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Quazar Free Version — Terms and Conditions

These terms apply to the free version of Quazar made available by Quod Financial Ltd (company number 05957359, with registered office at 55 Baker Street, London, W1U 7EU) (Quod, we, us, our).

By clicking “accept”, registering with us, and proceeding to download Quazar you confirm you will comply with these terms.

1. What Quazar is

Quazar is a software solution designed for the real-time translation, transformation, and manipulation of Financial Information eXchange (FIX) protocol messages between disparate financial systems. The free version is made available so that you can download, install and access Quazar within your own business environment.

2. Licence

Subject to these terms, Quod grants you a free, limited, non-exclusive, non-transferable and revocable licence to install and use the free version of Quazar for your organisation’s internal business purposes only.

3. Registration and access

You must register with Quod before accessing Quazar and must ensure that all registration details are accurate and kept up to date. You are responsible for keeping any access credentials secure and you agree you are fully responsible for all users of Quazar and their compliance with these terms.

4. Restrictions

You must not, and must procure that no user will:

• sell, resell, sublicense, distribute, make available or commercialise Quazar;
• use Quazar to provide services to any third party;
• copy, modify, adapt, translate or create derivative works from Quazar;
• reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or underlying ideas of Quazar, except to the extent expressly permitted by law;
• remove or alter any branding;
• use Quazar in contravention of any applicable law, or in any harmful or security-compromising way; or
• use Quazar in a business-critical environment or in any way which may cause a material risk to you, such as loss of data or financial loss.

5. Your responsibilities

You are responsible for installing, configuring, operating and maintaining Quazar within your own environment, including all systems, data, messages, integrations and outputs used with Quazar. You are also responsible for checking that Quazar is suitable for your intended use before downloading Quazar.

6. Paid upgrades and support

If you wish to access paid features, support, maintenance, or any wider services which may be made available by Quod at any time, those will be subject to separate commercial terms agreed with Quod. Please note that these terms apply only to the free version of Quazar.

7. Ownership

Quod [and its licensors] own all intellectual property rights in Quazar, including all software, documentation, updates, enhancements and related materials. Except for the limited licence set out in these terms, no rights are transferred to you.

8. No warranties

The free version of Quazar is provided on an “as is” and “as available” basis. Quod does not provide any warranty that Quazar will be error-free, uninterrupted, secure, compatible with your systems, suitable for your requirements or available at all times.

The express terms of these terms are in lieu of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law.

9. Liability

Quod will not be liable for any claim to the extent that it relates to loss of profits, goodwill, business opportunity or anticipated savings, loss of data, injury to reputation, wasted expenditure, wasted management time or indirect, consequential or special loss or damage regardless of the form of action, whether in contract, tort (including negligence) or strict liability or otherwise howsoever arising and regardless of whether Quod knew or had reason to know of the possibility of the loss or damage in question.

Nothing in this agreement will limit or exclude Quod’s liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, and/or for any other loss or damage the exclusion or limitation of which is prohibited by English law.

As this version of Quazar is made available free of charge, Quod’s total liability arising from or in connection with Quazar and these terms will be limited to £100. If you do not accept that this limit is fair and reasonable, you must not download or use Quazar.

11. Suspension and termination

Quod may suspend or terminate the licence granted to you at any time for any reason, including if you breach these terms or if Quod decides to discontinue the free version. On termination, you must stop using Quazar and delete or remove all copies from your systems.

12. General

You may not transfer your rights or obligations under these terms without Quod’s written consent. These terms constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party acknowledges and accepts that, in entering into this agreement, it has not relied upon any representation, undertaking or promise except as set out in this agreement. Quod may update these terms from time to time and will make the updated version available through the website and via the registered email addresses attached to your account.

These terms (including any associated non-contractual disputes or claims) are governed by English law and the parties hereby accept the exclusive jurisdiction of the English courts in relation to any dispute arising under or in connection with these terms.