Privacy Policy

At Qstrom, LLC (“Qstrom”), we believe it is important to protect and respect the privacy of our customers and guests. We are committed to ensuring your privacy as a guest and a customer as set forth below, and we know you care about how your personal information is collected, used, and shared.

This Privacy Policy describes our policies and practices in the areas of: Notice, Disclosure of Collected Information, Security, and Enforcement. We urge you to read this Privacy Policy so that you will understand our commitment to both you and your privacy, and how you can participate in that commitment.

1. Notice

a. General. In general, you can browse the www.qstrom.com website (the “Site”) without telling us who you are or revealing any personal information about yourself. We will ask you when we need information that personally identifies you or allows us to contact you (“Personal Information”). Generally, this information is requested when you contact us for information or place an order for our products or services. We use your Personal Information for the following primary purposes:

i) To facilitate your orders of our products and services.

ii) To make our Site easier for you to use by not having to enter information more than once.

iii) To alert you to service changes, policy changes, customer account status and security issues, special offers, updated information and other new services from our company, affiliates, and business partners.

b. Collected Information. Qstrom may collect information from you in several different ways including the following:

i) Registration. In order to purchase or download products from Qstrom or use the services offered by this Site, you will need to contact us by email at sales@qstrom.com or call us at (214) 507-0555 and create an account with us. During the purchasing process, you are required to give certain contact information, including your name, email address, and mailing address. We use this information to contact you about the products and services on our Site in which you have expressed interest and to facilitate further re-orders.

ii) Log Files. As is true of most websites, we gather certain information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and movements around the Site, and to gather demographic information about our user base as a whole. We do not link this automatically-collected data to personally identifiable information.

iii) Correspondence. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities, we may collect such information into a file specific to you.

iv) Supplementation of Information. In order to provide certain services to you, we may supplement the personal information you submitted to us with information from third-party sources.

c. Site Usage. Qstrom may monitor your activities, preferences, and transactional data (such as your IP address) relating to your use of the Site and/or services and log this information. This information may be used to diagnose Site technical problems or problems with your account.

d. Cookies. Cookies are data files that are written onto your computer by a website, and stay there unless they expire or are removed by you. Cookies enable us to recognize your computer when you revisit the Site, and recall your Site preferences to enhance your experience in using the Site. We do not use cookies to collect or use any information about your visits to other websites and do not knowingly allow any third party to create cookies or otherwise collect any information from our Site. Consult your browser Help menu to learn more about how you can configure your browser software to notify you when your computer receives a new cookie. Note that you may also be able to configure your browser to disable the creation of cookies entirely (although your full interactive use of the Site may be adversely impacted if you do this – for example, you may not be able to place on-line orders for our products). This Privacy Policy covers the use of cookies by this Site only and does not cover the use of cookies by any advertisers or third parties.

e. Service-related Announcements. We may send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. Generally, these communications are not promotional in nature. If you would like to opt-out of these communications, please contact us by email at support@qstrom.com or call us at (214) 507-0555.

f. Customer Service. Based upon the personally identifiable information you provide us, we may send you a confirmation e-mail to act as a receipt of your purchase. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account.

2. Disclosure of Collected Information

a. Information from the Site. Qstrom will never disclose to non-affiliated third parties without your prior approval, your e-mail address, phone number, or credit card information, that we collect from you via the Site or over the phone. However, we reserve the right to outsource certain activities such as credit card processing to our business partners. In such case, we will disclose to these business partners only such information as is required to facilitate your transactions, and we will make reasonable efforts to have our business partners protect and refrain from disclosing your information to other third parties. Further, Qstrom will cooperate with official law enforcement inquiries, such as fraud investigations and subpoenas, and will disclose your information when necessary to comply with state and federal laws and regulations.

b. Information Disclosed for Direct Marketing. From time to time, as marketing opportunities arise with trusted third-party companies, Qstrom may share demographic information related to our customers after a diligent review of such third-party companies services. Sharing such information will be done only through reputable third parties who have safeguards in place. Qstrom screens all companies who request information and reserves the right of refusal on any opportunity if the third party does not meet certain standards. Qstrom may, from time to time, cross market between its affiliated companies and others. However, our customers should be assured that at no time will personal e-mails be shared. Furthermore, you have the ability to opt out of any third-party offers. For more information on the opt-out arrangement, please review the section entitled “Choice/Opt-Out.”

c. Disclaimer. We cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose personal information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your personal information that they collect from the Site.

