QOPPER WEBSITE TERMS OF USE

Agreement to Terms

Please read these Qopper Website Terms of Use (”Terms”) carefully as they are a binding agreement between You and Qopper, Inc. Qopper, Inc. is referred to as “Qopper” in these Terms. By accessing or using any website or page which links to these Terms (“Website”), you agree to be bound by the Terms and to comply with applicable laws, including export control laws and regulations. Qopper also offers Software-as-a-Service and other products pursuant to a separate manually or digitally-executed agreement.

The Website contains a variety of information and resources including, but not limited to, product descriptions, text, images, photographs, documents, testimonials, logos, diagrams, reports, software, download areas, communication forums, Web Services Application Program Interface information ("APIs"), and other tools (collectively the "Materials").

If you do not agree to these Terms, do not use the Website or any Materials contained therein.

Accounts

You may be asked to input information to access certain areas of the Website, download certain Materials, register for events, or create an account. You agree to provide accurate and up-to-date information. Information you provide to Qopper during any input process, as well as all other information collected about you when you visit the Website, will be governed by Qopper's then-current Qopper Privacy Policy.

You understand and agree that you are responsible for maintaining the confidentiality of your account passwords. You agree that you will be solely responsible to Qopper for all activities that occur under your account. You agree to notify Qopper immediately of any unauthorized use of, or other security breach related to, your account.

Materials

The Materials are protected by copyright, trademark, patent, and other applicable laws. No license or other rights are granted except as expressly stated in these Terms. Unless otherwise stated herein, you may use the Materials solely for informational and noncommercial purposes. Unless expressly authorized by Qopper or otherwise permitted by law, you may not copy, publish, display, distribute, alter or make derivative works of any Materials. You may not remove, alter, or obscure any proprietary notices on any Materials. Products mentioned in the Materials may not be generally available in your geographical country or region. Product descriptions are subject to change at Qopper's discretion.

If you are a journalist, you may use all images available for download from the Qopper Media Resources websites in professional publications to highlight Qopper, its products and/or services.

Submissions

You are entirely responsible for anything that you upload, post, display, or otherwise transmit to or via the Website, including, but not limited to, software code, articles, feedback, or suggestions ("Submission"). You agree that you own all rights in and to any Submission, or that you have obtained the necessary rights and/or permissions to make the Submission. Each Submission must comply with the applicable acceptable use policy.

You give Qopper, its affiliated companies and sublicensees a perpetual, irrevocable, transferable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute any Submission. Qopper is under no obligation to post or use any Submission, and Qopper may remove any Submission at any time in its sole discretion.

If you believe your copyrighted material has been posted on any Website without your permission, please see our Notice and Takedown Policy.

Qopper Web Services APIs

If APIs are available on the Website without a separate license agreement, Qopper hereby grants you a non-exclusive, non-sublicensable, non-transferable limited license to use the APIs exclusively for the benefit of Qopper Customers. You assume all liability as a result of any use of the APIs. Qopper makes no commitment to continued availability of APIs and you have no rights to version enhancement or support of any kind. Qopper may revise or cease to provide APIs without notice at any time in Qopper's sole discretion. NOTWITHSTANDING THE FOREGOING, COPYING OR REPRODUCTION OF THE APIS FOR FURTHER REDISTRIBUTION IS EXPRESSLY PROHIBITED.

Restricted Rights

Any software downloaded from the Qopper for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Qopper Inc., 6110 Stoneridge Mall Road, Pleasanton, CA 94588, USA.

Hyperlinks

Qopper is not responsible for any third-party content or linked websites provided on the Website. The provision of any link does not imply Qopper's endorsement of the website and is provided only as a convenience.

DISCLAIMER OF WARRANTY

USE OF THE WEBSITE AND OF ANY MATERIALS ARE AT YOUR OWN RISK. ALL MATERIALS ARE PROVIDED "AS IS", WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. QOPPER EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, QOPPER MAKES NO WARRANTY OR GUARANTEE THAT THE WEBSITE OR ANY MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THESE EXCLUSIONS OF WARRANTIES WILL APPLY TO YOU TO THE FULLEST EXTENT ALLOWED BY LAW.

LIMITATION OF LIABILITY

IN NO EVENT WILL QOPPER BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE WEBSITE OR USE OF THE MATERIALS, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE WEBSITE. THIS EXCLUSION AND WAIVER OF LIABILITY INCLUDES, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF DATA, EVEN IF QOPPER IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, NO MATTER THE LEGAL THEORIES, AND WILL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY LAW.

General

These Terms govern your use of the Website and constitute the entire legal agreement between you and Qopper relating thereto. Additional or different terms, conditions, and notices may apply to specific components of Materials offered through the Website. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms. Please see the applicable agreement or notice. Qopper reserves all rights not expressly granted under these Terms, including intellectual property rights, and no other rights are granted under these Terms by implication or estoppel or otherwise. Qopper may update these Terms from time to time. Qopper will change the Last Updated date at the bottom of these Terms when it does so. It is your responsibility to check these Terms regularly. Qopper’s failure to enforce any legal right or remedy contained in these Terms or applicable law shall not be deemed a formal waiver of those rights or remedies and those rights or remedies will still be available to Qopper. If a court of competent jurisdiction deems any provision of these Terms invalid, the remaining provisions of these Terms will be unaffected. Except where otherwise required by law, any legal matter arising from these Terms shall be governed by the laws of the State of California without regard to its conflict of laws provisions and you agree to submit to the jurisdiction of the courts of Alameda County, California. You acknowledge that Qopper may apply for injunctive remedies in any jurisdiction. There are no third party beneficiary rights under these Terms.

© 2017 Qopper, Inc. All rights reserved. Qopper and the Qopper logo are trademarks of Qopper, Inc, registered in the United States and elsewhere. All other brand and product names are trademarks or registered trademarks of their respective holders.

Last Updated: August 3, 2020