Quick Cheque 6

EULA - End User License Agreement

QUICK CHEQUEEND-USER LICENSE AGREEMENT

PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS OF THIS QUICK CHEQUE END USER LICENSE AGREEMENT ("QCEULA). THIS QCEULA IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND QUICK CHEQUE.

BY CLICKING I ACCEPT' OR DOWNLOADING, OR OTHERWISE USING THE SOFTWARE, YOU ARE CONSENTING TO ALL OF THE TERMS AND CONDITIONS SET OUT IN THIS QCEULA. IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS QCEULA, IMMEDIATELY RETURN, DELETE OR DESTROY ANY AND ALL COPIES OF THE SOFTWARE YOU MAY HAVE.

THIS QCEULA IS A LEGAL AGREEMENT BETWEEN YOU AND QUICK CHEQUE FOR THIS QUICK CHEQUE SOFTWARE, WHICH INCLUDES QUICK CHEQUE (SOFTWARE). THIS QCEULA ALSO COVERS SOFTWARE, ANY ASSOCIATED MEDIA, PRINTED MATERIALS, AND ONLINE OR ELECTRONIC DOCUMENTATION (COLLECTIVELY PRODUCT). FUTURE RELEASES OF THE PRODUCT MAY CONTAIN AMENDMENTS TO THIS QCEULA.

1. LICENSE GRANT. QUICK CHEQUE SOFTWARE IS LICENSED AND NOT SOLD. QUICK CHEQUE GRANTS YOU, FROM DATE OF FIRST USE FOR THE DURATION OF THE LICENSE YOU USE OR HAVE PURCHASED, OR OTHERWISE AS SET OUT IN THE APPLICABLE SOFTWARE DOCUMENTATION OR UNLESS TERMINATED IN ACCORDANCE WITH THE TERMS HEREIN, THE FOLLOWING RIGHTS ONLY IF YOU COMPLY WITH ALL OF THE TERMS OF THIS QCEULA. THE LICENSE GRANTED HEREIN IS SUBJECT TO YOUR USE OF THE SOFTWARE FOR COMMERCIAL USE AND IN ACCORDANCE WITH THE TYPE OF LICENSE YOU HAVE PURCHASED, AS FOLLOWS: (I) YOU ARE ALLOWED TO INSTALL THE SOFTWARE ON AS MANY COMPUTERS AS IS THE LICENSE PURCHASED FOR; (II) AS A TECHNOLOGICAL PROTECTION MEASURE, QUICK CHEQUE REQUIRES A LICENSE KEY OR CODE FOR ACTIVATION FOR EACH LICENSE THAT IS PURCHASED; THIS IS TO PREVENT UNLIMITED COPYING AND USAGE. THIS QCEULA COVERS ANY UPDATES, NEW RELEASES OR ENHANCEMENT(S) OF THE PRODUCT, WHICH QUICK CHEQUE MAY MAKE AVAILABLE TO YOU FROM TIME TO TIME FOR PURCHASE.

2. SUPPORT. ANY SUPPORT THAT QUICK CHEQUE IN ITS SOLE DETERMINATION, MAY PROVIDE TO YOU SHALL CONSIST OF: (I) TELEPHONE OR ELECTRONIC SUPPORT TO YOU IN ORDER TO HELP YOU LOCATE AND, ON YOUR OWN, CORRECT PROBLEMS WITH THE PRODUCT AND/OR; (II) SUPPLYING EXTENSIONS, ENHANCEMENTS AND OTHER CHANGES THAT QUICK CHEQUE MAY MAKE TO THE PRODUCT AND WHICH IS MADE PUBLICLY AVAILABLE, WITHOUT ADDITIONAL CHARGE, TO OTHER LICENSEES OF THE PRODUCT THAT ARE ENROLLED IN SUPPORT.

