QualiSystems reserves the right to modify these Terms without notice and any modifications are effective ten (10) days following posting of the revised Terms on the Web Site, and your continued use of the Web Site thereafter means that you accept those changes.
For such time as these Terms are in effect, we hereby grant you permission to visit and use the Web Site provided that you comply with these Terms and applicable law. QualiSystems may, at any time, in its discretion terminate these Terms or your access to this Web Site, without liability. Upon termination, you shall cease all use of the Web Site. Access to the Web Site may be monitored by QualiSystems. If you are accessing this Web Site as a representative of an organization, these Terms bind both you individually and the organization and references to “you” and “your” shall be construed to apply to you individually and the organization. The Web Site is only intended for individuals aged eighteen (18) years or older.
As a condition of your use of this Web Site, you will not use the Web Site or the Web Site Information for any purpose that is unlawful or prohibited by these Terms. You will not use this Web Site in any manner that could damage, disable, overload or impair the operation of this Web Site or use by third parties or use or launch any automated system (including without limitation, "robots" and "spiders") to access the Web Site. You agree not to, and will not, use the communications systems provided by the Web Site to send unauthorized commercial communications and you shall be solely responsible and liable for any such unauthorized communications.
Certain restricted product information is available on this Web Site only to licensed customers of QualiSystems that are registered to receive information via passwords issued by QualiSystems. This restricted information is considered confidential and proprietary information of QualiSystems. If you are a registered customer or a representative of a registered customer, QualiSystems authorizes you to download, copy, distribute and use the restricted information for yourself or, if applicable, only within the customer organization, and only for the intended purposes authorized by QualiSystems. Issuance of a registration password is conditioned on the customer’s use of the information in accordance with the terms of their license, product or service agreement with QualiSystems. You shall not transfer your password to unauthorized parties. You will immediately notify QualiSystems of any unauthorized use of your password. You are responsible for use of your password. You will not attempt to gain unauthorized access to any Web Site Information or area within this Web Site.
Certain information available on this Web Site is provided by other parties, particularly information about such other parties, including Community Content on the Community Portal. You understand that all such content, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, are the sole responsibility of the party who originated it and that QualiSystems has no responsibility for such content and does not guarantee the accuracy, integrity, quality or intellectual property rights of such content, nor shall Qualisystems be liable for the conduct, including defamatory, offensive, illegal, or negligent conduct, of any such third party or any other Web Site user. You are solely responsible for your interaction with any such third party and agree to waive any legal or equitable rights or remedies you may have against QualiSystems arising from it. If you have a dispute with any Web Site user or owner in connection with the Web Site or any User Submission and/or Community Content including as part of the Community Portal, you agree that QualiSystems is not liable for any claims or damages arising out of or connected with such a dispute. QualiSystems reserves the right, but has no obligation, to monitor any such dispute. In no event is the inclusion of a statement about another party, a reference to such other party or a web-link to another party’s website an endorsement of such other party, their products or their services.
You may link to the QualiSystems home page (provided you link to but do not replicate any page on this Web Site), but are not authorized to link to any other page on the QualiSystems Web Site without the prior express written consent of QualiSystems provided that QualiSystems reserves the right to withdraw this consent at any time in its discretion. You may not use any of QualiSystems’s proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by QualiSystems; 2) cause confusion, offense, mistake, or deception; 3) dilute QualiSystems’s trademarks, service marks or trade names; or 4) otherwise violate applicable law.
QualiSystems makes no representations or promises to develop, provide or market any software, service or product discussed on this Web Site, and you shall not rely on the information provided or the prospect of availability of any software, service or product currently in development or currently anticipated to be made available in the future.
Web Site Information may refer to products, programs or services that are not available in your country. Consult your local QualiSystems representative for information about the products, programs and services that may be available to you.
Any software that is available for download from this Web Site, other then the Community Content, is the copyrighted property of QualiSystems, its licensees and/or its suppliers. Any use or reproduction of any such software and warranties as to such software, if any, are governed by the terms of the license agreement applicable to that software. Any use of any other product or service and warranties as to such product or service purchased by you using, or in connection with, this Web Site, if any, is governed by the terms of the agreement applicable to that product or service.
