End User License Agreement
GS Soluciones en Sistemas de Gestión, SC (hereinafter QUALITYWEB 360), including all its subsidiaries and subsidiaries, thank you for choosing our online services (hereinafter, “THE PRODUCT”). This end user license agreement (hereinafter, “THE CONTRACT”) is a legal document that contains the rights and obligations for which the limited software use license is granted (as defined below) that works with ” THE PRODUCT”.
PLEASE READ THIS CONTRACT CAREFULLY BEFORE USING THIS PRODUCT.
BY CONFIRMING THE BOX OR CLICKING THE BUTTON TO CONFIRM YOUR ACCEPTANCE AT THE TIME OF USING THE SOFTWARE FOR THE FIRST TIME, YOU INDICATE AGREEING TO ALL OF THE TERMS OF THIS AGREEMENT. IN ADDITION, BY USING THE SOFTWARE, YOU ALSO INDICATE AGREEING TO ALL OF THE TERMS OF THE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT CONFIRM THE BOX OR CLICK ON THE BUTTON, AND DO NOT USE THE SOFTWARE ON ANY DEVICE YOU HAVE OR CONTROL. IF YOU DO NOT ACCEPT THE TERMS OF THIS INSTRUMENT AND HIRED “THE PRODUCT” THROUGH AN AUTHORIZED RETAIL TRADE, AN AUTHORIZED RESELLER, A MASTER OR JUNIOR DISTRIBUTOR, OR AN APPLICATIONS STORE (AS DEFINED BELOW), YOU MAY BE SEEN PERMIT A REIMBURSEMENT FOR “THE PRODUCT”, SUBJECT TO THE TERMS AND CONDITIONS OF THE CORRESPONDING RETURN POLICY.
This product is software for which QUALITYWEB 360 or, when applicable, QUALITYWEB 360 providers, grant you a license. “Software” represents any firmware and associated files provided in connection with “THE PRODUCT”, any software, application and associated files provided in connection with “THE PRODUCT”, all modified versions, enhancements or updates to such programs (such as those provided to through updates through the internet), all subsequent versions of said programs and files. The software does not include any type of open source software (as defined below).
“You”, as the user, refers to the buyer, recipient or other end user of “THE PRODUCT” that contains the software or the buyer, recipient or other end user of the independent software. “You” may also refer to the person who used the software through an authorized website, such as: https://www.quality-web.net, or from an authorized app store or market, such as the App Store from Apple or Google Play (hereinafter, these markets or these app stores will be referred to individually as “App Store” and collectively as “App Stores”).
1. GRANT OF LICENSE.- By this contract, QUALITYWEB 360 grants you the right to use: (i) if your Product is not a branded product for “Small and medium-sized enterprises or SMEs”, for personal and non-commercial use ; or (ii) if your Product is a product for “Small and medium-sized enterprises or SMEs”, for personal or commercial use; copies of the software in computer code format in devices that it possesses (or, in the case of being firmware, a copy of the firmware in computer code format only in “THE PRODUCT” related to the firmware). As part of this license, you may: (A) use the software as described in the documentation for the software user, and (B) permanently transfer all of your rights to use “THE PRODUCT” (including but not limited to) form to the software) to another person, provided that the person agrees to respect the terms of this contract and that, after said transfer, you stop using “THE PRODUCT” and the software.
2. LICENSE RESTRICTIONS.- This software is not sold to you, but is granted a license. You only have the non-exclusive right to use the software in compliance with this contract. You must not: (i) modify, adapt or create any work derivable from the software, from “THE PRODUCT” that contains the software or from the documentation for the user (with the exception of what is allowed by a corresponding open source license) , without receiving prior written consent from QUALITYWEB 360 to make such modifications: (ii) rent, sublicense, resell, deliver in the form of a loan, redistribute or transfer in any other way (with the exception of the aforementioned) software or documentation for the user, whether for commercial or other purposes; (iii) reverse engineer, disassemble, decrypt or disassemble “THE PRODUCT” or the software or attempt to transform the software into human readability format, except in cases where such activity is permitted by an applicable law or in the that QUALITYWEB 360 is required to allow such activity by the terms of an applicable open source license; (iv) remove or alter any intellectual property, trademark or property notifications that are found in the software or in the documentation for the user; (v) use “THE PRODUCT”, software or documentation for the user to develop a competitive software or hardware product or any other product in any way not set forth in this contract or in the documentation for the user; (vi) in case the software is a firmware, copy the firmware (with the exception of a backup copy for archival reasons), use it in a multi-user system or use it separately from “THE PRODUCT” in which it is located installed; (vii) use the software to transmit viruses or other computer codes, files or harmful programs, or to exclude, disable or otherwise interfere with software functions related to security; (viii) use the software to gather personally identifiable information, to send commercial communications without authorization or to invade the privacy rights of any third party; or (ix) use the software for any illicit purpose or in any way that does not respect the provisions of this contract. QUALITYWEB 360 reserves all rights that are not expressly granted in this contract. You can not acquire such rights, either through implication, impediment or other means.
