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Quark is not the manufacturer of third-party software or other third-party hardware (hereinafter “third-party-products”) and such third-party products have not been created, reviewed, or tested by Quark, the Quark affiliated companies or their licensors. (Quark affiliated companies shall mean any person, branch, or entity controlling, controlled by or under common control with Quark or its parent or a majority of the Quark shareholders, whether now existing or formed in the future, together with any person, branch, or entity which may acquire such status in the future.)
Quark, the Quark affiliated companies and/or their licensors make no warranties, either express or implied, regarding the Quark products/services and/or third-party products/services, their merchantability, or their fitness for a particular purpose. Quark, the Quark affiliated companies and their licensors disclaim all warranties relating to the Quark products/services and any third-party products/services. All other warranties and conditions, whether express, implied, or collateral, and whether or not, made by distributors, retailers, xtensions developers or other third-parties are disclaimed by Quark, the Quark affiliated companies and their licensors, including without limitation, any warranty of non-infringement, compatibility, or that the software is error-free or that errors can or will be corrected. Third-parties may provide limited warranties as to their own products and/or services, and users must look to said third-parties for such warranties, if any. Some jurisdictions, states or provinces do not allow limitations on implied warranties, so the above limitation may not apply to particular users.
In no event shall Quark, the Quark affiliated companies, and/or their licensors be liable for any special, indirect, incidental, consequential, or punitive damages, including, but not limited to, any lost profits, lost time, lost savings, lost data, lost fees, or expenses of any kind arising from installation or use of the Quark products/services, in any matter, however caused and on any theory of liability. If, notwithstanding the foregoing, Quark, the Quark affiliated companies and/or their licensors are found to have liability relating to the Quark products/services or third-party products/services, such liability shall be limited to the amount paid by the user to Quark for the software/services at issue (excluding third-party products/services), if any, or the lowest amount under applicable law, whichever is less. These limitations will apply even if Quark, the Quark affiliated companies, their licensors and/or their agents have been advised of such possible damages. Some jurisdictions, states or provinces do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply. All other limitations provided under applicable law, including statutes of limitation, shall continue to apply.
In the event any of these provisions are or become unenforceable under applicable law, such provision shall be modified or limited in its effect to the extent necessary to cause it to be enforceable.
Use of the Quark products is subject to the terms of the end-user license agreement or other applicable agreements for such product/service. In the event of a conflict between such agreements and these provisions the relevant agreements shall control.
Quark, the Quark logo, QuarkXPress, Quark Publishing Platform, Quark Interactive Designer, Job Jackets, Composition Zones, XTensions, QuarkXTensions, QuarkCopyDesk, QuarkDispatch, the XTensions logo, Quark Alliance, QuarkConnects and other Quark related marks which Quark may adopt from time to time are trademarks or registered trademarks of Quark Software, Inc. and its affiliates in the U.S. and/or other countries.
All other marks are the property of their respective owners. Any omission of such marks from any product is regretted and is not intended as an infringement on such marks.
©2023 Quark Software, Inc. as to the content and arrangement of this material. All rights reserved.
Quark Software, Inc. has a license to U.S. Patent No. 5,490,216.
©1986-2023 Quark Software, Inc., and its licensors as to the technology. All rights reserved.
Quark Software, Inc. owns all right, title and interest in and to the following United States Patents: 5,490,216, 5,541,991, 5,907,704, 6,005,560, 6,052,514, 6,081,262, 6,633,666 B2, 6,947,959 B1, 6,940,518 B2, 7,116,843, 7,463,793; and other patents pending.