Copyright © 2019 Archroma. Users of this site agree to be bound by Archroma’s Web Site Rules and Regulations.
Archroma Management GmbH, its subsidiaries and affiliates (“Archroma”) requires that all visitors and customers to our website(s) (“Site”) agrees and comply with our rules and regulations. By accessing our Site, you have accept our terms and conditions as follow:
If you receive the QTX file, you agree to be bound by the following QTX File End-User License Agreement.
A “website” is defined as a single domain, excluding sub-domains, that operates as a single entity. What constitutes a single entity shall be at the sole discretion of the Company.
“Authorized Users” are up to 3 individuals or single entities that have been licensed to use the Digital Goods according to this Agreement.
This End-User License Agreement (the “Agreement”) is a binding legal agreement between you (either an individual or a single entity) and Archroma (the “Company”). By downloading, installing or using Archroma’s QTX© file or files (the “Digital Goods”), you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not permitted to install, copy, distribute, disseminate or use the Digital Goods. This license Agreement supersedes any prior proposal, representation, or understanding between the parties.
The Digital Goods is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Digital Goods is licensed, not sold.
This Agreement grants a non-transferable license for up to 3 Authorized Users to download/use, install and use the Digital Goods. Additional Digital Goods licenses must be purchased in order for additional users to be authorized to install and use the Digital Goods. The Company reserves the right to determine whether use of the Digital Goods qualifies under this Agreement. The Company owns all rights, title and interest to the Digital Goods (including all intellectual property rights) and reserves all rights to the Digital Goods that are not expressly granted in this Agreement.
You may make unaltered copies of the Digital Goods as may be necessary strictly for backup purposes only. Backup copies cannot be used in any way shape or form other than for storage. You shall ensure that any third party providing this backup services shall abide and agree to the terms and conditions of this Agreement and you are responsible for all security measures to protect these backups, failing which you shall be held liable for all lost and damages suffered by the Company.
You must not remove or alter any branding or copyright notices on any and all copies of the Digital Goods.
You may not sell, assign, license, disclose, distribute, or otherwise transfer or make available the Digital Goods or its Source Code, in whole or in part, in any form to any third parties.
You may not reverse engineer, decompile, or disassemble the Digital Goods or its Source Code.
You may not rent, lease, or lend the Digital Goods.
Company may or may not provide you with support services related to the Digital Goods (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered part of the Digital Goods and subject to the terms and conditions of this Agreement.
You must comply with all applicable laws regarding use of the Digital Goods.
You must maintain the email address used to purchase your license for the Digital Goods (see Termination -> Active Administrator section below).
All title, including but not limited to copyrights, in and to the Digital Goods and any copies thereof are owned by the Company. All title and intellectual property rights in and to the content which may be accessed through use of the Digital Goods is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such content. All rights not expressly granted are reserved by Company.
You may use the Digital Goods under this Agreement until either party terminates this Agreement as set forth in this section. Either party may terminate the Agreement at any time, upon written notice to the other party. Upon termination, all licenses granted to you will terminate, and you will immediately uninstall, destroy all files, and cease all use of the Digital Goods. Sections below entitled “No Warranties,” “Indemnification,” and “Limitation of Liability” will survive any termination of this Agreement.
In the event of license termination due to violation of the Agreement, all terms of section (4a) remain in force with the additional measure that all satisfaction guarantees, written or implied, are nullified.
In order to keep your license in good standing you must maintain the valid email address used to register for the Digital Goods license. If that email address becomes invalid or if we are unable to contact you via the email address registered to your license for a period longer than 14 days, we reserve the right to terminate your license due to invalid or inactive administrator on the licensed domain.
Company expressly disclaims any warranty for the Digital Goods. The Digital Goods is provided “as is” without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Company does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Digital Goods. You assume all risk associated with the quality, performance, installation and use of the Digital Goods, including, but not limited to, the risks of program errors, damage to equipment, loss of data or software programs, or unavailability or interruption of operations. You are solely responsible for determining the appropriateness of the use of the Digital Goods and assume all risks associated with its use. Company further expressly disclaims any warranty or representation to Authorized Users or to any third party.
By accepting the Agreement, you agree to indemnify and otherwise hold harmless the Company, its officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Digital Goods or any other matter relating to the Digital Goods.
In no event shall Company be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of “Authorized Users” use of or inability to use the Digital Goods, even if Company has been advised of the possibility of such damages. In no event will Company be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Company shall have no liability with respect to the content of the Digital Goods or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. Some jurisdictions do not allow the exclusion of the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In no event will the Company's total cumulative damages exceed the fees you paid to the Company under this Agreement in the most recent twelve-month period.
We may revise these Terms from time to time, with the most current version will always be at Archroma’s website. By continuing to access or use Archroma’s QXT file© after revisions become effective, you agree to be bound by the revised Agreement.
The Services and functionality of QTX import and upload services provided by Archroma software services is to facilitate the Communication of Digital Standards that are maintained by Archroma . The Lessee of the aforementioned software is given a separate location within the site for Color Communication purposes that is not maintained by Archroma. Upon uploading any/all miscellaneous files to the separately provided Color Communication site, the Lessee of the software takes and holds all responsibility to the files therein; Archroma cannot be held responsible for the misuse and or contents of the aforementioned file.
THE INFORMATION CONTAINED HEREIN IS PROVIDED “AS IS.” ARCHROMA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE INFORMATION’S ACCURACY, ADEQUACY, SUFFICIENCY OR FREEDOM FROM DEFECT AND ASSUMES NO LIABILITY IN CONNECTION WITH ANY USE OF THIS INFORMATION. NO EXPRESS OR IMPLIED WARRANTY IS MADE OF THE MERCHANTABILITY, UITABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE OF ANY PRODUCT OR SERVICE. CERTAIN COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. ANY USER OF THIS SERVICE IS RESPONSIBLE FOR DETERMINING THE SUITABILITY OF ARCHROMA’S PRODUCTS FOR ITS PARTICULAR APPLICATION. NOTHING INCLUDED IN THIS INFORMATION WAIVES ANY OF ARCHROMA’S GENERAL TERMS AND CONDITIONS OF SALE, WHICH CONTROL UNLESS IT AGREES OTHERWISE IN WRITING. DUE TO POSSIBLE CHANGES IN OUR PRODUCTS AND APPLICABLE NATIONAL AND INTERNATIONAL REGULATIONS AND LAWS, THE STATUS OF OUR PRODUCTS COULD CHANGE.
All sales contracts are governed by substantive Swiss law excluding the Vienna Convention on the International Sale of Goods (CISG). Both parties expressly submit to the exclusive jurisdiction of the courts of the Basel, Switzerland.
General Copyright Notice. © 2019 Archroma. All rights Reserved.