The QR Market Terms Of Service (End User License Agreement)

  1. License
  2. Under this End User License Agreement (the “Agreement”), Timothy Burt (the “Vendor”) grants to the user (the “Licensee”) a non-exclusive and non-transferable license (the “License”) to use The QR Market (the “Software”).
  3. “Software” includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product.
  4. Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software.
  5. This Agreement grants a site license to the Licensee. The Software may be loaded onto a maximum of none computers.
  6. The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties.
  7. The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.
  8. Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.
  9. License Fee
  10. The original purchase price paid by the Licensee will constitute the entire license fee and is the full consideration for this Agreement.
  11. Limitation of Liability
  12. The Software is provided by the Vendor and accepted by the Licensee “as is”. Liability of the Vendor will be limited to a maximum of the original purchase price of the Software. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software.
  13. The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.
  14. The Vendor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.
  15. Warrants and Representations
  16. The Vendor warrants and represents that it is the copyright holder of the Software. The Vendor warrants and represents that granting the license to use this Software is not in violation of any other agreement, copyright or applicable statute.
  17. Acceptance
  18. All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee (“Acceptance”) on registration of the Software with the Vendor.
  19. User Support
  20. The Licensee will be entitled to the duration of an active subscription of phone support available 11:00 AM to 6:00 PM Central Time, Weekdays only, at no additional cost.
  21. Term
  22. The term of this Agreement will begin on Acceptance and is perpetual.
  23. Termination
  24. This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Software or return the Software to the Vendor.
  25. Force Majeure
  26. The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.
  27. Additional Clauses
  28. Videos produced for the “client” may only be broadcast during an active subscription. Any unauthorized broadcasting or altering of any pre-produced QR Market video outside of an active subscription will result in a fine of One thousand dollars ($1,000) per instance.
  29. Under no circumstances may copyrighted material in any form (music, video, image, font, sound) that the client does not have a license to use be incorporated into any QR Market video. Inserting or attempting to modify any QR Market video with copyrighted material outside of the creators knowledge will hereby release Timothy Burt, Tim Burt Media, LLC, Tim Burt Audio Productions, The, and any other entity associated with Timothy Burt from any and all liability. Violation of this clause will also render any active subscription null and void with no refunds, and banish the “client” from any and all future business transactions with Timothy Burt. 
  30. Upon cancelling an active 30-day subscription, any and all QR Market video files which have been produced for the “Client” become null and void, and cannot be broadcast via any electronic medium in perpetuity. If “client” wishes to restart their subscription, any prior videos will become active, and the “client” will be able to broadcast again at their discretion.
  31. Governing Law
  32. The Parties to this Agreement submit to the jurisdiction of the courts of the State of Missouri for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of Missouri.
  33. Miscellaneous
  34. This Agreement can only be modified in writing signed by both the Vendor and the Licensee.
  35. This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.
  36. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
  37. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
  38. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
  39. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor’s successors and assigns.
  40. Notices
  41. All notices to the Vendor under this Agreement are to be provided at the following address:
    Timothy Burt: 350 Skylark Drive, Florissant MO 63031