3. CONFIDENTALITY. THE PRODUCT, IN ALL FORMATS EXISTING, ARE A TRADE SECRET OF AND PROPRIETARY TO QUICK CHEQUE, ITS SUPPLIERS AND/OR LICENSORS, INCLUDING BUT NOT LIMITED TO, THE SPECIFIC INTERNAL CODE, DESIGN AND STRUCTURE OF INDIVIDUAL PROGRAMS AND SOFTWARE, THE DISPLAY AND ASSOCIATED INTERFACE INFORMATION. YOU SHALL MAINTAIN PRODUCT CONFIDENCE AND PREVENT DISCLOSURE OF THE SAME BY USING A REASONABLE DEGREE OF CARE. YOU SHALL NOT DISCLOSE THE CONFIDENTIAL ASPECTS OF THE PRODUCT, OR PART THEREOF, TO ANYONE FOR ANY PURPOSE.

4. INTELLECTUAL PROPERTY RIGHTS: THE PRODUCT IS PROTECTED BY WORLD-WIDE COPYRIGHT, TRADEMARK AND OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. YOU HEREBY ACKNOWLEDGE THAT THIRD-PARTY SOFTWARE MAY BE INCORPORATED INTO THE PRODUCT. QUICK CHEQUE, ITS LICENSORS AND ANY APPLICABLE THIRD PARTY, OWN ALL TITLE, COPYRIGHT, AND OTHER INTELLECTUAL PROPERTY RIGHTS IN AND TO THE PRODUCT.

5. RESTRICTIONS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED UNDER THIS QCEULA, YOU SHALL HAVE NO RIGHT AND YOU SHALL NOT PERMIT ANY THIRD PARTY TO: (I) TRANSFER, ASSIGN OR SUBLICENSE THE LIMITED LICENSE RIGHTS GRANTED TO YOU IN THIS QCEULA TO ANY OTHER PERSON, OR ENTITY, OR USE THE PRODUCT ON ANY EQUIPMENT OTHER THAN AN AUTHORISED UNIT, AND YOU ACKNOWLEDGE THAT ANY ATTEMPTED TRANSFER, ASSIGNMENT, SUBLICENSE OR UNAUTHORISED USE SHALL BE VOID; (II) MAKE ERROR CORRECTIONS TO OR OTHERWISE MODIFY OR ADAPT THE PRODUCT OR DECOMPILE, DECRYPT, DISASSEMBLE, REVERSE ENGINEER OR ATTEMPT TO RECONSTRUCT OR DISCOVER ANY SOURCE CODE OR UNDERLYING IDEAS, ALGORITHMS, FILE FORMATS OR PROGRAMMING OR INTEROPERABILITY INTERFACES OF PRODUCT OR OF ANY FILES CONTAINED OR GENERATED USING PRODUCT BY ANY MEANS WHATSOEVER OR OTHERWISE REDUCE THE PRODUCT TO HUMAN-READABLE FORM, EXCEPT TO THE MINIMUM EXTENT EXPRESSLY PERMITTED UNDER APPLICABLE LAW NOTWITHSTANDING THIS RESTRICTION; OR (III) CIRCUMVENT OR PROVIDE THE METHOD OR MEANS TO CIRCUMVENT ANY TMP IN THE PRODUCT; OR (IV) USE THE PRODUCT IN ANY MANNER NOT EXPRESSLY AUTHORISED HEREIN.

6. RESERVATION OF RIGHTS. YOU ACKNOWLEDGE THAT ALL INTELLECTUAL PROPERTY RIGHTS IN THE PRODUCT, THROUGHOUT THE WORLD, BELONG TO QUICK CHEQUE. YOU ACKNOWLEDGE THAT RIGHTS IN THE PRODUCT ARE LICENSED (NOT SOLD) TO YOU, AND THAT YOU HAVE NO RIGHTS OR TITLE IN, OR TO, THE PRODUCT OTHER THAN THE RIGHT TO USE THEM IN ACCORDANCE WITH THE TERMS OF THIS QCEULA. QUICK CHEQUE AND ITS LICENSORS RETAIN OWNERSHIP OF ALL COPIES OF THE PRODUCT AND RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU UNDER THIS QCEULA.

