Remote Support

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Remote Assistance Support from QueryTel allows a QueryTel support  professional in another location to view your computer screen and work  on your computer over a secure connection. 

 WHEN YOU CLICK 'CONNECT TO TECHNICIAN,' YOU ACCEPT AND AGREE TO BE BOUND  BY THIS AGREEMENT, THE WEB SITE TERMS OF USE AND PRIVACY STATEMENT AND  THE POLICIES PROVIDED ON THIS WEB SITE, ALL OF WHICH ARE INCORPORATED  INTO AND FORM PART OF THIS AGREEMENT. YOU ALSO REPRESENT THAT YOU HAVE READ AND UNDERSTAND ALL OF THE  PROVISIONS OF THIS AGREEMENT. IN THE EVENT OF A CONFLICT BETWEEN THIS  AGREEMENT AND YOUR CURRENT SERVICES AGREEMENT WITH QUERYTEL (IF ANY),  THE TERMS AND CONDITIONS OF YOUR CURRENT SERVICES AGREEMENT WITH  QUERYTEL CONTROLS. YOU MUST ACCEPT THIS AGREEMENT BEFORE YOU CAN  PURCHASE OR USE QUERYTEL SERVICES FROM THIS WEB SITE. 

This Agreement for QueryTel Services ('the agreement')is entered into by and between the entity ordering the services ('you', 'your' or 'customer') and the closest QueryTel affiliate located in your country or region, unless we designate otherwise in Section 9 below('we', 'us' or 'our').  'Affiliate' means any legal entity that you or we own, which owns you or us, or which is under common ownership with you or us.  'Ownership' means more than 50% ownership. 

1. SERVICES. 

We agree to use commercially reasonable efforts to provide the services  you purchase as described on the services Web site (otherwise known as  the 'customer services guide'). The Web site URL for  the customer services guide is: http://support.querytel.com. If the URL  changes for any reason, we will provide the new URL to you upon your  request. Our ability to deliver the services depends upon your full and  timely cooperation, as well as the accuracy and completeness of any  information you provide. 

2. OWNERSHIP AND LICENSE. 

• a. Fixes. We grant you a non-exclusive, perpetual,  fully paid up license to use and reproduce the fix we or our designee  deliver to you for your internal use only. Fixes are not for resale or  distribution to unaffiliated third parties. Except as otherwise provided  herein, the license rights granted to fixes are governed by the license  agreement for the affected product or, if the fix is not provided for a  specific product, any other use terms we provide. Your use of the  product is governed by the license agreement for the product. You are  responsible for paying any product licensing fees. 'Product(s)' means any computer code, web-based services or materials comprising  commercially released, pre-release or beta products (whether licensed  for a fee or no charge) and any derivatives of the foregoing we or our  designee make available to you for license which is published by us, our  affiliates or a third-party. 'Fixes' means product  fixes that we either release generally (such as commercial product  service packs) or that we or our designee provide to you when performing  services (such as workarounds, patches, hot-fixes, updates, bug fixes,  beta fixes and beta builds) and any derivatives of the foregoing. You  may not modify, reverse engineer, decompile, disassemble, change the  file name of or combine with any non-querytel computer code any fixes  delivered to you. 

• b. Pre-Existing Work. All rights in any computer code or non-code based written materials 'materials') developed or otherwise obtained by or for us or our affiliates, or you or your affiliates independent of this agreement ('pre-existing work')  shall remain the sole property of the party providing the pre-existing  work. During the performance of the services, each party grants to the  other party (and our contractors as necessary) a temporary,  non-exclusive license to use, reproduce and modify any of its  pre-existing work provided solely for the performance of services. We  grant you a non exclusive, perpetual, fully paid up license to use,  reproduce and modify (if applicable) our pre-existing work, excluding  products, in the form delivered to you that we leave with you at the  conclusion of our performance of services for use with any developments  (if applicable). The license rights granted to our pre-existing work are  limited to your internal use only and are not for resale or  distribution to unaffiliated third-parties. 

• c. Developments. We grant you a non-exclusive,  perpetual right to use, reproduce and modify any computer code or  materials (except for fixes or pre-existing work) that we leave with you  at the conclusion of our performance of the services ('developments') for your internal use only. Developments are not for resale or distribution to unaffiliated third parties. 

