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Promotional Materials

Additional to the Qnext End User License Agreement (“EULA”)

IMPORTANT - READ CAREFULLY

These Promotional Materials Terms (the “Promotional Terms”) are an addition to the Qnext End User License Agreement, as published on the Qnext Website.

By using Qnext Online Materials, you explicitly agree to be bound by the Promotional Materials Terms below as well as any renewed versions thereof, as will be published on the Qnext Website or as may be otherwise notified to You by Qnext.

1. Qnext Online Material

1.1.  As an exception to the Agreement, You are allowed to use the Qnext Online Material, under the conditions as set forth herein.

1.2.  Qnext, herewith, grants You a non-exclusive and non-transferable license, without the right to grant sub-licenses, to use the Qnext Online Material on Your website for the purpose of promoting Qnext, the Qnext Software, Qnext Website and/or services and other products of Qnext.

1.3.  You may use the Qnext Online Material only for a legitimate purpose and provided that:

  1. You will use the Qnext Online Material only online, through Your website.
  2. You will use the Qnext Online Material only for non-commercial gain, unless differently agreed in a separate agreement entered into by and between You and Qnext. More specifically, You acknowledge that You are not entitled to charge for the download or use of the Qnext Software or attempt to sell or charge for Qnext or any Qnext Services.
  3. You shall use Qnext Online Material in such form as it is made available in the Qnext Website, and shall not make any changes to the graphics or HTML source code or any other parts of Qnext Online Material.
  4. You will not use the Qnext Online Material on, website(s) that is/are in any way similar to the Qnext Website or use the Qnext‘s trademarks or words describing Qnext’s products or services as the registered URL for website(s) on which You use the Qnext Promotional Material.
  5. You will not harm, misuse or bring into disrepute Qnext, the Qnext Software and the services of Qnext, on the contrary, You will maintain the value and reputation thereof to the best of Your abilities. Therefore, You will not publish or link to any unlawful, criminal, illegal or immoral content on Your website and will furthermore refrain from any acts that may be infringing on intellectual property rights or any other third party rights, or that may be unlawful or that constitute an offence.
  6. You will regularly monitor the Qnext Website in order to ensure that You are using the latest Qnext Online Material as well as that You are aware of any changes in the applicable legal documents. In the event that You cannot agree on any changes in any applicable legal document, You will immediately cease any and all use of the Qnext Online Material and, where applicable, any and all use of the Qnext Software.
  7. You will at any and all times clearly indicate that the Qnext Software originates from Qnext, by using the Qnext Online Material in accordance with these terms and, if applicable, further instructions provided by Qnext.

1.4.  Nothing in these Promotional Material Terms shall grant You any rights with regard to the Qnext Online Material other than the right to use the Qnext Online Material as set out hereunder.

2. Intellectual property rights

2.1.  All intellectual property rights (including but not limited to trademarks, copyrights and patents) relating to Qnext Online Material, other Qnext Promotional Materials, Qnext Software, Qnext Website and/or other products or services from Qnext, are the exclusive ownership of Qnext or its licensors. Nothing in this Agreement intends any transfer of any intellectual property right, or to vest any intellectual property right with you.

2.2.  You are not allowed to register any trade names, trademarks, logos, domain names or any other names or signs similar to Qnext’s intellectual property rights, including but not limited to the Qnext Promotional Materials.

3. General Provisions

3.1.  You represent and warrant that You are authorized to agree to and meet with the terms and conditions of these Promotional Terms. You acknowledge and agree that the Agreement will apply, except for the exceptions that are explicitly meant to make in these Promotional Material Terms.

3.2.  You acknowledge and agree that Your use of the Qnext Online Material will be at Your own risk and account. You agree to indemnify, defend and hold Qnext, its Affiliates and the Qnext Staff harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by said parties, in connection with or arising out of (a) Your use of the Qnext Online Material, or (b) any breach of violation of the terms and conditions of the Promotional Terms and/or the Agreement.

3.3.  Qnext reserves the right to modify these Promotional Terms at any time. Qnext will not be liable in relation to any damage caused by the modification of these Promotional Terms and/or the termination thereof.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY DOWNLOADING AND/OR USING THE QNEXT ONLINE MATERIAL YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO QNEXT THE RIGHTS SET FORTH HEREIN.

Copyright © 2007. Qnext Corp