7. TERMINATION. WITHOUT PREJUDICE TO ANY OTHER RIGHTS, QUICK CHEQUE MAY TERMINATE, WITHOUT NOTICE, THIS QCEULA AND YOUR RIGHT TO USE THE PRODUCT, IF YOU DO NOT ABIDE BY ITS TERMS, IN WHICH CASE YOU MUST CEASE ALL USE OF THE PRODUCT, DESTROY ALL COPIES (INCLUDING ANY COMPONENTS) OF THE PRODUCT, OR, AT QUICK CHEQUE'S REQUEST, RETURN SUCH COPIES TO QUICK CHEQUE. SECTIONS 1, 3, 4, 5, 6, 8, 9, 10, 11, 12 AND 13 SHALL SURVIVE ANY TERMINATION OF THIS QCEULA.

8. CONSENT TO USE OF DATA. QUICK CHEQUE RESPECTS YOUR PRIVACY AND SHALL TAKE ALL MEASURES TO HANDLE THE INFORMATION CAREFULLY. YOU AGREE THAT QUICK CHEQUE, ITS SUBSIDIARIES AND AFFILIATES MAY COLLECT AND USE PERSONALLY IDENTIFIABLE INFORMATION, NOT LIMITED TO TECHNICAL INFORMATION ABOUT YOUR COMPUTER, SYSTEM AND PRODUCT SOFTWARE THAT IS GATHERED PERIODICALLY AND AUTOMATICALLY TO FACILITATE AND IMPROVE UPON THE PROVISION OF SOFTWARE UPDATES, SUPPORT, CONTENT, TPM AND OTHER SERVICES TO YOU.

9. LIMITED WARRANTY. DIFFERENT COUNTRIES HAVE DIFFERENT CONSUMER (SOMEONE WHO USES THE PRODUCTS OUTSIDE OF THEIR BUSINESS OR TRADE) LAWS AND REGULATIONS DEPENDING UPON YOUR COUNTRY OF PURCHASE OR RESIDENCE. THESE DIFFERENT STATUTORY CONSUMER LAWS MAY PROVIDE ALTERNATIVE REMEDIES THAN THAT PROVIDED HEREUNDER. THE PROTECTION PROVIDED UNDER THIS WARRANTY IS IN ADDITION TO SUCH STATUTORY CONSUMER LAWS AND THIS WARRANTY IS NOT INTENDED TO LIMIT OR EXCLUDE YOUR CONSUMER STATUTORY RIGHTS AS IT RELATES TO NON-CONFORMITY OF A SALES CONTRACT.

EXCEPT AS PROVIDED ABOVE, THE PRODUCT IS PROVIDED TO THE USER AS IS. TO THE MAXIMUM EXTENT PERMITTED BY LAW THIS LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER LIMITED WARRANTIES, WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, WARRANTIES FOR LATENT OR HIDDEN DEFECTS. QUICK CHEQUE DOES NOT WARRANT THAT THE SPECIFICATIONS OR FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PRODUCT WILL BE CORRECTED. FURTHERMORE, QUICK CHEQUE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCT PROVIDED IN RESPECT OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IF THIS EXCLUSION IS NOT PERMITTED BY LAW, QUICK CHEQUE LIMITS ANY EXPRESS, STATUTORY OR IMPLIED WARRANTIES AS TO DURATION TO THE EXTENT OF THIS LIMITED WARRANTY AND THE REPAIR OR REINSTALLTION REMEDY AS DETERMINED BY QUICK CHEQUE IN ITS SOLE DISCRETION.

10. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QUICK CHEQUE, ITS AFFILIATES, SUBSIDIARIES, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS QCEULA, UNDER ANY THEORY OF LAW OR FAULT OF QUICK CHEQUE OR ANY OF ITS AFFILIATES, SUBSIDIARIES OR SUPPLIERS, AND EVEN IF QUICK CHEQUE OR ANY OF ITS AFFILIATES, SUBSIDIARIES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS. QUICK CHEQUE EXLCUDES ANY LIABILITY FOR FAILURE TO REPAIR ANY PRODUCT.

