IMPORTANT PLEASE READ THIS END USER LICENSE AGREEMENT (THE “EULA” OR “AGREEMENT”) CAREFULLY BEFORE DOWNLOADING, INSTALLING, ACCESSING OR USING THE SOFTWARE. THIS EULA IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY, “YOU” OR “LICENSEE”) AND QIK ENTERPRISES PRIVATE LIMITED, ITS BRANDS (“QIK OFFICE”, “QIK MEETING” or “QIK.MT”) AND PARTNERS (COLLECTIVELY, “QIK OFFICE”, “WE”, “US” OR “OUR”). BY DOWNLOADING, INSTALLING, COPYING, ACCESSING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, ACCESS OR USE THE SOFTWARE.
For the purposes of this Agreement, the “Software” means the Qik Office desktop, mobile and web applications, associated software components, software development kits, documentation, updates, upgrades, and any accompanying materials made available to You by Qik Office. Your use of the online services and platform is additionally governed by the Qik Office Terms & Conditions and Privacy Policy, which are incorporated into this Agreement by reference.
Subject to Your continued compliance with the terms and conditions of this Agreement, Qik Office grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use the Software on devices that You own or control, solely for Your internal business or personal use as permitted by Your subscription or plan. This is a license, not a sale, and Qik Office reserves all rights not expressly granted to You.
Except to the extent expressly permitted by this Agreement or by applicable law that cannot be excluded by agreement, You shall not, and shall not permit any third party to:
The Software is licensed, not sold. Qik Office and its licensors retain all right, title and interest in and to the Software, including all intellectual property rights therein, including all copyrights, patents, trade secrets, trademarks and other proprietary rights. The Software is protected by copyright and other intellectual property laws and treaties. You acquire no ownership interest in the Software under this Agreement, and nothing in this Agreement transfers to You any right, title or interest in or to the Software other than the limited license expressly granted above.
The Software may include or be distributed with third-party software, including open source software, that is subject to its own license terms. Such third-party components are licensed to You under the terms of the applicable third-party licenses and not under this Agreement. To the extent there is a conflict between this Agreement and any applicable third-party license with respect to that component, the third-party license shall govern solely with respect to that component. Qik Office makes no representations or warranties with respect to any third-party software.
Qik Office may, at its sole discretion, develop and provide updates, upgrades, patches, bug fixes or new versions of the Software, which may be automatically downloaded and installed. Any such update or upgrade is deemed part of the Software and is subject to this Agreement, unless accompanied by a separate license, in which case that license will govern. You agree that Qik Office is not obligated to provide any updates or to continue to provide or enable any particular feature or functionality of the Software.
Certain features of the Software may require a paid subscription or plan. Your right to use such features is conditioned upon timely payment of the applicable fees and Your compliance with the terms governing Your subscription, as further described in the Qik Office Terms & Conditions and the Pricing Page. Qik Office may suspend or restrict access to the Software or specific features if applicable fees are not paid when due or if You breach this Agreement.
The Software may collect and transmit configuration, usage, performance and diagnostic information to enable functionality, provide support, improve the Software and detect and prevent misuse. Qik Office handles personal data in accordance with its Privacy Policy. By using the Software, You consent to such collection and use of information as described in the Privacy Policy. You are responsible for the data You process using the Software and for obtaining all necessary rights and consents in connection with such data.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. QIK OFFICE AND ITS PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT. QIK OFFICE DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL QIK OFFICE OR ITS PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF QIK OFFICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, QIK OFFICE’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless Qik Office, its partners, officers, directors, employees, consultants, agents, suppliers and licensors from and against any and all claims, liabilities, damages, losses and costs (including reasonable attorneys’ fees) arising out of or related to Your use of the Software, Your violation of this Agreement, or Your violation of any applicable law or the rights of any third party.
The Software may be subject to export control and economic sanctions laws and regulations. You agree to comply with all such applicable laws and regulations and represent that You are not located in, under the control of, or a national or resident of any country or on any list of restricted parties to which the export or provision of the Software is prohibited. You shall not use or export the Software in violation of any applicable export control laws.
The Software is a “commercial item” as defined in applicable government procurement regulations, consisting of “commercial computer software” and “commercial computer software documentation”. Any use, modification, reproduction, release, performance, display or disclosure of the Software by or for any government end user shall be governed solely by the terms of this Agreement.
This Agreement and any dispute arising out of or relating to it shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Subject to applicable law, You agree to resolve disputes on an individual basis through arbitration and to submit to the exclusive jurisdiction of the competent courts located in Chennai, Tamil Nadu, India. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