4. IMPROVEMENTS AND UPDATES.- QUALITYWEB 360 is not obligated to provide updates or improvements to the software, although it is possible that it does so. This agreement will govern all improvements provided by QUALITYWEB 360 that replace or be added to the firmware or original software, unless such improvement is accompanied by a separate end user license agreement. In such case, the terms of said contract shall govern. If you decide not to download and use an update or improvement provided by QUALITYWEB 360, you understand that you may expose the software to serious security threats or that it may render the software unusable or unstable. Some products include an automatic update function, which allows us to perform updates automatically. The user can change the automatic update options by changing the settings in the account information of “THE PRODUCT”. In very limited cases, the updates could continue to be applied automatically, regardless of the automatic update setting. For example, we can offer an automatic update that fixes a security breach in the network. We may automatically provide updated data files for the benefit of the user, such as to provide you with updated information to identify new devices in a network. These data files do not update the firmware, but are composed of software files that are stored in the “PRODUCT” cache and replace the previous files. By accepting this contract, the user declares to be in agreement with the automatic updates.
5. DATA AND PRIVACY.- QUALITYWEB 360 maintains a strong commitment to the protection of your privacy. Our goal is to provide you with a positive experience when using your applications, products and services, while maintaining your personal information securely, as set out in the QUALITYWEB 360 Privacy Notice (hereinafter, the “Notice of Privacy”). Privacy”). Our privacy practices are described in the Privacy Notice. These are also included in independent notices when an application, product or service is purchased or downloaded. By using the QUALITYWEB 360 products or providing us with personal information, the user accepts and consents to the practices, terms and conditions described in the Privacy Notice. The information of the user will be treated, at all times, in accordance with the Privacy Notice of QUALITYWEB 360, incorporated by reference in this contract and available here.
6. OPEN CODE SOFTWARE.- Through this, the user recognizes that it is possible that the software has open source software (as defined below). This license does not apply to open source software that contains the software. The corresponding terms and conditions of the open source software license will apply. Nothing in this agreement limits the user’s rights in relation to open source software licenses or grants rights that invalidate such licenses. The user acknowledges that the open source software license binds only the user and the corresponding licensor of the open source software. The user must comply with the terms of any corresponding open source software license, if any. The information and copyright of open source software can be found in the “PRODUCT” documentation on the QUALITYWEB 360 website. QUALITYWEB 360 is not obligated to provide any type of maintenance or technical support for open source software or any “PRODUCT” software that has been modified by the user, in accordance with the open source software license.
“Open source software” refers to any software or any software component or technology that is subject to an open source license. Open source licenses are generally licenses that allow the free modification and distribution of source code, although they can also be applied to technology received and distributed only in computer language format. Some examples of source code licenses include: (a) GNU General Public License (GPL) or library / reduced GPL (LGPL); (b) the OpenSSL license; (c) Mozilla’s public license; (d) the Berkeley Software Distribution (BSD) license; and (e) the Apache license.
7. INTELLECTUAL PROPERTY RIGHTS.- All rights of intellectual property and title (including all copyrights, patents, trade secret and trademark rights) in the software and of this (including but not limited to) All content contained in the software, the accompanying printed materials and any copy of the software are the property of QUALITYWEB 360 or its suppliers. Accordingly, the user must treat the software as any other material protected by law and treaties related to international property rights and in accordance with this contract.
