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DataTracker End-User License Agreement

QuinTron DataTracker SOFTWARE LICENSE TERMS

These license terms are an agreement between QuinTron Instrument Company, Inc and you.  They apply to the software named above, which includes the media on which you received it, if any.

The terms also apply to any QuinTron updates, supplements, Internet-based services, and support services for this software, unless other terms accompany those items.  If so, those terms apply.
By using the software, you accept these terms.  If you do not accept them, do not use the software.


If you comply with these license terms, you have the rights below for each license you acquire.

1.  OVERVIEW.
a. Software. The software is intended to be used as a tool for reporting analytical data for physicians to review.  The software does not provide any diagnosis.
b. License Model. The software is licensed on a per copy per device basis.

2. INSTALLATION AND USE RIGHTS. Before you use the software under a license, you must assign that license to one device (physical hardware system). That device is the “licensed device.” A hardware partition or blade is considered to be a separate device.
a. Licensed Device. You may install one copy of the software on the licensed device. You may use the software on up to two processors on that device at one time, except more processors may use that device if that device is a hardware partition or blade.
b. Number of Instance. Only one instance of the software may be used at a time.

3.  USE OF INFORMATION. QuinTron may use the computer information, error reports, and Malware reports to improve our software and services. We may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with QuinTron software.
c. Misuse of Internet-based Services. You may not use these services in any way that could harm them or impair anyone else’s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.

4. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. QuinTron reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways.

You may not
• work around any technical limitations in the software;
• reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
• use components of the software to run applications not running on the software;
• make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
• publish the software for others to copy;
• rent, lease or lend the software; or
• use the software for commercial software hosting services.

5. BACKUP COPY. You may make one backup copy of the media. You may use it only to reinstall the software.

6. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference, and training purposes.

7. NOT FOR RESALE SOFTWARE. You may not sell software marked as “NFR” or “Not for Resale.”

8. UPGRADES. To use upgrade software, you must first be licensed for the software that is eligible for the upgrade. Upon upgrade, this agreement takes the place of the agreement for the software you upgraded from. After you upgrade, you may no longer use the software you upgraded from.

9. REASSIGN TO ANOTHER DEVICE. You may uninstall the software and install it on another device for your use. You may not do so to share this license between devices.

10. TRANSFER TO A THIRD PARTY.  The first user of the software may make a one time transfer of the software, and this agreement, directly to a third party. The first user must uninstall the software before transferring it separately from the device. The first user may not retain any copies. You must also notify QuinTron who is the new responsible user of the license if the license was transferred.

11. THIRD PARTY PROGRAMS. The software may contain third party programs. The license terms with those programs apply to your use of them.

12. ENTIRE AGREEMENT. This agreement (including the warranty below), additional terms and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.

13. APPLICABLE LAW. Wisconsin state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. All disputes regarding this software shall be venued in Wisconsin.

14. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.

15. LIMITATION ON AND EXCLUSION OF DAMAGES. You can recover from QuinTron and its suppliers only direct damages up to the amount you paid for the software. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.

This limitation applies to
• anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if
• repair, replacement or a refund for the software does not fully compensate you for any losses; or
• QuinTron knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.


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LIMITED WARRANTY


A. LIMITED WARRANTY. If you follow the instructions and the software is properly licensed, the software will perform substantially as described in the QuinTron materials that you receive in or with the software.

B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. The limited warranty covers the software for one year after acquired by the first user. If you receive supplements, updates, or replacement software during that year, they will be covered for the remainder of the warranty or 30 days, whichever is longer. If the first user transfers the software, the remainder of the warranty will apply to the recipient.

To the extent permitted by law, any implied warranties, guarantees or conditions last only during the term of the limited warranty. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.

C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond QuinTron’s reasonable control.

D. REMEDY FOR BREACH OF WARRANTY. QuinTron will repair or replace the software at no charge. If QuinTron cannot repair or replace it, QuinTron will refund the amount shown on your receipt for the software. It will also repair or replace supplements, updates and replacement software at no charge. If QuinTron cannot repair or replace them, it will refund the amount you paid for them, if any. You must uninstall the software and return any media and other associated materials to QuinTron with proof of purchase to obtain a refund. These are your only remedies for breach of the limited warranty.

E. CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your local laws, which this agreement cannot change.

F. WARRANTY PROCEDURES. You need proof of purchase for warranty service.
For warranty service or information about how to obtain a refund for software acquired in the United States and Canada, contact QuinTron at http://www.BreathTests.com/contact.

G. NO OTHER WARRANTIES. The limited warranty is the only direct warranty from QuinTron. QuinTron gives no other express warranties, guarantees or conditions. Where allowed by your local laws, QuinTron excludes implied warranties of merchantability, fitness for a particular purpose and non-infringement. If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.

H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. The Limitation on and Exclusion of Damages clause above applies to breaches of this limited warranty.