Andrew Johnston: Rapid Application Development Services

RelQuest End User Licence Agreement

  1. This is a legal agreement between you, the end user, and Questa Computing Ltd. Please read the following terms and conditions before using this software. If you install or use this software in any way, you are agreeing to be bound by the terms and conditions of this agreement. If you do not agree with these terms, do not use this software, and remove it from all your computers immediately.
  2. The RelQuest software (the Software) includes the computer software and all associated documents, or any part or copy of them. Any supplemental software or documents provided to you by Questa Computing Ltd. shall be considered part of the Software and subject to the same terms and conditions.
  3. RelQuest is SHAREWARE. You may evaluate it free of charge for up to 60 days from the date of first installation. You must pay the license fee and register your copy to continue to use the Software after 60 days. If you do not pay the registration fee after this time you must stop using the Software and remove it from all your computers.
  4. If you pay the registration fee for the Software, Questa Computing Ltd. will grant you a non-exclusive licence for one person to use one copy of the Software regardless of whether the licensee is a person or a business. You must notify Questa if you become aware of any unauthorised use of the Software.
  5. RelQuest is copyright © 1998-2003 by Questa Computing Ltd. All rights reserved.
  6. The Software is licensed, not sold. Questa Computing Ltd. retains the copyright, title and ownership of the Software, including patent, moral and other intellectual property rights. The Software is protected by United Kingdom and United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the Software is transferred to you. You agree that any copies of the Software will contain the same proprietary notices which appear on and in the Software.
  7. You may not reverse engineer, decompile, disassemble or in any way modify the Software. The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer.
  8. You may not use the Software to perform any unauthorized transfer of information (e.g. transfer of files in violation of a copyright) or for any illegal purpose.
  9. RelQuest works with the Microsoft Visio drawing software. You must ensure that you are separately licensed to use Visio, which is not included in the Software.
  10. You may copy the original distribution package for the Software to other users who wish to evaluate it. Any copy must be complete, including the documents and a copy of this Licence Agreement. Anyone to whom you distribute the Software is also subject to this Licence. You may not copy or disclose your registration code to another user.
  11. You may freely distribute Visio models created using the Software, but you should not distribute the software itself except as indicated in clause 10.
  12. Except as indicated in clause 10, you may not rent, lease, or lend the Software. You may permanently transfer all of your rights under this Licence, provided that (a) you also transfer all the Software and related materials; (b) the recipient agrees to the terms of this Licence; and (c) you retain no copies, including backups and copies stored on a computer.
  13. Questa Computing Ltd. expressly disclaims any warranty for the Software. The Software and all related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. Questa Computing Ltd. does not warrant that the Software will meet your requirements or that its operation will be uninterrupted or error-free. The entire risk arising out of use or performance of the software remains with you.
  14. In no event shall Questa Computing Ltd. or its suppliers be liable to you for any consequential, special, incidental, or indirect damages of any kind (including loss of profits and goodwill) arising out of the delivery, performance, or use of the software, even if Questa Computing Ltd. has been advised of the possibility of such damages.
  15. The Software and documentation are Commercial Computer Software provided with RESTRICTED RIGHTS under Federal Acquisition Regulations and agency supplements to them. Use, duplication or disclosure by the Government, its agencies or instrumentalities is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAR 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights Clause at 48 CFR 52.227-19, as applicable, or successor provisions. The manufacturer is Questa Computing Ltd., Coppertrees, Forest Road, Effingham, LEATHERHEAD, KT24 5HE, UK.
  16. If you notify a material error in the Software to Questa Computing Ltd., Questa will use reasonable endeavours to correct that error, unless (a) the Software is not used in accordance with Questa’s instructions; (b) you have modified the Software in any way; (c) t­he error results from a malfunction of your equipment or software not supplied by Questa; or (d) the error is caused by any other act or omission on your part. It will be Questa’s sole decision how to correct any error, and when to issue any updated version of the Software.
  17. Questa Computing Ltd. may terminate this Licence if you fail to comply with the terms and conditions of the Licence. In such event, you must immediately remove the Software from all your computers and destroy all copies of the Software and its component parts.
  18. You may terminate this Licence at any time by removing the software from all your computers and destroying all copies of the Software and its component parts.
  19. If either party terminates the Licence the following provisions will endure indefinitely:
    • a) Clauses 4 and 6 (Title And Proprietary Rights)
    • b) Clause 14 (Liability)
    • c) Clause 20 (Applicable Law)
  20. This Licence shall be subject to and construed and interpreted in all respects in accordance with the Laws of England. You irrevocably agree that any dispute in connection with this contract shall be subject to the jurisdiction of the Courts of England, and that any suit, action, or proceedings in connection with this contract shall be brought in the said Courts. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Licence.
  21. If any provision of this Licence is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed from this Licence and the other provisions shall remain in full force and effect.

“Microsoft” and “Visio” are trademarks or registered trademarks of the Microsoft Corporation.

For further information about RelQuest or our other products, or if you have any questions about this licence, please feel free to contact me for further details.