The Parties agree as follows:
Definitions: For the purposes of this Agreement -
1. "Client" means the party that applies for the service.
2. "Qualitone" means, Qualitone Software Solutions CC, the closed corporation providing services to the Client.
2.Qualitone reserves the right in its sole discretion to deny access to any User.
3. Customer Remedies: Qualitone's and its suppliers' entire liability and the Client's remedy shall be repair or replacement of the Software Product that does not meet Qualitone's Limited Warranty and which is returned to Qualitone with a copy of your receipt. This Limited Warranty is void if failure of the Software Product has resulted from accident, abuse, or misapplication. Any replacement Software Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the RSA, neither these remedies nor any product support services offered by Qualitone are available without proof of purchase from an authorized international source.
4. Limited Warranty: To the maximum extent permitted by applicable law, Qualitone and its suppliers disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the Software Product, and the provision of or failure to provide Support Services.
5. Limitation of Liability: To the maximum extent permitted by applicable law, in no event shall Qualitone or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software Product or the provision of or failure to provide Support Services, even if Qualitone has been advised of the possibility of such damages. In any case, Qualitone's entire liability under any provision of this EULA shall be limited to the greater of the amount actually paid by the Client for the Software Product or U.S.$5.00; provided, however, if the Client have entered into a Qualitone Support Services Agreement, Qualitone's entire liability regarding Support Services shall be governed by the terms of that agreement.
6. Storage of Information: All information entered into the software program may be captured on a remote server for the purpose of sending confirmation messages back to the client as well as follow-up messages. It is the client's responsibility to make backups of data on regular intervals.
7. This agreement may be terminated by either party by giving not less than 30 days written notice. All outstanding amounts in terms of on-site support, hardware and software provided will be paid in full by the client on termination of the contract. The installation/registration fee and unused message credits are NOT refundable.
8. All rights of the service and software reserved by Qualitone CC.