End User License Agreement

Subject to your continued compliance with 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. "Software" means the Qik Office desktop, mobile, and web applications, associated software components, documentation, updates, and upgrades made available to you.

• You may install and use the Software only in the number of installations and on the number of devices permitted by your applicable plan, subscription, or order.
• You may make a reasonable number of copies of the Software solely for back-up or archival purposes, provided all proprietary notices are reproduced.
• Use of the Software may require an active Qik Office account, internet connectivity, and compatible hardware and software, the provision of which is your responsibility.
• If the Software is provided for evaluation, trial, beta, or pre-release purposes, it is licensed for such limited purpose only and may be discontinued or modified at any time without notice.

Except as 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:

• copy, modify, adapt, translate, or create derivative works of the Software;
• reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Software;
• rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make the Software available to any third party, including on a service bureau, time-sharing, or software-as-a-service basis;
• remove, alter, or obscure any proprietary notices, labels, or marks on or in the Software;
• use the Software to build or benchmark a competitive product or service, or to copy any features, functions, or graphics of the Software;
• circumvent, disable, or otherwise interfere with any security, licensing, or authentication features of the Software; or
• use the Software in any unlawful manner or in any manner inconsistent with this Agreement or the documentation.

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 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. Where there is a conflict between this Agreement and an applicable third-party license with respect to that component, the third-party license governs 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.

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.

• This Agreement is effective upon your first download, installation, access, or use of the Software and continues until terminated.
• This Agreement and the license granted hereunder will terminate automatically, without notice, if you fail to comply with any term of this Agreement.
• Qik Office may suspend or terminate this Agreement or your access to the Software if it reasonably determines that you have violated this Agreement or that your use poses a risk to Qik Office, other users, or the Software.
• Upon termination, you must immediately cease all use of the Software and delete or destroy all copies in your possession or control.
• Sections relating to ownership, restrictions, disclaimers, limitation of liability, indemnification, and general provisions survive termination.

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 DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES 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, OR SECURE, 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 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 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 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.

The Software is a "commercial item" 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.