8. SERVICES AND PRODUCTS OF THIRD PARTIES.- The software may contain links and other functions that facilitate access to and log-in to third-party websites (the “Related Sites”). These functions are provided solely for the benefit of the user. Related sites are beyond the control of QUALITYWEB 360. As a result, QUALITYWEB 360 does not endorse or be responsible in any way for the content or practices of the related sites, nor for any information or material published on them. The user must use their individual criteria in their interaction with these related sites. Through this instrument, the user waives any type of legal claim that may have against QUALITYWEB 360 regarding these sites or the products or services of third parties, and their use of these sites, products or services of third parties. We urge the user to read the terms and conditions of use and the Privacy Notice of each third party website that he / she decides to visit.
9. INDEMNIFICATION.- If QUALITYWEB 360 is the subject of a lawsuit, is involved in a legal process or suffers economic losses or damages as a result of a violation of the user to this contract, in the scope allowed by law, the user will be responsible for compensating QUALITYWEB 360 for the entire loss, as well as any reasonable amount that QUALITYWEB 360 may incur, such as attorneys’ fees, expenses, expenses and court costs, except in the extent to which QUALITYWEB 360 has contributed to the loss or damage.
11. IMPORTANT NOTICE REGARDING YOUR RIGHTS AS A CONSUMER.- Some countries, states and / or provinces do not allow the exclusion or limitation of certain conditions or guarantees, and / or do not allow the sale of products or services without guarantees. Accordingly, if these laws apply to the user, some or all of the sections below titled “limited warranty and disclaimer” may not apply. Only those exclusions and limitations that are legal in the user’s jurisdiction will apply and, in those instances, the responsibility of QUALITYWEB 360 will be limited only to the maximum extent permitted by law. The application of these limited warranties may vary, based on local laws applicable to the user, and the user may have additional rights depending on where they live.
12. LIMITED WARRANTY AND WAIVER DECLARATION.- QUALITYWEB 360 guarantees that the web portal, through which the service is provided, will be at the optimum levels of availability and accessibility, of + – 98% of continuous support in the cloud, and that in any medium in which access to the software is made, it will have the same levels of service. To make a claim under this Limited Warranty, send the service report in the cloud, of the inability to access the platform (software) together with the service payment invoice, directly to QUALITYWEB 360 to the following address: Street Caldeos number 368, Colonia Altamira, in the municipality of Zapopan, Jalisco, CP 45160. This Limited Warranty is canceled if the failure of the medium has resulted from an accident, abuse or misuse. Any replacement means will be guaranteed for the remaining period of the original Warranty Period or thirty (30) days, whichever is longer.
Except for this Limited Warranty on the media, subject to the maximum extent permitted by applicable law, the software, any related program and documentation is provided to you in “the state in which they are found”, with all the faults and without guarantees of any kind. In those jurisdictions where it is legal to do so, and to the maximum extent permitted by applicable law, QUALITYWEB 360, its resellers and suppliers waive and exclude, hereby, all other warranties, express, written or implied, that include but are not limited to the implied warranties of merchantability, acceptable or satisfactory quality, non-violation, title, suitability for a particular purpose, loss or damage of data, absence of virus or freedom from attack by viruses or malware, security, performance, compliance with current regulations, professional effort, full usufruct, that the functions contained in the software comply with the user’s requirements, or that the use by the user or the performance of the software and related information, programs and documentation will be uninterrupted or error-free, or that defects in the software will be corrected, or that the user’s use of The software and related information, programs and documentation will generate accurate, reliable and timely results, information, material or data. No oral or written information or advice provided by QUALITYWEB 360, a distributor, agent or affiliate, will create a warranty. While the warranties can not be waived or excluded, they are limited to the duration of the corresponding warranty period.
The use of the software, product, program and related documentation is at your own risk and discretion. You are solely responsible for (and QUALITYWEB 360 waives your liability) any loss, liability or damages, including your home, electrical system, product, other peripherals connected to the product, computer, mobile device and all other objects and pets. in your home, that arise from a bad use of the software, product, programs and related documentation. You are responsible for complying with all warranties and safety precautions that accompany the product. If you are not comfortable using the product after reading the safety warnings, you must return immediately, you must return the product to your place of purchase and stop using the software. QUALITYWEB 360 is not responsible for: (i) the user’s failure to follow the safety warnings, precautions or any other instructions provided with the product and / or the software, (ii) the user’s negligence in the use of the product and / or of the software, or (iii) the intentional misuse by the user of the product or software.