3. Security

Qstrom is committed to ensuring that your ordering information, including your customer information, is protected while you are on our Site.

4. Enforcement

If for some reason you believe Qstrom has not adhered to the principles of this Privacy Policy, please notify us by e-mail at privacy@qstrom.com, and we will do our best to determine and correct the problem promptly.

a. Limitations of Warranties and Remedies. TO THE FULL EXTENT ALLOWED BY LAW, QSTROM DISCLAIMS ALL WARRANTIES, TERMS OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTY OF NONINFRINGEMENT. QSTROM NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE AND USE OF THE PRODUCTS AND SERVICES. QSTROM’S LIABILITY WILL NOT EXCEED THE FEE PAID BY THE CUSTOMER FOR THE PURCHASE OF THE PRODUCTS AND SERVICES. IN NO EVENT WILL QSTROM BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, EVEN IF QSTROM HAS, OR SHOULD HAVE HAD, ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, OF THE POSSIBILITY OF SUCH DAMAGES.

b. Indemnification. Each of the parties acknowledges and agrees that by entering into and performing its obligations under this Privacy Policy, Qstrom will not assume and should not be exposed to the business and operational risks associated with Your business. You agree to defend, indemnify, and hold harmless Qstrom and its officers and employees against any and all third party claims, suits, costs, losses, liabilities and expenses of any kind (including reasonable attorneys’ fees) that Qstrom may incur arising out of or resulting from the use of the Site or any of the goods and services of Qstrom, the end user, or any other person.

c. Choice of Law and Venue. THIS AGREEMENT WILL BE CONSTRUED AND GOVERNED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT APPLICATION OF CHOICE-OF-LAW PROVISIONS THAT WOULD REQUIRE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION. BY ENTERING INTO THIS AGREEMENT, ALL PARTIES IRREVOCABLY SUBMIT THEMSELVES TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS IN DALLAS COUNTY, TEXAS WITH REGARD TO ANY DISPUTE RELATING TO THIS PRIVACY POLICY OR ITS ENFORCEMENT. THE PARTIES ALSO HEREBY WAIVE ANY CHALLENGE TO VENUE THEY MAY HAVE TO A LAWSUIT FILED IN A STATE OR FEDERAL COURT IN DALLAS COUNTY, TEXAS, RELATING TO A DISPUTE BETWEEN THE PARTIES RELATING TO THIS PRIVACY POLICY OR ITS ENFORCEMENT.

d. Severability. If any provision of this Privacy Policy is found to be invalid, illegal, or unenforceable, the validity, legality and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore.

e. Additional Provisions Regarding Liability. The parties agree that the foregoing limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional tortious or unlawful conduct, or damages for strict liability that may not be limited by law.

f. Notices. Any notices or other communication required or permitted to be made or given by either Party pursuant to this Privacy Policy will be in writing, in English, and will be deemed to have been duly given when delivered if delivered personally or sent by recognized overnight express courier, to the address specified herein or such other address as Qstrom may specify in writing.

All notices shall be sent to:

Qstrom LLC
15400 Knoll Trail Drive
Suite 106 LB 42
Dallas, Texas 75248

5. Additional Information

a. Links. The Site may contain links to other sites. However, please be aware that Qstrom is not responsible for and cannot control the privacy policies of such other sites. We encourage you to be aware when you leave the Site, and to read the privacy polices of each and every web site that collects personally identifiable information. This Privacy Policy applies solely to information collected by the Qstrom Site.

b. Notification of Privacy Policy Changes. We reserve the right to change this Privacy Policy at any time, and you may visit this page to learn of our revised Privacy Policy. All such changes shall be binding on you 14 calendar days after they are initially posted on the Site unless you are a new user, in which case they are binding on you immediately.

c. Choice/Opt-Out. If you would like to opt-out of receiving email communications from third parties, please contact us via e-mail at support@qstrom.com or by telephone at (214) 507-0555.

d. Access to Personal Information. If your personally identifiable information changes, or if you no longer desire some or all of our services, you may correct, update or deactivate it by making the change on our account information pages or by emailing us at support@qstrom.com or calling us at (214) 507-0555.

e. Business Transition. In the event we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of our assets, your personally identifiable information will likely be among the assets transferred.

f. Contact Us. If you have any questions or suggestions regarding our Privacy Policy, please contact us by sending an e-mail to privacy@qstrom.com.