• d. Sample Code. In addition to the rights set out in  the Developments section above, you are also granted a non-exclusive,  perpetual right to reproduce and distribute the object code form of any  computer code, provided by us for the purpose of illustration ('sample code') provided that you agree: 
  • (i) not to use our name, logo, or trademarks to market your computer product in which the sample code is embedded;
  • (ii) to include a valid copyright notice on your computer product in which the sample code is embedded;

and  

• (iii) to indemnify, hold harmless, and defend us and our suppliers  from and against any claims or lawsuits, including attorneys' fees, that  arise or result from the use or distribution of the sample code. 

• e. Open Source License Restrictions. Because certain third party license terms require that computer code be generally 
  • (i) disclosed in source code form to third parties;
  • (ii) licensed to third parties for the purpose of making derivative works;

  or  

  • (iii) redistributable to third parties at no charge (collectively, 'open source license terms'),  the license rights that each party has granted to any computer code (or  any intellectual property associated therewith) do no include any  license, right, power or authority to incorporate, modify, combine  and/or distribute that computer code with any other computer code in a  manner which would subject the other's computer code to open source  license terms. Furthermore, each party warrants that it will not provide or give to the  other party computer code that is governed by open source license  terms. 

• f. Affiliates Rights. You may sublicense the rights  contained in this section to your affiliates, but your affiliates may  not sub-license these rights and your affiliates’ use must be  consistent with these license terms contained herein. 

• g. Reservation of rights. All rights not expressly granted in this section are reserved. 

3. CONFIDENTIALITY.

The terms and conditions of this agreement are confidential, and any and all information identified by either party as 'confidential' and/or 'proprietary', or which, under all of the circumstances, ought reasonably to be treated as confidential and/or proprietary ('confidential information'),  will not be disclosed by the receiving party to any third person  without the express consent of the other party except under the terms of  this agreement for five (5) years following the date of its disclosure.  These confidentiality obligations shall not apply to any information  which, 

• (i) became known to receiving party from a source other than  disclosing party other than by the breach of an obligation of  confidentiality owed to disclosing party, 
• (ii) is, or becomes, available to the general public other than through a breach by the receiving party, or 
• (iii) is developed through the independent efforts of the receiving party.

We may use any technical information we derive from providing services  related to our products for problem resolution, troubleshooting, product  functionality enhancements and fixes, and for our knowledge base. We  agree not to identify you or disclose any of your confidential  information in any item in the knowledge base.  

4. WARRANTIES, DISCLAIMER.

• a. NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY  APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ALL REPRESENTATIONS, WARRANTIES,  AND CONDITIONS WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT  LIMITED TO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF TITLE, NON  INFRINGEMENT, SATISFACTORY CONDITION OR QUALITY, MERCHANTABILITY AND  FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY SERVICES, OR OTHER  MATERIALS OR INFORMATION PROVIDED BY US. 
• b. Application of local laws. If applicable law  gives you any implied terms, despite the exclusions and limitations in  this agreement, then to the extent permitted by applicable law, your  remedies are limited as determined by us, in the case of services to  either 
  • (i) re-supply of the services or 
  • (ii) the cost of the re-supply of the services (if any), and in the case of goods to either
    • (i) replacement of the goods 

    or  

    • (ii) correction of defects in the goods. 

    The order in which these limited remedies are provided will be determined by us.  

    
    

     

5. LIMITATION OF LIABILITY, EXCLUSIONS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• 1) OUR TOTAL LIABILITY IS LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE SERVICES REGARDLESS OF THE REASON FOR YOUR CLAIM; 
• 2) NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY  CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES LOSS OF PROFITS  OR LOSS OF BUSINESS, FOR ANY MATTER RELATED TO THIS AGREEMENT, ANY  SERVICES, OR ANY OTHER MATERIALS OR INFORMATION WE PROVIDE, EVEN IF  ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS  REASONABLY FORESEEABLE, AND 
• 3) IN THE EVENT SERVICES OR ANY SERVICES ARE PROVIDED TO YOU FREE OF  CHARGE, OUR TOTAL LIABILITY TO YOU WILL NOT EXCEED CAD$5.00 OR ITS  EQUIVALENT IN LOCAL CURRENCY.THIS EXCLUSION OF LIABILITY DOES NOT APPLY  TO EITHER PARTY'S LIABILITY TO THE OTHER FOR VIOLATION OF ITS  CONFIDENTIALITY OBLIGATION, THE OTHER PARTY'S INTELLECTUAL PROPERTY  RIGHTS, OR IN THE EVENT OF FRAUD, GROSS NEGLIGENCE OR INTENTIONAL  MISCONDUCT OR FOR DEATH OR PERSONAL INJURY CAUSED BY THAT PARTY'S  NEGLIGENCE. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE  EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL  DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. 