It is the responsibility of QUALITYWEB 360, to make a backup of the system every 04 four calendar days, which includes but is not limited to all the material, information or data that you may have or possess related to “THE PRODUCT” or the Software, and QUALITYWEB 360 will not be responsible for backing up any incorrect material, information or data on your system.
13. EXCLUSIONS AND GENERAL LIMITATIONS OF LIABILITY. Some jurisdictions do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so the foregoing limitations or exclusions may not apply. This contract gives you specific legal rights that may vary depending on the jurisdiction. Up to the maximum limit allowed by current law, QUALITYWEB 360 and its affiliates, associates, merchants, agents or suppliers or their respective officers, directors, employees, business partners or representatives, shall in no case be liable for indirect, exemplary or punitive damages. , special, incidental or consequential (including, but not limited to damages for loss of earnings or income, business interruption, loss of privacy, negligence and for any other pecuniary or other loss), regardless of the theory liability (contractual, illicit or otherwise) arising out of or related to the use or inability to use the software, even if QUALITYWEB 360 or any of the other entities have been informed of the possibility of such damages. In no case shall the total aggregate responsibility of QUALITYWEB 360, its affiliates, associates, merchants, agents or suppliers, exceed the price paid for the product, software or medium containing the software. This limitation is cumulative and will not increase due to the existence of more than one incident or demand. The foregoing limitations will apply even if any warranty or compensation granted fails its essential purpose.
The guarantees and compensations established in this contract are exclusive, and, to the extent permitted by law, replace all other oral or written, express or implied.
14. GENERAL CLAUSES AND CONDITIONS.- If any part of this contract or any of its terms is null or unlawful in any particular jurisdiction, said part or terms will be interpreted and applied to the maximum limit allowed in said jurisdiction, and will continue in effect the other provisions or any of its parts. This agreement constitutes the entire agreement between QUALITYWEB 360 and You in relation to the Software and its use and renders void any contradictory or additional clause of any other purchase order or document. No clause of this contract may be waived, modified or waived, except by a different instrument, in writing and accepted by QUALITYWEB 360 and You. However, the Privacy Notice of QUALITYWEB 360 referred to herein is subject to change in the manner described in that document. QUALITYWEB 360 can provide translations of this contract at the convenience of users. However, in the event of a conflict or inconsistency between English and any other language version, the Spanish version of this contract will prevail, up to the limit not prohibited by local law in your jurisdiction. Any provider of QUALITYWEB 360 will be a direct and intentional third party beneficiary of this contract, including but not limited to the disclaimers of warranties and limitations of liability set forth herein. In any other case different from the one established in the preceding paragraph, a person or entity that is not part of this contract, will not have any right to apply any term of this contract. No failure or delay in the exercise of any right or compensation shall operate as a waiver of such right or compensation (or any other). The language of this contract should not be interpreted strictly as in favor or against any party, regardless of who prepared such language or was primarily responsible for its preparation. The rights and obligations under this contract are not assignable by you, and any attempt of assignment will be null and void. This contract will be binding and will come into force for the benefit of the parties. In the case of a legal process between the parties that arose or was related to this contract, the winning party shall be entitled to recover, in addition to any other compensation earned or granted, the costs and expenses (including the reasonable fees of the attorneys and experts ) incurred in the judicial process.
15. APPLICABLE LAW. – For the interpretation and fulfillment of this Contract, the parties submit to the jurisdiction and competence of the Courts of the City of Guadalajara, Jalisco, expressly renouncing the jurisdiction that by reason of their present or future domiciles could correspond to them Both QUALITYWEB 360 and You irrevocably consent to the jurisdiction of said courts and jurisdiction. However, in the case of consumers living in a city or country in which QUALITYWEB 360 markets or distributes the software, local legislation may require that certain consumer protection laws of the country of residence apply to some sections of this Contract. In addition, QUALITYWEB 360 may request precautionary measures in any competent Court to protect its intellectual property rights. The United Nations Convention on Contracts for the International Sale of Products and the United Nations Convention on the Limitation Period on the International Sale of Products are hereby expressly excluded and shall not apply to this Contract. .
QUALITYWEB 360 and many other product names and logos are registered trademarks of the QUALITYWEB 360 group of companies. The third-party trademarks mentioned are the property of their respective owners.