Revision Date: 11/21/2012

Web Site Terms of Use

Qstrom LLC (“Qstrom”) provides real-time data access and financial auditing services through its proprietary DISTRICT MANAGER™ software and related services (“Services”). This Terms of Use and Conditions Agreement (“Agreement”) describes our policies and practices while you are: (1) using the www.qstrom.com website (“Site”); or (2) communicating with Qstrom through the Site.
1. Notice.

This Site is owned and operated by Qstrom LLC, a Texas limited liability company. Qstrom has the right at any time to change or discontinue any aspect or feature of the Site including, without limitation, the content and software needed for access or use of the Site. By agreeing to use this Site and its Services, you understand and agree to all terms and conditions of this Agreement. We recommend visiting our Site from time to time to learn of any changes to this Agreement. All such changes shall be binding on you 14 calendar days after they are initially posted on the Site unless you are a new user, in which case they are binding on you immediately.

2. Intended Use.

a. This Site is intended for your benefit, to become familiar with the products and services of Qstrom, and to educate you on our company and our services.

b. You understand that Qstrom does not accept any liability whatsoever for any harm that might result from any statements presented on the Site, including any third-party advertisements posted on the Site.

c. You understand that any statements by Qstrom, its employees, agents, and affiliates are provided for informational purposes only.

3. Our Products and Services.

a. Qstrom provides information about its proprietary DISTRICT MANAGER™ software through this Site. For additional information on the DISTRICT MANAGER™ software and sales related inquiries, please email Qstrom at sales@qstrom.com or telephone us at (214) 507-0555.

b. Qstrom makes no predictions, warranties, or guarantees, express or implied, about the quality of any of the services or products provided by any individual, company, or service provider utilizing the Site or featured on the Site and assumes no liability related thereto.

c. You understand that any information or analysis provided by or related to our Services are provided for information purposes only and that Qstrom makes no representation that such information or analysis is accurate or conforms to certain accounting practices or local, state, or federal tax laws. Qstrom is not liable for your reliance on such information or analysis offered by our Services or on our Site.

4. Restrictions on Use.

The viewing, printing, or downloading of any content, graphic, form, or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. No part of any informational material, form, or document may be reproduced in any way or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use such as for general bookkeeping, accounting, inventory, sales, or financial planning purposes for your business.

5. Privacy Policy.

Please see our Privacy Policy to review how information collected on the Site is used by Qstrom.

6. Use of Information and Materials.

a. The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are subject to change.

b. Unauthorized use of our Site and systems, including but not limited to unauthorized entry into our system, misuse of passwords, or misuse of any information posted on a site, is strictly prohibited.

c. Your eligibility for particular Qstrom products and services is subject to final determination by us. If you qualify to use and purchase a license to Qstrom’s proprietary DISTRICT MANAGER™ software, you consent to agree and abide by the terms and conditions set forth in Qstrom’s DISTRICT MANAGER™ Software Service Agreement.

7. Enforcement.

a. Limitations of Warranties and Remedies. TO THE FULL EXTENT ALLOWED BY LAW, QSTROM DISCLAIMS ALL WARRANTIES, TERMS OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. QSTROM NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE AND USE OF THE SERVICES. IN NO EVENT WILL QSTROM BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, EVEN IF QSTROM HAS, OR SHOULD HAVE HAD, ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, OF THE POSSIBILITY OF SUCH DAMAGES.

b. Indemnification. You agree to defend, indemnify, and hold harmless Qstrom and its officers and employees (the “Qstrom Parties”) against any and all third party claims, suits, costs, losses, liabilities, and expenses of any kind (including reasonable attorneys’ fees) that the Qstrom Parties may incur arising out of or resulting from the use of the Site or any of the products and services of Qstrom.

c. Choice of Law and Venue. THIS AGREEMENT WILL BE CONSTRUED AND GOVERNED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT APPLICATION OF CHOICE-OF-LAW PROVISIONS THAT WOULD REQUIRE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION. BY ENTERING INTO THIS AGREEMENT, ALL PARTIES IRREVOCABLY SUBMIT THEMSELVES TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS IN DALLAS COUNTY, TEXAS WITH REGARD TO ANY DISPUTE RELATING TO THIS AGREEMENT OR ITS ENFORCEMENT. THE PARTIES ALSO HEREBY WAIVE ANY CHALLENGE TO VENUE THEY MAY HAVE TO A LAWSUIT FILED IN A STATE OR FEDERAL COURT IN DALLAS COUNTY, TEXAS, RELATING TO A DISPUTE BETWEEN THE PARTIES RELATING TO THIS AGREEMENT OR ITS ENFORCEMENT.

d. Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefor.

e. Additional Provisions Regarding Liability. You and Qstrom agree that the foregoing limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional torts, or unlawful conduct or damages for strict liability that may not be limited by law.

f. Notices. Any notices or communication sent by you to Qstrom pursuant to this Agreement will be in writing and sent to the address specified herein or such other address as Qstrom may specify in writing.

