

• Academic Edition Software. To use the Application identified as "Academic Edition" or "AE," End User must be a "Qualified Educational User". For qualification related questions, please contact Qualitiqua at 159 Stillview Road, Pointe Claire, Québec H9R 2Y1.

• Not For Resale Software. Application identified as "For Demonstration Purposes", "Not For Resale" or "NFR," may not be resold, transferred or used for any purpose other than demonstration, test or evaluation.

• Limitations on Reverse Engineering, Decompilation and Disassembly. End User may not reverse engineer, decompile, or disassemble the Application, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

• Separation of Components. The client Application is licensed as a single product. Its component parts may not be separated for use on more than one computer. The database is licenced as a single installation for a multiple client installation.

• Modifying the Application or Database Engine. The End User shall not be permitted to copy any Qualitiqua Application or Database Engine (except where authorized herein), translate, modify, adapt, enhance, decompile, disassemble or reverse engineer any Qualitiqua Application or Database Engine. Use the Application or Database Engine to provide sublicencing, timesharing, rental, facility management, service bureau, or similar services to third parties. Permit the Application or Database Engine to be accessed by third parties over the Internet unless approval to do so is granted by Qualitiqua.

• Single Computer. The client Application is licensed for a single computer. The database software is licenced for a single installation.

• Rental. End User may not rent, lease or lend the Application to another user. The preceding restriction includes a prohibition on using the Application to provide commercial hosting services.

• Application Transfer. End User may permanently transfer all of End User's rights under this Agreement only as part of a permanent sale or transfer of the hardware, provided End User retains no copies, End User transfers all of the Application (including all component parts, the media and printed materials, any upgrades, this Agreement). If the Application is an upgrade, any transfer must also include all prior versions of the Application.

• Termination. Without prejudice to any other rights, Qualitiqua may cancel this Agreement if End User does not abide by the terms and conditions contained herein. In such event, End User must destroy all copies of the Application and all of its component parts.

• Trademarks. This Agreement does not grant End User any rights in connection with any trademarks or service marks of Qualitiqua.

• Application Sharing. The Application may contain a product that enables applications to be shared between two or more computers, even if an application is installed on only one of the computers. End User may use Qualitiqua products for multi-party conferences.

3. UPGRADES. To use an Application identified as an upgrade, End User must first be licensed for the product identified by Qualitiqua as eligible for the upgrade. Minor upgrades are available free of charge to registered owners of any version that has the same major revision number.

4. COPYRIGHT. All title and intellectual property rights in and to the Application (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the Application), the accompanying printed materials, and any copies of the Application, are owned by Qualitiqua or its licencors. End User may not copy the printed materials accompanying the Application. All title and intellectual property rights in and to the content which may be accessed through use of the Application is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants End User no rights to use such content. All rights not expressly granted under this Agreement are reserved by Qualitiqua and its licencors.

5. CUSTOMER SUPPORT. With the purchase of an annual support contract from Qualitiqua, for support of the Application and Database Engine, Qualitiqua will provide the End User with support services during normal Qualitiqua business hours. Support Fees are set forth in the Schedule.

6. EXPORT RESTRICTIONS. End User agrees to comply with all applicable international and national laws that apply to these products, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by Canadian, U.S. and other governments.

7. FAULT TOLERANCE. The Application is not fault tolerant and are not designed, manufactured, or intended for the on-line controlling of nuclear facilities, aircraft navigation or communications systems, air traffic control, direct life support machines, or weapons system in which the failure of the program could lead directly to death, personal injury, or sever physical or environmental damage. Qualitiqua and its licensors specifically disclaim any expressed fitness for such purposes.

8. LIMITED WARRANTY. Qualitiqua warrants that the then current, unmodified version of the Application and Database Engine, provided to the End User will operate in all material respect in accordance with the Qualitiqua and iAnywhere published documentation for a period of ninety (90) days from the initial shipment to the End User. If the programs do not perform as warranted the End User's sole remedy at Qualitiqua's option is to replaces the non-conforming Application or Database Engine or receive a refund of the licence fee paid by the End User. Qualitiqua does not represent that the Application or Database Engine is error free or will satisfy all of the End User's requirements. Qualitiqua's maximum liability for damages under this Agreement (regardless of the form of action) shall not exceed the amount paid by the End User to Qualitiqua for the Application.

9. DISCLAIMER AND ACKNOWLEDGMENTS. You acknowledge that: implementing TRACXS can be a complex process. TRACXS incorporates the information as provided by you and by other software systems without checking the accuracy or compatibility of that information. Qualitiqua is not responsible for the accuracy of the information supplied by you nor the compatibility of TRACXS with other software and data used by You. Supplied with TRACXS are certain operating instructions and a failure to follow these instructions carefully could result in errors in the results being produced by TRACXS. You should check all results provided by TRACXS for any anomalies. TRACXS is licenced to you on the understanding that, subject to the warranties above. Qualitiqua is not responsible for the results of any actions taken, either by you or a third party relying on results supplied or not supplied by TRACXS.

10. FEES. To the extent permitted by law and stated expressly to the contrary, Fees do not include any taxes, charges, levies or duty which may be payable on the supply of such goods and services including without limitation any US Federal or state taxes, GST, PST, stamp duty or otherwise. To the extent permitted by law, you are responsible for such taxes, charges, levies and duties and shall pay same to Qualitiqua upon request.

11. DURATION. If this Agreement is extended then the terms and conditions of this Agreement shall apply with the necessary modifications. This Agreement may be terminated without notice in the following circumstances: if you breach any term of this agreement; if you become the subject of insolvency proceedings; if you, being a firm or partnership, are dissolved; or if you destroy TRACXS and documentation for any reason. Upon termination, you or your representative shall destroy any remaining copies of TRACXS and documentation or otherwise return or dispose of such material in the manner directed by Qualitiqua. Termination pursuant to this clause shall not affect any rights or remedies, which Qualitiqua may have otherwise under this licence or at law.

12. SEVERABILITY. If any provision of this agreement is held invalid, unenforceable or illegal for any reason, this agreement shall remain otherwise in full force apart from such provision or part provision, which shall be deemed deleted.

13. ENTIRE AGREEMENT. This agreement constitutes the entire agreement between the parties for the subject matter referred to in this agreement. Any prior arrangements, agreements, representations or undertakings are superseded. No modification or alteration of any clause of this agreement will be valid except in writing signed by each party.

14. GOVERNING LAW. This agreement will be governed by and construed according to the laws of the Province of Quebec and Canada.

 

© 2005 Qualitiqua. All Rights Reserved.

 

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QUALITIQUA | 1 (514) 694-2830 | info@qualitiqua.com |
© 2005 Qualitiqua. All Rights Reserved.
 
 
     

Simplify the design process and Six Sigma by using Quality Function Deployment (QFD) as a design tool in a networked environment. Save time and money, manage teams and projects with TRACXS software.

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