Terms and Conditions

QUICKWORK Marine Surveyor
 EULA

 Quickwork Marine Surveyor Software for Palm ("Software") sold, to you by Uplynx, LLC (Company) for use only under the terms of this agreement. Uplynx, LLC reserves any rights not expressly granted to you.

 This End-User License Agreement ("EULA") is a legal agreement between you and Uplynx, LLC ("Company"),which governs your use of Uplynx software that will be downloaded from this website to your computer hardware ("SOFTWARE"). If you agree to be legally bound by the terms of this EULA, you may download the available software on this website. If you do not agree to the terms of this EULA, Uplynx is unwilling to license the SOFTWARE to you. In such case, you may not use the SOFTWARE.

Terms and Conditions.
The foregoing rights to the SOFTWARE are limitedly licensed to you as mentioned in following

1.Ownership.  All right, titles and interest in and to the SOFTWARE and the files associated therewith are owned by Uplynx, LLC.

Article 2. Nevertheless, this provision should not be construed as an expression to assign or sell any copyrights or any other intellectual property rights to the SOFTWARE from Uplynx to you.

2.Grant of License.

3.Limited Warranties   UPLYNX IS IN NO EVENT RESPONSIBLE TO ANY WARRANTIES REGARDING TO THE SOFTWARE DOWNLOADED BY YOU. UPLYNX, LLC SHALL IN NO EVENT WARRANT THAT THE SOFTWARE HAS NO BUGS OR OTHER NON-CONFORMANCES, THAT THE SOFTWARE DOES NOT INFRINGE  ANY OTHER THIRD PARTIES RIGHTS, OR THE SOFTWARE'S CORRECTIVENESS OR COMPLETENESS.  Uplynx provides that (i) the file from which the Software was downloaded will be free from defects in materials and workmanship under normal use, and (ii) the Software as provided by Uplynx will substantially conform to the Company’s published specifications for the Software. The Company’s entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be, at the Company’s option.

 A free 30 day trial period of the SOFTWARE is standard on any copy of the SOFTWARE.   Refunds are not available if the product substantially performs as intended. It shall be the responsibility of the purchaser to possess and be in good working order, any needed Operating system, software, or other programming requirements of the Software.  Uplynx assumes no responsibility of providing or purchasing any additional software that the purchaser may need to run this program.

THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY UPLYNX AND UPLYNX EXPRESSLY CLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS.

FURTHERMORE, UPLYNX MAKES NO REPRESENTATION AS TO THE COMPLIANCY OF ITS CONTENTS, FORMAT, OR REPORTS TO ANY LOCAL, STATE OR FEDERAL REGULATORY OR GOVERNING BODY NOR DOES UPLYNX EXPRESSLY STATE OR IMPLY THAT ITS CONTENTS MEETS ANY OR ALL RULES, REGULATIONS, CODES, STANDARDS OF PRACTICE, CODICILS OR OTHER STANDARDS SUGGESTED BY NATIONAL, STATE OR LOCAL NON-REGULATORY ORGANIZATIONS.

4.Limitation of Liability.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UPLYNX EXPRESSLY DISCLAIMS ANY LIABILITY, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE. FURTHER, IN NO EVENT SHALL UPLYNX BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, OR FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, EVEN IF UPLYNX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The Company’s liability to you for direct damages for any cause whatsoever, and regardless of the form of the action, will be limited to the lesser of $800 or the money paid for the Software.

5.Term.  This Agreement will become effective upon your acceptance and continue in effect unless you cease to use the Software. However, Uplynx may terminate this Agreement without notice if you breach any of its provisions.

6.Governing Laws. This Agreement shall be governed by, and construed and enforced in accordance with, the substantive laws of the State of Texas, without regard to its principles of conflicts of laws.  Any unresolved dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a arbitrator in Harris County, Houston, Texas, in accordance with the rules of the American Arbitration Association then in effect

NOTICE: OTHER THAN CONDITIONS OUTLINED IN ITEM 4, THE  SOFTWARE IS NON-REFUNDABLE ONCE SOFTWARE HAS BEEN ACTIVATED.  SUPPORT IS NOT AVAILABLE FOR ANY SOFTWARE THAT HAS NOT BEEN REGISTERED AND ACTIVATED THROUGH UPLYNX, LLC.

Uplynx, LLC, 2006.  Quickwork™ and the Quickwork™ logo are registered trademarks of Uplynx, LLC

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Terms

This sale price is only extended to current owners of Force 5 Marine Survey software or to those individuals have even thought about purchasing Force 5.  Purchasers are subject to verification of ownership of Force 5 or Vulcan mind meld at the sole discretion of Uplynx, LLC.  Purchase of Quickwork Marine Survey must be made by September 30, 2006 during the hours of 8:00 AM and 6:00 PM CDT.  Individuals with previous expired downloads of Quickwork can contact Uplynx, LLC at 281 370 1569 and request an additional one week (7 days) of activation to see new and improved functionality.  This offer can end at any time and without notice.  There are no refunds for activated software.  <Return to download>