All notices shall be sent to:

Qstrom LLC
15400 Knoll Trail Drive
Suite 106 LB 42
Dallas, Texas 75248

8. Additional Information.

a. Links. The Site may contain links to other sites. However, please be aware that Qstrom is not responsible for and cannot control the terms of use and conditions of such other sites. We encourage you to be aware when you leave the Site, and to read the terms of use of each and every website. This Agreement applies solely to this Site. We are not responsible for the content, accuracy or opinions expressed in such websites. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us.

b. Trademarks. Qstrom, www.qstrom.com, the DISTRICT MANAGER℠ mark, and all page headers, custom graphics, and button icons are service marks, trademarks, and/or trade dress of Qstrom. All rights are reserved. All other trademarks that may appear on the Site are the property of their respective owners.

c. Copyrights. This Site contains copyrighted material and other proprietary information, including, without limitation, downloadable files, text, software, photos, video, graphics, music, and sound. The contents of the Site are protected under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. No copying, redistribution, retransmission, publication, or commercial exploitation of downloadable material will be permitted without the express written permission of Qstrom.

d. Suggestions and Idea Submissions. Unless otherwise agreed to in writing, Qstrom does not accept unauthorized idea submissions outside of established business relationships. To protect the interests of our current clients and ourselves, we must treat the issue of such submissions with great care. Importantly, without a clear business relationship, Qstrom cannot and does not treat any such submissions in confidence. Accordingly, please do not communicate unauthorized idea submissions to Qstrom through this Site. Any ideas disclosed to Qstrom outside a pre-existing and documented confidential business relationship are not confidential and Qstrom may therefore develop, use and freely disclose or publish similar ideas without compensating you or accounting to you. Qstrom will make every reasonable effort to return or destroy any unauthorized idea submissions without detailed review of them. However, if a review is necessary in Qstrom’s sole discretion, it will be with the understanding that Qstrom assumes no obligation to protect the confidentiality of your idea or compensate you for its disclosure or use. By submitting an idea or other detailed submission to Qstrom through this Site, you agree to be bound by the terms of this Agreement.

e. Restrictions on Use of this Site. By using this Site, you represent that you are not an attorney or an agent of an attorney conducting an investigation to a potential claim related to the Site, any materials available through the Site, or Qstrom. You also represent that you are not engaging in activities in an attempt to reverse engineer the Site, portions of the Site, or any materials available through the Site.

f. Contact Us. If you have any questions or suggestions regarding this Agreement, please contact us at contact@qstrom.com.

Revision Date: 11/21/2012

Terms Of Service

DISTRICT MANAGER™

TERMS OF SERVICE AGREEMENT

Last Updated November 21, 2012

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS OF SERVICE AGREEMENT.

This Terms of Service Agreement (the “Agreement”) is entered into by and between Qstrom LLC, a Texas limited liability company (“Qstrom”), and you (the “Licensee”) as of the date of purchase of subscription services provided by Qstrom related to its District Manager™ software (the “Effective Date”). Qstrom and the Licensee are collectively referred to herein as the (“Parties”).

1. Background.

Whereas, Qstrom is the owner of an Internet-based software package, graphical user interfaces, and related materials used to aid in real-time data access and financial auditing services for storage facilities referred to generally as the District Manager™ software (the “Software”); and

Whereas, Qstrom offers services related to its District Manager™ software (the “Services”); and

Whereas, the Licensee has paid to have access to the Services from Qstrom and is desirous of acquiring certain rights to use the Software; and

Now, therefore, this Agreement sets forth the terms and conditions under which the Licensee may license the Software and receive the Services from Qstrom.

2. License.

2.1 Grant.

Qstrom grants to the Licensee a limited, nontransferable, nonexclusive license for one month to use the Services in accordance with this Agreement (the “License”).