NOTWITHSTANDING THE FOREGOING, THE MAXIMUM LIABILITY THAT QUICK CHEQUE SHALL INCUR HEREUNDER SHALL BE LIMITED TO THE FREE REINSTALLATION OF THE PRODUCT.

11. INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD QUICK CHEQUE, ITS PARENT, SUBSIDIARY, OR AFFILIATE ORGANIZATIONS, OFFICERS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY CLAIM, LOSS, DEMAND, OR DAMAGE, INCLUDING REASONABLE ATTORNEYS' FEES, ASSERTED BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF ANY PROVISION OF THIS QCEULA, YOUR NEGLIGENT OR WRONGFUL ACTS, AND/OR YOUR VIOLATION OF ANY APPLICABLE LAWS.

12. ENTIRE AGREEMENT. THIS QCEULA (AS MAY BE AMENDED BY TIME TO TIME) IS THE ENTIRE AGREEMENT BETWEEN YOU AND QUICK CHEQUE RELATING TO THE PRODUCT AND THE SUPPORT SERVICES (IF ANY) AND THEY SUPERSEDE ALL PRIOR OR CONTEMPORANEOUS ORAL OR WRITTEN COMMUNICATIONS, PROPOSALS AND REPRESENTATIONS WITH RESPECT TO THE PRODUCT OR SUPPORT SERVICES. TO THE EXTENT THE TERMS OF ANY QUICK CHEQUE TERMS OF SALE, POLICIES OR PROGRAMS CONFLICT WITH THE TERMS OF THIS QCEULA, THE TERMS OF THIS QCEULA SHALL PREVAIL AND CONTROL.

13. GOVERNING LAW. THIS QCEULA SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF UAE AND THE PARTIES UNCONDITIONALLY AND IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION OF THE COURTS LOCATED IN SHARJAH, UAE, AND THE PARTIES WAIVE ANY OBJECTION WITH RESPECT THERETO, FOR THE PURPOSE OF ANY ACTION, SUIT OR PROCEEDING ARISING OUT OF OR RELATING TO THIS QCEULA OR THE TRANSACTIONS CONTEMPLATED HEREBY.

14. PUBLICITY. YOU AGREE THAT QUICK CHEQUE MAY REFER TO THE NAME OF YOUR CORPORATION AS A CUSTOMER OF QUICK CHEQUE, BOTH INTERNALLY AND IN EXTERNALLY PUBLISHED MEDIA; ANY ADDITIONAL DISCLOSURE BY QUICK CHEQUE WITH RESPECT TO YOU OR YOUR COMPANY SHALL BE SUBJECT TO YOUR PRIOR WRITTEN CONSENT.

15. U.S. GOVERNMENT RIGHTS. IF YOU ARE OBTAINING SOFTWARE ON BEHALF OF ANY PART OF THE UNITED STATES GOVERNMENT, THE SOFTWARE AND ANY DOCUMENTATION SHALL BE DEEMED "COMMERCIAL SOFTWARE" AND "COMMERCIAL COMPUTER SOFTWARE DOCUMENTATION," RESPECTIVELY, PURSUANT TO DFAR SECTION 227.7202 AND FAR 12.212 AND 52.227-19, AS APPLICABLE. ANY USE, MODIFICATION, REPRODUCTION, RELEASE, PERFORMANCE, DISPLAY OR DISCLOSURE OF THE SOFTWARE SHALL BE GOVERNED SOLELY BY THE TERMS OF THIS QCEULA SHALL BE PROHIBITED EXCEPT TO THE EXTENT EXPRESSLY PERMITTED BY THE TERMS OF THIS QCEULA.

