In the Agreement, except where the contrary intention is expressed:
Terms defined in other documents forming part of the Agreement, will have the meaning there specified.
Addendum means the Enterprise License Agreement Addendum or Master Supply Agreement Product Addendum, as applicable.
Agreement means, as applicable, the Master Supply Agreement and/or Addendum of which these terms form a part.
EULA means the End User License Agreement for QSR Software, as amended from time to time, available at End User License Agreement (EULA)
Licensed Software means QSR software products which are licensed by QSR for on-premises installation and use and which are acquired by you through the myNVivo™ Portal.
myNVivo™ Portal means the QSR Portal at portal.myNvivo.com
Product Schedule means a schedule to these Software Licence Terms which sets out the details of the Licensed Software and any specific terms applying to that software.
The Licensed Software is licensed to you on the terms of the EULA. To the extent that there is inconsistency between the other terms of the Agreement and the EULA, the terms of the EULA will prevail.
3. Software Download
We will send an email communication to your nominated email address within two business days of approval of the relevant Addendum. The email will contain a link to the download site, and your unique software license key. The Licensed Software will be downloaded from the myNVivo™ Portal.
4. Limited Warranty
WE REPRESENT AND WARRANT THAT WE HAVE THE RIGHT TO LICENSE THE LICENSED SOFTWARE AND THAT THE LICENSED SOFTWARE WILL OPERATE SUBSTANTIALLY AS DESCRIBED IN THE RELEVANT PRODUCT SCHEDULE. YOU ACKNOWLEDGE THAT THE LICENSED SOFTWARE CANNOT BE GUARANTEED ERROR-FREE AND FURTHER ACKNOWLEDGE THAT THE EXISTENCE OF ANY SUCH ERROR SHALL NOT CONSTITUTE A BREACH OF THE AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE EXERCISED INDEPENDENT JUDGMENT IN ACQUIRING THE LICENSED SOFTWARE AND HAVE NOT RELIED ON ANY REPRESENTATION MADE BY QSR WHICH HAS NOT BEEN STATED EXPRESSLY IN THE AGREEMENT OR RELIED ON ANY DESCRIPTIONS OR ILLUSTRATIONS OR SPECIFICATIONS CONTAINED IN ANY DOCUMENT INCLUDING CATALOGUES OR PUBLICITY MATERIAL PRODUCED BY QSR.
5. Disclaimers and Limitation of Liability
EXCEPT TO THE EXTENT THAT LIABILITY ARISES PURSUANT TO A NON-EXCLUDABLE STATUTORY PROVISION, QSR DISCLAIMS ALL CONDITIONS OR WARRANTIES RELATING TO THE LICENSED SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NOTHING IN THE AGREEMENT IS INTENDED TO EXCLUDE OR MODIFY ANY NON-EXCLUDABLE STATUTORY RIGHT OR LIABILITY. HOWEVER, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LIABILITY OF QSR IN RESPECT OF ANY CLAIM UNDER SUCH LEGISLATION SHALL BE LIMITED, IN THE CASE OF GOODS, TO THE REPAIR OR REPLACEMENT OF THOSE GOODS OR PAYMENT OF THE COST OF THEIR REPAIR OR REPLACEMENT, OR, IN THE CASE OF SERVICES, THE RE-SUPPLY OF THOSE SERVICES OR THE PAYMENT OF THE COST OF THEIR RE-SUPPLY.
1. Service Description
NVivo™ is a qualitative data analysis software designed for qualitative researchers working with very rich text-based and/or multimedia information, where deep levels of analysis on small or large volumes of data are required. NVivo™ allows you to identify patterns in your content across various text and data sources and organize and analyse your content to discover deep insights while asking further questions of your content through queries. NVivo can help you find connections and understand underlying themes and patterns that will help inform and support decisions.
2. Subject to this agreement, QSR grants to the Licensee a non-transferable and non-exclusive license to: use the Licensed Software or, in its place, any prior version, or other software developed by the Licensor with the same functionality as the Licensed Software and which is intended to replace the Licensed Software, on the Permitted Number of devices in accordance with the normal operating procedures in the Documentation or as notified by QSR from time to time; or
3. As an alternative you may install a copy of the Licensed Software on a networked Device, such as a server computer, for the purpose of permitting other Devices to access and use that copy of the Licensed Software over a private network provided that the total number of devices on which the Licensed Software is so installed or used does not exceed the Permitted Number.
4. The primary user of each device on which the Licensed Software is installed may make a second copy (not applicable to the NVivo Server Product) for his or her exclusive use on a portable device. The rights to install an additional copy of the Licensed Software do not permit use of the Software on both the first and second device at the same time.
5. QSR retains all intellectual property rights in the Licensed Software, the Documentation and all modificatoins thereto.
6. Updates and Upgrades
7. Maintenance and Training
10. Renewal & Termination