IQARUS - EULA

END-USER LICENSE AGREEMENT

This End-User License Agreement (hereinafter referred to as EULA) is a legal agreement between you (an individual or single corporate body) and Michel Werts as developer and owner of the provided IQARUS QM software.

1.        DEFINITIONS

The definitions indicated below have the following meanings:

• “Agreement” – license agreement;

• “User” – license holder (of either trial version or perpetual License), being an individual person or single corporate body;

• ‘Corporate body’ - a single legal entity and does not include subsidiaries, affiliates, or sister companies unless explicitly licensed.

• “Licensor” – Michel Werts (owner of IQARUS QM software);

• “Software” –  Computer software as provided as downloadable package under the name “IQARUS QM software”, including database file, DLL-files, fonts and Excel templates;

• “License” – the right to use the Software.

By installing, copying, or using the IQARUS QM software, User accepts and agrees to be bound by all of the terms and conditions of this license agreement. User acknowledges and agrees not to use the Software in a manner that violates any applicable law, regulation, or this agreement. If User doesn’t accept the terms of this license agreement, User is not entitled to install or use the IQARUS QM Software.

2.        GRANT OF LICENSE

User is granted to copy, install and use the Software according to one of the license types below:

• Trial Version is granted to individuals or corporate bodies who install and use IQARUS QM Software without purchasing within a trial (evaluation) period. The trial period is started at the first use and extends for a period of 3 months. The use of the software granted by trial version shall be limited to evaluation purposes only. Upon the expiration of the trial period, the documents created in the software will no longer be available.

• Perpetual License is granted to individuals or corporate bodies who purchase IQARUS QM Software. The license is unlimited to the number of users within the corporate body. However, the license is not transferrable to any third party.

3.        LIMITATION OF THE LICENSE

This agreement only gives User certain rights to use the Software. Licensor reserves all other rights. 

User agrees to the following limitation of the granted license:

• user cannot use the Software in any other way than the one indicated in these Terms.

• User has no right to:

o sell the Software, sublicense it, hand it over for use, rent it to others or borrow it from others, and has no right to use the Software in order to provide services with the purpose of obtaining a financial benefit to third parties, rent or transfer the License granted to them to third parties in a different form (including by way of legal succession), and in particular the User has no right to transfer the license codes, without the prior written consent of the Licensor;

o modify, adapt, translate, recompile the Software and the accompanying documentation by changing, attempting to reproduce or otherwise interfere with the source code of the Software or otherwise;

o try to decompile the source code of the Software (reverse engineering);

o create derivative products on the basis of the Software or make the reference to the Software in the process of the creation of derivative products;

o remove, erase or alter trademarks, copyright markings and product information provided in the Software or in the accompanying materials;

• User has the right to:

o obtain telephone or e-mail assistance consisting in clarifying the functioning of the Software for one year from the date of conclusion of the License Agreement;

o operate the Software only in accordance with its function and purpose, regardless of the technical possibilities of other use, in accordance with the operating manual of the Software, which is included in it.

• The User is obliged to:

o protect the recording of the Software against accidental loss and unauthorized access by third parties;

o enable the Licensor to control the scope of use of the license and cooperate with the Licensor in this regard.

4.        TERM

The term of this agreement shall continue perpetually from the date of purchase unless terminated according to the provision in section 15. TERMINATION of the EULA.

5.        FEEDBACK

If User gives feedback or suggestion to Licensor, User gives the right to use, share and commercialize your feedback and suggestion in any way and for any purpose, including future modifications of the software, or other products. These rights survive this agreement.

6.        PRIVACY

The Software will collect the username and the date and time of last access. This information will not be shared with Licensor but will only be stored in the local database.

No personal data is transmitted to the Licensor. The User is solely responsible for ensuring compliance with applicable data protection laws in their use of the Software.

7.        PURCHASING

A purchased perpetual license gives User the right to use the Software for an unlimited time period, for an unlimited number of end-users within the same corporate body.

To activate the perpetual license, user will receive within two working days a unique combination of company name and license code. User is responsible to store the license code in a secure location to prevent loss, theft or misuse. User has no right to share the license code with third parties.

The perpetual license grants the right to use the Software indefinitely but does not include entitlement to future updates or technical support beyond the one-year included support period, unless otherwise agreed

8.        GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the Netherlands. Any disputes arising out of or in connection with this Agreement shall be submitted to the competent court in Amsterdam.

This Agreement applies exclusively to business users (B2B). Statutory consumer protection rights, such as the right of withdrawal under EU Directive 2011/83/EU, do not apply.

9.        REFUND

Before purchasing a license, User has extensively used and validated the Software for its needs and applications and is confident that the Software is working properly.

Purchased licenses will only be refunded in the following cases:

• A defect was found but can not be resolved with the Licensors’ support.

• Product has security vulnerability: User found a security problem with the Software and can not be resolved.

A refund request is only valid within 30 days after the purchase date.

10.     SOFTWARE UPGRADE

• A License Holder has the right to access the IQARUS QM Software – Upgrade package from the website during the extend of the license agreement.

• Software upgrades contain newer versions of the Software including bug fixes detected from the time when previous versions of the Software were released or containing new features added to the Software, including updates to the content/requirements of standards, if such occurred.

11.     TECHNICAL SUPPORT

1. A User has the right to receive technical support for the IQARUS QM Software within one year from the date of conclusion of the Agreement, unless the proof of purchase provides otherwise.

2. Obtaining technical support, after one year from the date of conclusion of the Agreement, unless the proof of purchase provides otherwise, is additionally payable.

3. Technical support is about obtaining information related to the operation of the Software, indicated in this paragraph, i.e. installation, launching, uninstalling, changing the place on which the Software is used. Technical support also includes diagnosis and taking actions to eliminate errors related to the Software and pointing out the alternative solutions, while the Software errors are being resolved.

4. In the case of resolving software bugs or assisting in the recovery of lost data, User agrees to share the database with licensor for analysis.

5. In addition, technical support shall not include in particular:

• incorrect operation of the Software resulting from the malfunction of other software installed on the User’s computer, in particular the operating system, antivirus programs.

• consultations, training and workshops on FMEA and methods, related documents (e.g. control plans, process flow), in particular substantive aspects, provision of advisory services and substantive support related to the creation of own documents by the User.

12.  OBTAINING TECHNICAL SUPPORT

1. Obtaining technical support takes place by informing about the need for it by authorized persons. The User may designate the persons authorized to inform about the need for technical support.

2. Notification by authorized persons of the need for technical support should take place in the form of an e-mail, sent from a business email address to info@iqarus.eu, or via the contact form on the website: https://www.iqarus.eu/contact-us.

3. Notifications can be made at any time when there is a need for technical support.

13.  WARRANTY

No warranties. The licensor expressly disclaims any warranty for IQARUS QM Software. The Software and any related documentation are provided “As Is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, non-infringement, loss of profits, revenues, or data, damage to property or personal injuries, business disruption, disturbances in the operation of the company or fitness of a particular purpose. The entire risk arising out of the use or performance of IQARUS QM Software remains with User. It is the Users’ responsibility to keep regular backups of the database.

14.  LIMIT OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall Licensor be liable for any indirect, incidental, special, or consequential damages of any kind or any compensation claim, arising out of the use of this Software, even if Licensor has been advised of the possibility of such damages.

Nothing in this Agreement limits liability for willful misconduct or gross negligence.

15.  TERMINATION

Licensor may terminate this EULA at any time if User is in breach of any of the terms and conditions of this agreement. Upon termination, User shall immediately destroy all the copies of IQARUS QM Software. This excludes any created QM documents, which can be exported before removal of the Software.