2.2 Qstrom’s Access to Licensee data.

Licensee agrees to allow Qstrom and its District Manager™ software to access data and financial information stored on Licensee’s computers, databases, and storage media associated with the Licensee’s facility (the “Facilities”) to perform the Services. Qstrom cannot guarantee the reliability or integrity of data or other information acquired from any third party software used by the Licensee to process, store, or otherwise retrieve data from the Facilities.

2.3 Scope of the Licensee’s Rights.

a. The Licensee agrees that only the Licensee and its employees are authorized to use the Software and that the use of the Software by any other person or entity, including independent contractors and third party vendors, is prohibited under this Agreement and requires the purchase and grant of additional licenses from Qstrom.

b. The Licensee agrees that any login information, usernames, and passwords will be provided by Qstrom for the Licensee’s use only and will only be used by the Licensee.

c. The Licensee agrees that the Licensee must pay the Monthly Subscription Fees as required in Paragraph 4 of this Agreement and that failure to timely pay the Monthly Subscription Fees could result in termination of this Agreement as provided in Paragraph 4 of this Agreement.

d. The Licensee agrees that Qstrom. is and remains the owner of all title, right, and interest in the Software and in the District Manager™ mark (including without limitation any user accounts, titles, interest, computer code, themes, objects, catch phrases, locations, concepts, artwork, animations, sounds, audio-visual effects, methods of operation, any related documentation). District Manager™ and its Services are protected by United States and international laws.

e. All rights not expressly granted to the Licensee by this Agreement are reserved to Qstrom.

3. Restrictions.

No other rights to the Software are granted by this License other than those specifically set forth in Sections 1 and 2. The Licensee expressly acknowledges that:

a. although the Software may be downloaded from the Internet for free from the Qstrom website, www.qstrom.com, the Software will be not be fully functional unless Licensee pays the Monthly Subscription Fees as required in Paragraph 4 of this Agreement;

b. the Software is an Internet-based software and that Licensee is solely responsible for maintaining an adequate Internet connection and for paying all costs associated with that Internet connection and that Qstrom is not liable for the Licensee’s failure to maintain such;

c. the Software performs as intended when it is the latest version of the Software and that Qstrom will update the Software automatically from time to time on the Licensee’s hardware without the Licensee’s express consent for such updates;

d. the software and hardware requirements of the Software may change from time to time and that the Licensee is solely responsible for updating its own software and hardware to meet such requirements;

e. the Licensee will not have the right to place the Software or any subpart thereof in any form whether electronic form, print copies, or otherwise on-line, on an Internet-accessible service, server, or any other privately or publicly available network for the Licensee’s use or for use by others;

f. the Licensee will not have the right to or allow others to create derivative works, or copy, release, redistribute, rent, lease, sub-license, transfer, reverse engineer, or resell the Software or any subpart thereof, either in electronic, print, or any other form;

g. the Licensee will not have the right to circumvent, or make any efforts thereto, any encryption, password protection, or security features placed within the Software or any subpart thereof, or reverse engineer any part of the Software;

h. the Licensee will not have the right to change, amend, alter, or remove any copyright notices on any screenshots, downloadable materials, reports, instructions, training manuals, or other materials related to the Software;

i. the License is non-transferable and the Licensee will not have the right to transfer or sublicense the License to any other persons or organizations;

j. this Agreement does not grant the Licensee any rights to patents, copyrights, trade secrets, trademarks, or any other rights in the Software;

k. the Licensee acknowledges that features and functionality of the Software and Services may be added, removed, changed, or updated from time to time at Qstrom’s sole discretion; and

l. the Licensee acknowledges that from time to time Qstrom may make changes to this Agreement and that such changes will be binding on the Licensee 14 calendar days after they are initially posted unless you are a new licensee, in which case such changes are binding on the Licensee immediately.

4. Monthly Subscription Fees.

a. The Licensee must pay a non-refundable monthly service fee under this Agreement to continue to have access to the Services for each individual facility (the “Monthly Subscription Fee”). The Licensee must pay an additional Monthly Subscription Fee for each additional facility for which the Licensee desires to use Qstrom’s Software and Services.

b. The Licensee may pay for the subscription and any applicable fees by major credit card (Visa, MasterCard and American Express), check, or other such methods authorized by Qstrom.

c. The Monthly Subscription Fee will be charged to a credit or debit card authorized by the Licensee when the Licensee purchases a subscription for the Services from Qstrom. Qstrom will automatically charge subsequent Monthly Subscription Fees every month thereafter.