 6. TAXES.

The amounts to be paid to us under this agreement do not include any  foreign, U.S. federal, state, provincial, local, municipal or other  governmental taxes (including without limitation any applicable value  added, or sales or use taxes) that are owed by you solely as a result of  entering into this agreement. We are not liable for any taxes that you  are legally obligated to pay. All such taxes (including but not limited  to net income or gross receipts taxes, franchise taxes, and/or property  taxes) shall be your financial responsibility. 

 7. TERMINATION.

Either party may terminate this agreement if the other party is  

• (i) in material breach or default of any obligation that is not cured within 30 calendar days notice of such breach or 
• (ii) fails to pay any invoice that is more than 60 calendar days outstanding. 

You agree to pay all fees for services performed and expenses incurred. 

 8. MISCELLANEOUS.

This agreement constitutes the parties' entire agreement concerning the  subject matter hereof, and supersedes any other prior and  contemporaneous communications. All notices, authorizations, and  requests given or made in connection with this agreement must be sent by  post, express courier, or facsimile to the addresses indicated by both  parties. Notices will be deemed delivered on the date shown on the  postal return receipt or on the courier, or facsimile confirmation of  delivery. You may not assign this agreement without our written consent,  which consent will not be unreasonably withheld. You and we agree to  comply with all international and national laws that apply to this  agreement. This agreement is governed by the laws of the State of  Washington if the services were purchased in the United States, the laws  of Ireland if purchased in any country or region in Europe, Middle East  or Africa ('EMEA'), or the laws of the jurisdiction  where the affiliate delivering the services is located if purchased  outside the United States or EMEA. Any action brought under this  agreement shall be brought in federal or state court in the State of  Washington if the services were purchased in the United States, the  courts of Ireland if the services were purchased in any country or  region in EMEA, or the courts of the jurisdiction where the affiliate  delivering the services is located if purchased outside the United  States or EMEA. Notwithstanding, this does not prevent either party from  seeking injunctive relief with respect to a violation of intellectual  property rights or confidentiality obligations in any appropriate  jurisdiction. The sections regarding restrictions on use, fees,  confidentiality, ownership and license, no other warranties, limitations  of liability, termination, and miscellaneous of this agreement, will  survive any termination or expiration of this agreement. If a court  holds any provision of this agreement to be illegal, invalid or  unenforceable, the remaining provisions will remain in full force and  effect and the parties will amend the agreement to give effect to the  stricken clause to the maximum extent possible. No waiver of any breach  of this agreement will be a waiver of any other breach, and no waiver  will be effective unless made in writing and signed by an authorized  representative of the waiving party. Apart from the payment of any  amounts due, neither party shall be liable for performance delays or for  non performance due to causes beyond its reasonable control. It is the  express wish of the parties that this agreement be drawn up in English. 

 9. QUERYTEL CONTRACTING ENTITY.

The QueryTel contracting entity for this agreement is QueryTel Inc.  Canada if you are located in the following countries/regions: Australia,  Bangladesh, Hong Kong, India, Indonesia, Korea, Malaysia, New Zealand,  Philippines, Singapore, Sri-Lanka, Taiwan, Thailand, and Vietnam. The  QueryTel contracting entity for this agreement is QueryTel Inc. Canada,  Limited if you are located in any country in Europe, Middle East or  Africa. Last updated: January 2019 

These license terms are an agreement between QueryTel Corporation (or  based on where you live, one of its affiliates) and you. Please read  them. They apply to the software named above, which includes the media  on which you received it, if any. The terms also apply to any QueryTel  

• updates,
• supplements,
• Internet-based services, and
• support services

for this software, unless other terms accompany those items. If so, those terms apply.
By using the software, you accept these terms. If you do not  accept them, do not use the software. As described below, using some features also operates as your consent to  the transmission of certain standard computer information for  Internet-based services.  

