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QBox Terms of Service

FREE TRIAL AGREEMENT

INTRODUCTION

QBox Corp Ltd. has agreed to provide you with a free trial of up to 5 tests of QBox on the terms set out in this Agreement.

Licence

QBox Corp Ltd. grants you a limited, revocable, non-exclusive, non-transferable and non-sub-licensable licence to use QBox solely for up to 5 tests after which this licence shall automatically terminate.
All rights not expressly granted to you are reserved by QBox Corp Ltd.

Warranties and Disclaimer

You represent and warrant that you:
2.1.1. will comply with all applicable laws including, but not limited to, the Data Protection Laws;
2.1.2. will not share any login details or otherwise enable unlawful access to QBox by any other person;
2.1.3. will not data mine, scrape, crawl, aggregate, copy, extract or attempt to harvest QBox for any purpose;
2.1.4. will not decompile, disassemble, translate, replicate or otherwise reverse engineer any portion of QBox, including any source code, object code, algorithms, methods, processes or techniques used or embodied in them including those in respect of categorisation;
2.1.5. will ensure that no personal data is sent to QBox through the QBox monitoring add-on.
2.1.6. you have the full legal capacity, power and authority to enter into this Agreement; and
2.1.7. this Agreement is legally binding on and enforceable against you.
Except as expressly warranted in this Agreement, and except to the extent prohibited by law, QBox Corp Ltd. disclaims all implied representations and warranties regarding QBox including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose. QBox Corp Ltd. makes no representation that QBox will be error-free, correct, accurate, complete, reliable, secure, current or up-to-date. You have sole responsibility for results obtained from QBox any decisions that you take from such results.
You acknowledge that you have not relied on any representation made by QBox Corp Ltd. which has not been expressly stated in this Agreement (including any descriptions or specifications contained in any document made available by QBox Corp Ltd. outside of this Agreement).

Security

You shall ensure that you will not:
3.1.1. introduce any publicly known malware to QBox;
3.1.2. seek to circumvent or violate any data security measures employed by QBox Corp Ltd.;
3.1.3. attempt to test the vulnerability of QBox or otherwise attempt to breach QBox Corp Ltd.’s security processes; or
3.1.4. share any login details to access QBox with third parties.

Indemnity

You shall indemnify QBox Corp Ltd. and hold QBox Corp Ltd. and its Affiliates and each of their respective directors, officers, contractors, authorised representatives, agents and employees against any claim or loss resulting from your breach of this Agreement.

Limitation of Liability

Notwithstanding any other clause in this Agreement but subject to clause 5.2, neither party shall be liable to the other for any loss or damage resulting, directly or indirectly, from the use of QBox.
Nothing in this Agreement shall limit or exclude either party’s liability for death or personal injury resulting from its negligence, fraud or fraudulent misrepresentation, or any matter which cannot be limited or excluded by law.

Term and termination

This Agreement shall immediately terminate once you have used QBox for up to 5 tests. QBox Corp Ltd. shall also have the right to terminate this Agreement at any time.
Upon termination of this Agreement for any reason, the licence granted under this Agreement and your access to and use of QBox shall immediately cease.

Suspension

QBox Corp Ltd. may, in its sole discretion, suspend access to QBox without liability to you:
7.1.1. if you are in breach of this Agreement;
7.1.2. if an event of Force Majeure occurs; or
7.1.3. if it has any reasonable systems or security concerns; or
7.1.4. due to any maintenance, system updates or upgrades to QBox.

Confidentiality

You agree to treat all information that should reasonably be considered as confidential, including, without limitation, trade secrets, technology, information relating to business operations and strategies, and information relating to customers, pricing and marketing (“Confidential Information”) in the strictest confidence. You shall not disclose any Confidential Information unless you have received our prior written consent, it is required by law or an applicable regulator, or the information is already in the public domain.

Intellectual Property

Nothing in this Agreement assigns or transfers to you any rights, title or interest (including any Intellectual Property Rights) in QBox.

Marketing Activities

During the Term, QBox Corp Ltd. may refer to you in its marketing, promotional, and other communications, including placing a copy of your logo or other trade marks on QBox Corp Ltd.'s website(s) to identify you as a customer and issuing a press release.

Miscellaneous

QBox Corp Ltd. may modify these terms and conditions from time to time by posting an updated version on the QBox Corp Ltd. website. Any material modifications will be sent by email 30 days before they take effect.
All notices shall be in writing and delivered by email to the address you signed up with.
This Agreement constitutes the entire agreement between the parties about its subject matter.
No variation of this Agreement will be binding unless it is in writing and signed by the Parties.
If any clause is held by a court to be unenforceable, that clause shall be deleted from this Agreement.
Nothing in this Agreement will be taken as giving rise to a relationship of employment, agency, partnership or joint venture. Each party to this Agreement is an independent contractor and neither party has any authority to bind the other.
This Agreement is governed by English law and is subject to the exclusive jurisdiction of the courts of England.

Definitions

Affiliate means any company, corporation, partnership or other business organization or entity which, directly or indirectly, controls, is controlled by, or is under common control with another company, corporation, partnership or entity;

Agreement means this Free Trial Agreement;

Confidential Information shall be as defined in clause 8;

Data Protection Laws means Directive 95/46/EC including as implemented by the Data Protection Act 2018, Regulation (EU) 2016/679, and any other laws relating to the processing of Personal Data under this Agreement including the Privacy and Electronic Communications (EC Directive) Regulation 2003 and all related regulations, guidance and codes of practice issued from time to time by a relevant data protection supervisory authority;

Force Majeure means any circumstances beyond a party's control including strikes or industrial disputes, acts of God, acts of government, refusal of licence, failures or outages of any utilities (including telecommunications and data communication equipment or services), denial of service attacks, fire, explosion, floods, cyclone, tsunami or other extreme weather events, aircraft unserviceability or unavailability, war, terrorism or civil disturbance, or impossibility of obtaining material and/or data; and

Intellectual Property means all intellectual property rights including patents, trade secrets, trade marks, service marks, trade or business names, copyright and other rights in works of authorship (including rights in computer software), rights in logos and get up, inventions, ideas, algorithms, processes, specifications, moral rights, design rights, domain names, know-how, database rights and semi-conductor topography rights, software, source and object code and all intangible rights and privileges of a similar nature analogous or allied to any of the above in every case whether or not registered or unregistered, the right to sue for passing off or unfair competition and all rights or forms of protections of a similar or equivalent form in any relevant jurisdiction and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.