d. The Licensee may cancel the Services at any time upon prior written notice by the Licensee to Qstrom or by phone at (214) 507-0555. Qstrom will consider the Services cancelled within 5 business days after receipt of such notice. The already-paid Monthly Subscription Fee will not be prorated to account for Licensee’s cancellation of the Services. Any delinquent or unpaid accounts or accounts with unresolved disputes must be settled before Qstrom may allow you to subscribe again.

e. Qstrom reserves the right to change our fees or billing methods at any time. Qstrom will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by emailing the primary account holder via the email provided when the account was formed. The Licensee is responsible for reviewing notice of such changes. Qstrom will not be held liable for failure of receiving the notice. The Licensee’s continued use of the Service thirty (30) days or more after posting of the changes means that the Licensee accepts such changes. If any change is unacceptable to the Licensee, the Licensee may cancel the subscription at any time, but Qstrom will not refund any fees that may have been charged before cancellation of the subscription, and Qstrom will not prorate fees for any subscription. If the Licensee’s use of Service is subject to use or sales tax, then Qstrom may also charge you for any such taxes, in addition to the subscription or other fees.

f. Force Majeure

Licensee acknowledges that even if the Monthly Subscription Fee is paid on time and in full, Qstrom. shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Qstrom, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Qstrom’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

5. Technical Support.

a. The Licensee will have access to technical support services offered by Qstrom to help with general questions on the accessibility of the Software, the operability of the Software, and minor updates to the Software (the “Technical Support”).

b. The Licensee agrees to contact Qstrom at (214) 507-2276 or email support@qstrom.com with any questions on the Software or Service requiring the Technical Support. Qstrom will contact the Licensee and, if reasonable, will schedule a time to discuss such issues with the Licensee.

c. Qstrom will only provide Technical Support to the Licensee if the Licensee is current on all Monthly Subscription Fees in accordance with this Agreement.

6. Limitation of Warranties and Remedies.

TO THE FULL EXTENT ALLOWED BY LAW, QSTROM DISCLAIMS ALL WARRANTIES, TERMS OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF NONINFRINGEMENT, AND SATISFACTORY QUALITY IN REGARD TO THE SOFTWARE. QSTROM NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, OR USE OF THE SOFTWARE. QSTROM DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR FREE. QSTROM’S LIABILITY FOR DAMAGES OF ANY KIND, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, WILL NOT EXCEED THE LICENSE FEE PAID TO DOWNLOAD AND USE THE SOFTWARE BY THE LICENSEE FOR USE OF THE SOFTWARE. IN NO EVENT WILL QSTROM BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, EVEN IF QSTROM HAS, OR SHOULD HAVE HAD, ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, OF THE POSSIBILITY OF SUCH DAMAGES.

7. Indemnification.

The Licensee agrees to defend, indemnify, and hold harmless Qstrom and its officers, employees, assignees and agents (“Qstrom Indemnified Parties”) against any and all third party claims, suits, costs, losses, liabilities, and expenses of any kind (including reasonable attorneys’ fees) that the Qstrom Indemnified Parties may incur arising out of or resulting from the License granted hereunder or from any use of the Software, or any subpart thereof, by the Licensee, the end user, or any other person.

8. Choice of Law and Venue.

This Agreement will be construed and governed in accordance with the laws of the State of Texas without application of choice-of-law provisions that would require application of the laws of another jurisdiction. By entering into this Agreement, all parties irrevocably submit themselves to the exclusive jurisdiction and exclusive venue of the state and federal courts in Dallas County, Texas with regard to any dispute related to this Agreement or its enforcement. The Parties also hereby waive any challenge to venue they may have to a lawsuit filed in a state or federal court in Dallas County, Texas with regard to any dispute between the Parties relating to this Agreement or its enforcement.

9. Severability.

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefor.

10. Entire Agreement and Amendments.

With the sole exception of the Software License Agreement for the District Manager™ software between Qstrom and the Licensee, this Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous agreements. This Agreement may not be modified or otherwise amended except by an instrument in writing signed by the party against which enforcement is sought. In entering into this Agreement, all parties represent and warrant that they relied upon no prior representations, discussions, agreements, or negotiations not contained in this Agreement and that this Agreement constitutes the entire agreement between the parties.

11. Injunctive Relief.

Qstrom and the Licensee agree that in the event of any breach of Sections 2 or 3, Qstrom will be irreparably harmed and the full extent of the injury resulting therefrom will be impossible to calculate. Thus, Qstrom will not have an adequate remedy at law. Accordingly, the Licensee agrees that Qstrom will be entitled to injunctive relief, without bond or security or the need to prove irreparable harm, in addition to having an action at law for damages and all other relief the law may allow.

