QUANTUM DYNAMICS Software End User License Agreement
This QUANTUM DYNAMICS Software End User License Agreement (the “Agreement”) governs your use of any software (“Software”) that you may download, install, or otherwise use on your computer or other device, which software may include firmware that will run on hardware manufactured by us (“Hardware”), as well as any updates, patches and revisions that we provide thereto. The Software is not intended for use by individuals under the age of thirteen (13). Individuals who are over the age of 12, but not of the age of majority in the state or providence where they reside, may use the Software only with the consent and under the supervision of a parent or legal guardian. By using the Software, you agree to be bound by this Agreement on behalf of yourself or on behalf of your child. We may change these terms at any time, so please review them periodically. If at any time you do not agree, do not install, use or continue to use the Software. The Hardware will not function without the Software. The Software is intended to be used with the QUANTUM DYNAMICS Service, use of which is subject to the Terms of Service.
Ownership. We and our licensors and/or suppliers, as applicable, retain all right, title and interest to the Software, including all patents, copyrights, trademarks, trade secrets contained therein.
Software Notice and License
Laws in the United States and other countries preserve for QUANTUM DYNAMICS and third-party software providers certain exclusive rights in their copyrighted software, such as the exclusive rights to distribute or reproduce the copyrighted software. Accordingly, the Software may not be modified, reverse-engineered, decompiled, analyzed, distributed or reproduced in any manner to the extent allowed by law without the express, written consent of the copyright owner. Use of this Software shall not be deemed to grant either directly or indirectly or by implication, estoppel, or otherwise, any license under the copyrights, patents, or patent applications of Intel or any third-party software provider, except for the normal, non-exclusive, royalty-free license to use the Software that arises by operation of law in the sale of the Hardware.
Not Medical Advice. QUANTUM DYNAMICS is not providing medical advice via the Software. The Software is not a medical device, nor is it intended for use in the diagnosis, cure, treatment or prevention of disease.
DISCLAIMER & LIMITATION OF LIABILITY REGARDING THIRD PARTY CONTENT AND SERVICES
THE SOFTWARE IS PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMITTED BY LOCAL LAW, QUANTUM DYNAMICS DOES NOT WARRANT THE SOFTWARE, EITHER EPRESSED OR IMPLIED, FOR ANY PURPOSE. QUANTUM DYNAMICS EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. QUANTUM DYNAMICS DOES NOT GUARANTEE THAT THE SOFTWARE WILL PERFORM WITHOUT INTERRUPTION OR ERROR-FREE AND UNDER NO CIRCUMSTANCES SHALL QUANTUM DYNAMICS BE LIABLE, WHETHER UNDER CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM, OR IN CONNECTION WITH, OR AS A RESULT OF THE USE OF THE SOFTWARE BY YOU OR ANY THIRD PARTY, EVEN IF QUANTUM DYNAMICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF LEGAL RIGHTS OF THE CONSUMER, IT IS POSSIBLE THAT THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY IN SUCH JURISDICTIONS.