The B2QScan Applications and all web applications accessible through b2qtech.com are owned by B2Q Technologies, and licensed to You for use only under the terms of this license. B2Q Technologies reserves all rights not expressly granted to You. The Product that is subject to this license is referred to in this license as the “Licensed Application".
You may not use any B2Q Technologies Licensed Application or Service if You are Our direct competitor, except with Our prior written consent. In addition, You may not use any B2Q Technologies Licensed Application or Service for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
CAREFULLY READ THIS LICENSE BEFORE USING ANY B2Q TECHNOLOGIES SOFTWARE OR SERVICE. BY USING ANY B2Q Technologies SOFTWARE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AND AGREE TO ITS TERMS.
License Terms and Conditions. B2Q Technologies provides you Licensed Application, and grants you a non-transferable license to use the Licensed Application in accordance with this Agreement. You agree not to: (i) reverse engineer, decompile, reverse compile, create compilations or derivative works, translate, or adapt the Licensed Application; (ii) use the Licensed Application in any fashion that may infringe any patent, copyright, trademark, trade secret, or any other intellectual property or proprietary right of B2Q Technologies, its third-party partners, or any other third-party;
No Warranty. This Licensed Application is provided to you "as is", and you agree to use it at your own risk. B2Q Technologies makes no guarantees, representations or warranties of any kind, either express or implied, arising by law or otherwise, including, but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, merchantability, fitness for a particular purpose, usefulness, use or results to be obtained from the Licensed Application.
Disclaimer of Warranty. B2Q TECHNOLOGIES DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY OR NON-INFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY B2Q TECHNOLOGIES OR ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL CREATE A WARRANTY, AND YOU ARE NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. THIS DISCLAIMER OF WARRANTIES IS AN ESSENTIAL CONDITION OF THE AGREEMENT.
Disclaimer of Liability. B2Q TECHNOLOGIES SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FORM THE USE OR POSSESSION OF THE PRODUCT; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS PRODUCT, ANY DEFECT IN THE PRODUCT OR DATA, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF B2Q TECHNOLOGIES OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. B2Q TECHNOLOGIES'S AND ITS LICENSORS' TOTAL AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE B2Q TECHNOLOGIES PRODUCT OR THE DATA SHALL NOT EXCEED $1.00.
Disclaimer of Endorsement. Reference to any products, services, processes, hypertext links to third parties or other data by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by B2Q Technologies.
Ownership of Technology. You acknowledge and agree that B2Q Technologies owns all right, title, and interest in or, if applicable, licenses to the Licensed Application, including, but not limited to, all trademarks, data, and content, except to the extent any such third-party content data is owned by the respective third-party data provider. Any reference to products, services, processes, hypertext links to third parties, or other data by trade name, trademark, manufacturer, supplier, or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by B2Q Technologies or its licensors. Product and service information are the sole responsibility of each individual vendor.
Termination. This Agreement is effective until such time as your license is either terminated (by you or by B2Q Technologies) or expires, or the Agreement is otherwise terminated in accordance with the terms and conditions of this Agreement ("Term"). B2Q Technologies may terminate this Agreement for any reason, including, but not limited to, if B2Q Technologies finds that you have violated any of the terms of this Agreement. All provisions relating to confidentiality, indemnity, proprietary rights, and non-disclosure shall survive the termination of this Agreement. All other rights and obligations of the parties shall cease upon termination including, but not limited to, all licenses granted hereunder.
Confidentiality. At all times during the Term and thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for your benefit or any other individual or entity any Confidential Information of B2Q Technologies or any of its third-party data providers. "Confidential Information" means any trade secrets or confidential or proprietary information whether written, digital, oral, or other form which is unique, confidential, or proprietary to B2Q Technologies or its third-party data providers, including, but not limited to, the Product, and any other materials or information related to the business or activities of B2Q Technologies which are not generally known to others engaged in similar businesses or activities. You shall return to B2Q Technologies any of its Confidential Information upon request and/or upon termination of this Agreement.
Indemnity. You agree to indemnify, defend and hold B2Q Technologies and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with any use or possession by you of the Product (including third-party content data).
Entire Agreement. These terms and conditions constitute the entire agreement between B2Q Technologies (and its licensors, including their licensors and suppliers) and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.
Governing Law. The above terms and conditions shall be governed by the laws of The State of Rhode Island. You agree to submit to the jurisdiction of Rhode Island for any and all disputes, claims and actions arising from or in connection with the applications provided to you hereunder. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
Specific Terms Required by Apple. This agreement is between B2Q Technologies and you the end-user only, and not Apple. B2Q Technologies, not Apple is responsible for the content in the application. The license is non-transferrable and allows use of the licensed application on any iPhone, iPod touch, or iPad that the end-user owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service. Apple has no obligation to furnish any maintenance and support services with respect to the Licensed Application, rather all support will be the responsibility of B2Q Technologies. In the event of any failure of the Licensed Application to conform to any applicable warranty, the end-user may notify Apple, and Apple will refund the purchase price for the Licensed Application to that end-user; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the responsibility of B2Q Technologies. B2Q Technologies, not Apple, is responsible for addressing any claims of the end-user or any third party relating to the Licensed Application or the end-user’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third party claim that the Licensed Application or the end-user’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, B2Q Technologies, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. The end-user represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties. Any end-user questions, complaints or claims with respect to the Licensed Application should be directed to B2Q Technologies, PO Box 27, Jamestown, RI 02835, 401-684-1411, info@. b2qtech.com
B2Q Technologies and the end-user acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon the end-user’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third party beneficiary thereof.
Miscellaneous. This Agreement constitutes the entire understanding and agreement of the parties, and supersedes all prior and contemporaneous understandings and agreements, whether written or oral, with respect to its subject matter. No delay or failure by B2Q Technologies to exercise or enforce at any time any right or provision hereof will be considered a waiver thereof. No single waiver will constitute a continuing or subsequent waiver. No waiver, modification or amendment of any provision hereof will be effective against B2Q Technologies unless it is in a signed writing by B2Q Technologies. You may not assign your rights or obligations hereunder (including as a change of control) without the prior written consent of B2Q Technologies. Subject to the foregoing, this Agreement will bind and inure to the benefit of the successors and permitted assigns of the parties. If any provision of this Agreement or the application thereof to any party or circumstance is held to be invalid, illegal, or unenforceable in any respect, that provision to the extent permitted by law (not otherwise) shall be severed from this Agreement and shall not affect the remainder hereof, and the parties agree to substitute for such provision a valid provision which most closely approximates the intent and economic effect of such severed provision. The parties to this Agreement are independent contractors. B2Q Technologies shall not be liable to you for a failure to perform any of its obligations under this Agreement during any period in which such performance is delayed due to circumstances beyond its reasonable control. All notices hereunder must be in writing and mailed by certified mail, return receipt requested, to each party's address.