12. Notice.

All notices, requests, demands, and other communications given under or by reason of this Agreement will be in writing and will be deemed as delivered when received at:

Qstrom LLC
15400 Knoll Trail Drive
Suite 106 LB 42
Dallas, Texas 75248

13. Term and Termination.

13.1 Term.

The term of this Agreement will begin on the Effective Date and will remain in full force for as long as Licensee is current on the Monthly Subscription Fees (the “Term”).

13.2 Termination.

Qstrom reserves the right to terminate this Agreement at any time upon a material breach of this Agreement by the Licensee (the “Termination”). Upon Termination, Licensee will no longer have access to Qstrom’s Services or Technical Support.

In witness whereof, the Parties have duly executed and delivered this Agreement, upon purchase of the Services on the Effective Date.

Software License Agreement

DISTRICT MANAGER™

SOFTWARE LICENSE AGREEMENT

Last Updated November 21, 2012

READ THE AGREEMENT BELOW IN ITS ENTIRETY BEFORE INSTALLING THE DISTRICT MANAGER™ SOFTWARE OR VIEWING ANY INFORMATION OR MATERIAL CONTAINED IN THIS SOFTWARE (THE “SOFTWARE PACKAGE”). BY DOWNLOADING AND USING THE SOFTWARE PACKAGE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

THE DISTRICT MANAGER™ SOFTWARE IS ONLY FOR USE BY AUTHORIZED USERS WHO HAVE ENTERED INTO A TERMS OF SERVICE AGREEMENT WITH QSTROM LLC. ALTHOUGH YOU MAY DOWNLOAD THE DISTRICT MANAGER™ SOFTWARE FOR FREE, THE SOFTWARE WILL NOT BE FULLY FUNCTIONAL UNLESS AND UNTIL YOU ENTER INTO A TERMS OF SERVICE AGREEMENT WITH QSTROM LLC.

PLEASE CONTACT QSTROM LLC BY PHONE AT (214) 507-0555 OR EMAIL SALES@QSTROM.COM TO PURCHASE ACCESS TO THE DISTRICT MANAGER™ SOFTWARE AND OUR SERVICES, WHICH NECESSARILY REQUIRES YOUR AGREEMENT TO ALL TERMS AND CONDITIONS OF THE TERMS OF SERVICE AGREEMENT.

This Software License Agreement (the “Agreement”) is by and between Qstrom LLC, a Texas limited liability company (“Qstrom”), and you (the “User”) (collectively, the “Parties”).

1. License.

Qstrom hereby grants to the User a nonexclusive, royalty-free license (the “License”) to use the District Manager™ software and any information or material contained in this software (the “Software Package”). The User agrees:

a. that the User is an authorized user of the Software Package, as specified by a Terms of Service Agreement with Qstrom;

b. that use of the Software Package by any other person is prohibited under this Agreement and requires the purchase of additional subscriptions from the Qstrom;

c. The Licensee agrees that Qstrom. is and remains the owner of all title, right, and interest in the Software Package and in the District Manager™ mark (including without limitation any user accounts, titles, interest, computer code, themes, objects, catch phrases, locations, concepts, artwork, animations, sounds, audio-visual effects, methods of operation, any related documentation). The Software Package and its Services are protected by United States and international laws; and

d. Internet access (not supplied by Qstrom) is required at all times to access the Software Package. The Software Package alone does not give you the right to access the Software Package. You must use the Software Package to access Qstrom authorized servers on which the Software Package is hosted to access the Software Package. You are responsible for all taxes and costs of acquiring any hardware, software or other products or services required to access the Software Package. Your right to access the Software Package is subject to additional terms including the Terms of Service, Privacy Policy and the Software License Agreement; and

e. that from time to time Qstrom may make changes to this Agreement and that such changes will be binding on the User 14 calendar days after they are initially posted unless you are a new user, in which case they are binding on you immediately.

