Qloud Plug-In Terms and Conditions

These Qloud Plug-In Terms and Conditions, the Qloud Terms of Use, and the Qloud Privacy Policy govern your download and use of the software (the “Qloud Plug-In”), as provided by Tagshine, Corp. (“Tagshine”) through Qloud.

YOUR AFFIRMATIVE ACT OF DOWNLOADING, INSTALLING, OR USING THE QLOUD PLUG-IN SIGNIFIES THAT YOU AGREE TO THESE QLOUD PLUG-IN TERMS AND CONDITIONS, THE QLOUD TERMS OF USE, AND THE QLOUD PRIVACY POLICY. YOU MAY NOT USE THE QLOUD PLUG-IN UNLESS YOU AGREE TO THE QLOUD PLUG-IN TERMS AND CONDITIONS, THE QLOUD TERMS OF USE, AND THE QLOUD PRIVACY POLICY.

Applicability of the Qloud Terms of Use and Qloud Privacy Policy. You agree that the Qloud Plug-In shall be considered software offered through Qloud, that the Qloud Plug-In shall be considered part of “Qloud” as defined in the Qloud Terms of Use and Qloud Privacy Policy, and that your downloading, installing, or using of the Qloud Plug-In shall be subject to the Qloud Terms of Use and the Qloud Privacy Policy.
Prohibitions. You agree that you shall not take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality contained in the Qloud Plug-In. In addition, you shall not reverse engineer, decompile, or disassemble the Qloud Plug-In, except and only to the extent it is expressly permitted by applicable law notwithstanding this limitation.
Automatic Update. You agree that the Qloud Plug-In may communicate with Qloud or Tagshine servers and/or third party servers from time to time to determine the availability of software updates, including, but not limited to, bug fixes and new versions. You agree to automatically receive such software updates. Tagshine shall not need any future consent from you to provide such software updates to you.
U.S. Government Users. The Qloud Plug-In and any related documentation are deemed "commercial computer software" and "commercial computer software documentation," respectively, within the meaning of the applicable civilian and military Federal acquisition regulations and any supplement thereto. If the user of the Qloud Plug-In is an agency, department, employee, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Qloud Plug-In, including technical data or manuals, is restricted by the terms, conditions and covenants contained in these Qloud Plug-In Terms and Conditions. In accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies, use of the Qloud Plug-In is further restricted by these Qloud Plug-In Terms and Conditions.
Export Controls or Restrictions. The Qloud Plug-In may be subject to export controls or restrictions by the United States or other countries or territories. You agree to (i) comply with the requirements of the U.S. Department of Commerce (DOC) Export Administration Regulations (EAR) and all applicable international, national, state, regional and local laws, and regulations, including without limitation any applicable import and use restrictions, (ii) not export, or re-export, directly or indirectly, the Qloud Plug-In to any country outlined in the EAR, nor to any person or entity on the DOC Denied Persons, Entities and Unverified Lists, the U.S. Department of State’s Debarred List, or on the U.S. Department of Treasury’s lists of Specially Designated Nationals, Specially Designated Narcotics Traffickers, or Specially Designated Terrorists, (iii) not export, or re-export the Qloud Plug-In to any military entity not approved under the EAR, or to any other entity for any military purpose, and (iv) not license, sell, provide or distribute the Qloud Plug-In for use in connection with chemical, biological, or nuclear weapons or missiles capable of delivering such weapons.
Termination. You may terminate these Qloud Plug-In Terms and Conditions at any time by immediately ceasing any use of the Qloud Plug-In and permanently deleting the Qloud Plug-In in its entirety. In addition, this Qloud Plug-In Terms and Conditions and any rights you obtain pursuant to it shall, pursuant to Tagshine’s sole discretion, immediately and automatically terminate without notice from Tagshine upon your breach of these Qloud Plug-In Terms and Conditions, the Qloud Term of Service, or the Qloud Privacy Policy. In such situations, you agree to immediately ceasing any use of the Qloud Plug-In and permanently deleting the Qloud Plug-In in its entirety. The Preamble and Sections 1, 4, 5, 6, 7, and 8 of this Qloud Plug-In Terms and Conditions shall survive the termination of this Qloud Plug-In Terms and Conditions.
Disclaimer of Warranties. The Qloud Plug-In, including any third party software provided therein, is provided “AS IS” with all faults and as available. Tagshine makes no express representations or warranties about the Qloud Plug-In. TO THE EXTENT PERMITTED BY LAW, TAGSHINE DISCLAIMS ANY IMPLIED WARRANTIES THAT THE QLOUD PLUG-IN OR ANY SOFTWARE, PRODUCTS, OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH QLOUD OR BY TAGSHINE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE QLOUD PLUG-IN IS AT YOUR SOLE RISK. YOU AGREE THAT ANYTHING YOU DOWNLOAD OR OTHERWISE OBTAIN (“DOWNLOAD”) THROUGH QLOUD IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD.
Feedback. Tagshine values any comments or feedback you may have related to the Qloud Plug-In (collectively, “Feedback”). As such, you may provide Feedback to Tagshine at feedback@qloud.com. In providing any such Feedback to Tagshine, you provide Tagshine a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, sub-license, adapt, modify, create derivative works of, translate, publish, publicly perform, publicly display, incorporate, and distribute any such Feedback in any medium and in any manner.
Third Party Software. Tagshine may use the third party software identified in Exhibit A in connection with the Qloud Plug-In.
Modification. Tagshine is free to modify these Qloud Plug-In Terms and Conditions at any time and for any or no reason without providing notice. It is your responsibility to periodically review these Qloud Plug-In Terms and Conditions for any such modifications.

Last Updated: February 7, 2008

Exhibit A

Third Party Software

Eyetunes.

Copyright (c) 2007, Alastair Tse
All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

Neither the name of Alastair Tse nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Quicklite.

Copyright (c) 2004-2005, Tito Ciuro
All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

Neither the name of Tito Ciuro nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

Iceberg.

Copyright (c) 2004-2007, Stéphane Sudre
All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

Neither the name of the WhiteBox nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

NSIS. The NSIS software components are subject to the licenses provided at http://nsis.sourceforge.net/License. Any conflict between the Qloud Plug-In Terms and Conditions and the license agreement for the NSIS lzma module are offered only by Tagshine, and not the providers of the NSIS lzma module.

zlib/libpng module. Tagshine is not the author of the NSIS zlib/libpng module.

Bzip2 module.

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.

Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.

The name of the author may not be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

lzma. The source code for the NSIS lzma module can be found at http://nsis.sourceforge.net/Main_Page.

THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF TITLE AND NON-INFRINGEMENT, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.