16. EQUITABLE RELIEF. THE PARTIES AGREE THAT IRREPARABLE DAMAGE WOULD OCCUR IF ANY PROVISION OF THIS QCEULA WERE NOT PERFORMED IN ACCORDANCE WITH THE TERMS HEREOF AND THAT THE PARTIES SHALL BE ENTITLED TO EQUITABLE RELIEF, INCLUDING INJUNCTIVE RELIEF OR SPECIFIC PERFORMANCE OF THE TERMS HEREOF (WITHOUT ANY REQUIREMENT TO POST BOND OR GUARANTEE), IN ADDITION TO ANY OTHER REMEDY TO WHICH THEY ARE ENTITLED AT LAW OR IN EQUITY.

17. MISCELLANEOUS. THE DELAY OR FAILURE OF EITHER PARTY TO EXERCISE ANY RIGHT PROVIDED IN THE AGREEMENT SHALL NOT BE DEEMED A WAIVER. THIS QCEULA: (I) IN THE EVENT OF ANY CONFLICT OF INTERPRETATION BETWEEN THE ENGLISH LANGUAGE VERSION OF THIS QCEULA AND ANY OTHER TRANSLATION, THE ENGLISH LANGUAGE VERSION SHALL PREVAIL AND CONTROL; (II) MAY NOT BE AMENDED BY YOU, BUT QUICK CHEQUE MAY AMEND THE QCEULA FROM TIME TO TIME AND SHALL POST ANY AMENDED QCEULA; (III) AND THE REMEDIES OF THE PARTIES ARE CUMULATIVE AND WILL NOT EXCLUDE ANY OTHER REMEDIES TO WHICH THE PARTY MAY BE LAWFULLY ENTITLED, (IV) CONSTITUTES THE ENTIRE UNDERSTANDING BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER OF THIS QCEULA AND SUPERSEDES ALL PRIOR AGREEMENTS, NEGOTIATIONS AND DISCUSSIONS BETWEEN THE PARTIES RELATING TO IT; (V) IN PART (OR PART OF ANY PROVISION) IS FOUND ILLEGAL, INVALID OR UNENFORCEABLE, THE PROVISION SHALL APPLY WITH THE MINIMUM MODIFICATION NECESSARY TO MAKE IT LEGAL, VALID AND ENFORCEABLE; (VI) IS FOR THE SOLE BENEFIT OF QUICK CHEQUE AND YOU AND NOTHING HEREIN, EXPRESS OR IMPLIED, IS INTENDED TO OR SHALL CONFER UPON ANY OTHER PERSON OR ENTITY ANY LEGAL OR EQUITABLE RIGHT, BENEFIT OR REMEDY OF ANY NATURE WHATSOEVER UNDER OR BY REASON OF THIS QCEULA; (V) YOU MAY NOT ASSIGN, PLEDGE OR OTHERWISE TRANSFER THIS AGREEMENT, NOR ANY RIGHTS OR OBLIGATIONS HEREUNDER IN WHOLE OR IN PART TO ANY ENTITY; AND (VI) PARAGRAPH HEADINGS ARE FOR CONVENIENCE AND SHALL HAVE NO EFFECT OR INTERPRETATION.

18. NOTICES. ALL NOTICES MUST BE IN WRITING AND SHALL BE MAILED BY REGISTERED OR CERTIFIED MAIL (EFFECTIVE ON THE THIRD DAY FOLLOWING THE DATE OF MAILING), OR SENT VIA EMAIL TO SUPPORT@QUICK-CHEQUE.COM (WITH EVIDENCE OF EFFECTIVE TRANSMISSION). ALL NOTICES MUST BE ADDRESSED TO:
QUICK CHEQUE,
GENERAL MANAGER
EMAIL: SUPPORT@QUICK-CHEQUE.COM
COPYRIGHT2010-2019 QUICK CHEQUE. ALL RIGHTS RESERVED. ALL TRADEMARKS BELONG TO THEIR RESPECTIVE OWN