2. Express Limitations on the License.

No other rights to the Software Package are granted by this License other than those specifically set forth in Section 1, and the User expressly acknowledges that:

a. the User will not have the right to place the Software Package or any subpart thereof in any form, whether electronic, print, or otherwise on-line, on an Internet-accessible service, server, or any other privately or publicly available network for the User’s use or for use by others;

b. the User will not have the right to or allow others to create derivative works, or copy, release, redistribute, rent, lease, sub-license, transfer, or resell the Software Package or any subpart thereof, either in electronic, print, or any other form;

c. the User will not have the right to circumvent, or make any efforts thereto, any encryption, password protection, or security features placed within the Software Package or any subpart thereof, or reverse engineer any part of the Software Package; and

d. this Agreement does not grant the User any rights to patents, copyrights, trade secrets, trademarks, or any other rights in the Software Package.

3. Limitation of Warranties and Remedies.

TO THE FULL EXTENT ALLOWED BY LAW, QSTROM DISCLAIMS ALL WARRANTIES, TERMS OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF NONINFRINGEMENT, AND SATISFACTORY QUALITY IN REGARD TO THE SOFTWARE PACKAGE. QSTROM NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, OR USE OF THE SOFTWARE PACKAGE. QSTROM DOES NOT WARRANT THAT THE SOFTWARE PACKAGE WILL BE ERROR FREE. QSTROM’S LIABILITY FOR DAMAGES OF ANY KIND, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, WILL NOT EXCEED THE LICENSE FEE PAID UNDER THE TERMS OF SERVICE AGREEMENT BY THE USER OR ITS EMPLOYER FOR USE OF THE SOFTWARE PACKAGE. IN NO EVENT WILL QSTROM BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, EVEN IF QSTROM HAS, OR SHOULD HAVE HAD, ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, OF THE POSSIBILITY OF SUCH DAMAGES.

4. Indemnification.

The User agrees to defend, indemnify, and hold harmless Qstrom and its officers, employees, assignees and agents (“Qstrom Indemnified Parties”) against any and all third party claims, suits, costs, losses, liabilities, and expenses of any kind (including reasonable attorneys’ fees) that the Qstrom Indemnified Parties may incur arising out of or resulting from the License granted hereunder or from any use of the Software Package, or any subpart thereof, by the User, the end user, or any other person.

5. Choice of Law and Venue.

This Agreement will be construed and governed in accordance with the laws of the State of Texas without application of choice-of-law provisions that would require application of the laws of another jurisdiction. By entering into this Agreement, all parties irrevocably submit themselves to the exclusive jurisdiction of the state and federal courts in Dallas County, Texas with regard to any dispute related to this Agreement or its enforcement. The Parties also hereby waive any challenge to venue they may have to a lawsuit filed in a state or federal court in Dallas County, Texas with regard to any dispute between the Parties relating to this Agreement or its enforcement.

6. Severability.

This Software License Agreement is effective until terminated.

Qstrom may terminate this Software License Agreement immediately without prior notice if you fail to comply or otherwise violate the terms of this Software License Agreement or any other applicable agreement, infringing the intellectual property rights of any third party, manifestly endangering public order or good moral standards as determined by us in our sole discretion, or if Qstrom is unable to verify or authenticate any information about you that you supply through the Software Package or any other activity connected to the Software Package. We may also decide to terminate this Software License Agreement in the event that we terminate the operation of the Software Package.

You may terminate this Software License Agreement at any time by destroying all copies of the Software in your possession or control, and informing Qstrom in writing or by such means as may be implemented for such purposes by Qstrom. Upon termination of this Software License Agreement, any and all of the rights granted to you hereunder shall automatically terminate.

Promptly upon termination, you must cease all use of the Software Package and destroy all copies of the

Software in your possession or control. You acknowledge and agree that the termination of this Software License Agreement or permanent deletion of the Software may render your Account and Software Package attributes or Content unusable, for which you will not hold Qstrom in any way responsible.

7. Entire Agreement and Amendments.

With the sole exception of the Terms of Service Agreement between Qstrom and the User, this Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous agreements. This Agreement may not be modified or otherwise amended except by an instrument in writing signed by the party against which enforcement is sought. In entering into this Agreement, all parties represent and warrant that they relied upon no prior representations, discussions, agreements, or negotiations and that this Agreement constitutes the entire agreement between the parties.

8. Injunctive Relief.

Qstrom and the User agree that in the event of any breach of Sections 1 or 2, Qstrom will be irreparably harmed and the full extent of injury resulting therefrom will be impossible to calculate. Thus, Qstrom will not have an adequate remedy at law. Accordingly, the User agrees that Qstrom will be entitled to injunctive relief, without bond or security or the need to prove irreparable harm, in addition to having an action at law for damages and all other relief the law may allow.

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