If you comply with these license terms, you have the rights below.

• 1. INSTALLATION AND USE RIGHTS. You may install and use one copy of the software on your device.
• 2. SCOPE OF LICENSE. The software is licensed, not  sold. This agreement only gives you some rights to use the software.  QueryTel reserves all other rights. Unless applicable law gives you more  rights despite this limitation, you may use the software only as  expressly permitted in this agreement. In doing so, you must comply with  any technical limitations in the software that only allow you to use it  in certain ways. You may not
  • disclose the results of any benchmark tests of the software to any third party without QueryTel's prior written approval;
  • work around any technical limitations in the software;
  • reverse engineer, decompile or disassemble the software, except and  only to the extent that applicable law expressly permits, despite this  limitation;
  • publish the software for others to copy;
  • rent, lease or lend the software;
  • transfer the software or this agreement to any third party; or
  • use the software for commercial software hosting services.
• 3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
• 4. DOCUMENTATION. Any person that has valid access  to your computer or internal network may copy and use the documentation  for your internal, reference purposes. 
• 5. EXPORT RESTRICTIONS. The software is subject to  United States export laws and regulations. You must comply with all  domestic and international export laws and regulations that apply to the  software. These laws include restrictions on destinations, end users  and end use. For additional information, see www.querytel.com/terms-and-conditions-1 
• 6. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it. 
• 7. ENTIRE AGREEMENT. This agreement, and the terms  for supplements, updates, Internet-based services and support services  that you use, are the entire agreement for the software and support  services. 
• 8. APPLICABLE LAW.
  • a. United States. If you acquired the software in the United States,  Washington state law governs the interpretation of this agreement and  applies to claims for breach of it, regardless of conflict of laws  principles. The laws of the state where you live govern all other  claims, including claims under state consumer protection laws, unfair  competition laws, and in tort. 
  • b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
• 9. LEGAL EFFECT. This agreement describes certain  legal rights. You may have other rights under the laws of your country.  You may also have rights with respect to the party from whom you  acquired the software. This agreement does not change your rights under  the laws of your country if the laws of your country do not permit it to  do so. 
• 10. DISCLAIMER OF WARRANTY. The software is  licensed "as-is." You bear the risk of using it. QueryTel gives no  express warranties, guarantees or conditions. You may have additional  consumer rights under your local laws which this agreement cannot  change. To the extent permitted under your local laws, QueryTel excludes  the implied warranties of merchantability, fitness for a particular  purpose and non-infringement. 
• 11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES.  You can recover from QueryTel and its suppliers only direct damages up  to CAD $5.00. You cannot recover any other damages, including  consequential, lost profits, special, indirect or incidental damages. This limitation applies to
  
   
  • anything related to the software, services, content (including code)  on third party Internet sites, or third party programs; and 
  • claims for breach of contract, breach of warranty, guarantee or  condition, strict liability, negligence, or other tort to the extent  permitted by applicable law. 
  • It also applies even if QueryTel knew or should have known about the  possibility of the damages. The above limitation or exclusion may not  apply to you because your country may not allow the exclusion or  limitation of incidental, consequential or other damages.  

LogMeIn (LMI) Rescue is a 3rd party remote assistance product that is  currently used to provide remote support to QueryTel customers.  QueryTel support uses the Enterprise version of LogMeIn Rescue as the  primary Remote Desktop Assistance tool to troubleshoot and resolve  customer issues. 

With LogMeIn Rescue, QueryTel support engineers can view or share  control of the remote computer, chat, and highlight sections of the  customer's screen without the need to pre-install software. 

LogMeIn Rescue differs from other remote access products from LogMeIn  and other companies in that it is a reactive, permission-based support  tool. No permanent software is installed on customer's PC/device in  order to deliver support that requires remote access, and QueryTel  support engineers can only remotely access a QueryTel customer's PC with  that customer's explicit permission - permission that must be granted  each and every time a customer requests support. Support from QueryTel  will be initiated from this site only. 

This product information should not be considered an endorsement or  support by QueryTel. QueryTel may discontinue use of this tool without  prior notice.