Neither QualiSystems nor any of its affiliates or suppliers or its or their officers, directors, employees, agents, representatives or subcontractors shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, date data processing failures, telecommunications or Internet problems, utility failures or problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war or other like causes beyond the reasonable control of QualiSystems. The Web Site may also occasionally be unavailable for routine maintenance, upgrading, or other reasons with no prior notice.
QualiSystems shall have no responsibility to and regarding the providing of access to this Web Site while the interruption of this Web Site continues. QualiSystems may discontinue providing access to this Web Site at any time.
Disclaimer; Limitation of Liability; Indemnity
This Web Site and all Web Site Information, including the User Submissions, and Community Content on the Community Portal, is provided “AS IS” and WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING THOSE REGARDING THE ACCURACY OR COMPLETENESS OF THE INFORMATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN ADDITION, YOUR USE OF THE COMMUNITY PORTAL, USER SUBMISSION AND/OR COMMUNITY CONTENT, OR ANY PART THEREOF, IS MADE SOLELY AT YOUR OWN RISK AND IT IS UP TO YOU TO TAKE PRECAUTIONS to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
IN NO EVENT WILL ANY MEMBER OF QUALISYSTEMS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF REPUTATION, LOST REVENUE OR BUSINESS INTERRUPTION) ARISING OUT OF THESE TERMS OR THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF, THIS WEB SITE, THE COMMUNITY PORTAL OR ANY SITE LINKED TO WWW.QUALI.COM, EVEN IF QUALISYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, NO MEMBER OF QUALISYSTEMS SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF THIS WEB SITE, THE COMMUNITY PORTAL OR ANY WEB SITE INFORMATION, INCLUDING THE COMMUNITY CONTENT AND/OR USER SUBMISSIONS, WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LAW OR CAUSE OF ACTION.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF QUALISYSTEMS FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEB SITE AND/OR THE COMMUNITY PORTAL, EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO QUALISYSTEMS FOR USING THE WEB SITE DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.
You agree to release, defend, indemnify and hold QualiSystems and any affiliates, directors, employees and officers harmless from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of this Web Site, the Community Portal or any Web Site Information, Community Content and/or User Submissions, your interaction with any Web Site user or your violation of these Terms.
Export and Trade Controls
You agree not to import, export, re-export, or transfer, directly or indirectly, any part of this Web Site or any Web Site Information provided on or pursuant to this Web Site except in full compliance with all United States, foreign and other applicable laws and regulations.
Restricted Rights Legend
U.S. GOVERNMENT RESTRICTED RIGHTS. UNPUBLISHED — RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES. Use, duplication, or disclosure by the U.S. Government of any Web Site Information (all technical data is “Limited Rights Data”) or any software (all of which is “Commercial Computer Software”) downloaded from this Web Site is subject to restrictions set forth in FAR Section 52.227-14 Alt. III (g)(3), FAR Section 52. 227-19, DFARS 252.227-7014 (b) or DFARS 227.7202, as amended from time to time. Contractor/Manufacturer is QualiSystems USA Inc., 2880 Lakeside Drive, Suite 226, Santa Clara, CA 96054, USA. Any contract notices should be sent to this address.
These Terms and the relationship between you and QualiSystems shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its principles of conflict of laws. You agree to submit to the exclusive jurisdiction of the courts located in Delaware and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that QualiSystems may seek injunctive relief in any court of competent jurisdiction. These Terms shall constitute the entire agreement between you and QualiSystems concerning the Web Site. If any provision of these Terms are found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or modified, the court shall fully enforce these Terms.
You and QualiSystems are independent contractors and nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and QualiSystems. You must not make or undertake any warranties, representations, or obligations on behalf of QualiSystems. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by QualiSystems without restriction or notification to you. No waiver of any term of these Terms shall be deemed a waiver of any other term, and a party's failure to assert any right under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE RELATED TO THE WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
QualiSystems, CloudShell, TestShell, and the QualiSystems logo and all other QualiSystems product names are trademarks or registered trademarks of QualiSystems Inc. in the United States and/or other foreign countries. All other company, brand and product names are marks of their respective holders.
QualiSystems respects the legitimate rights of copyright and other intellectual property owners, and will respond to clear notices of alleged copyright infringement in accordance with the Copyright Policy, located at http://www.quali.com/Legal.
QualiSystems Inc. is an Equal Opportunity Employer.
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