Last Modified: 15 June 2009; 12:00 PM Central African Time (GMT +2)

Read these Terms and Conditions of Use carefully before using this website. Usage of this website indicates acceptance of these Terms and Conditions of Use. If you do not accept these Terms and Conditions of Use, do not use this website.

The services that are provided by MQS DMS are subject to the following Terms and Conditions of Use. The right to amend these Terms and Conditions of Use at any time without any prior notice is reserved. The current Terms and Conditions of Use can be viewed by following the appropriate hypertext link at the official website of MQS DMS. You should visit this webpage from time to time to review the current Terms and Conditions of Use as they are binding on you. Certain provisions of these Terms and Conditions of Use may be superseded by expressly designated legal notices or terms located on particular pages at this website. If any of the Terms and Conditions of Use is breached, your authorization to use the website and any affiliated services automatically terminates. In such a case, you must immediately destroy and downloaded or printed materials and cease to use the services provided.

MQS DMS authorizes you to view and download the materials at this website for private, non-commercial usage. This is subject to you retaining all copyright and other proprietary notices contained in the original materials on any copies of the original materials. You may not modify either the materials provided at this website or the website itself, and may not reproduce, publicly display, perform, distribute or otherwise use the materials provided or the website itself for any commercial or public purpose. The usage of the materials provided or the website itself in any form of networked computer environment is strictly prohibited. Materials provided at this website may be subject to copyright, and any unauthorized usage of these materials may violate copyright, trademark and other laws.

MQS DMS may, through its website or other associated internet properties, provide the end user with a variety of services, which may include, but not be limited to, development utilities, download areas, product information and utilities designed to allow users to communicate directly with each other. These services, including any and all updates or enhancements or new services are subject to the Terms and Conditions of Use.

You agree to use the services only to conduct business that is relevant to the service (when applicable) and to limit usage of the service to posting and to sending and receiving messages and materials that are considered proper. By means solely as an example, and not as limitations, you agree not to:

1. Participate in surveys, contests, chain letters, junk electronic mail such as spamming and other duplicative messages (commercial or otherwise), or pyramid schemes using the services.
2. Upload, post, distribute, publish or disseminate any name, topic, material or information that is considered inappropriate, defamatory, unlawful, obscene, indecent or profane.
3. Violate the rights of other users of the services (such as rights of privacy or publicity) by, but not limited to, stalking, abusing, threatening, defaming or harassing other users of the services.
4. Make materials such as files, photographs, software or other material available, by uploading or by any other means that are protected by intellectual property laws, including, but not limited to, trademark and copyright laws, or by rights of privacy or publicity, unless you either own or control the rights thereto, or have received all necessary consent to do the same.
5. Upload materials that contain viruses, trojan horses, worms, timebombs, cancelbots, that are corrupted, or other similar materials that may damage either the computer of, or other property of another.
6. Offer to buy and sell any goods or services or advertise for any business purpose whatsoever, unless the service allows for it.
7. Use any materials including, but not limited to, photographs, information, images or documents, which are made available on the services in any manner that would infringe upon any trademark, patent, copyright, trade secret or any other right of any party.
8. Violate any applicable laws or regulations.
9. Prevent, by means of, but not limited to, restriction or inhibition, any other user from using the services.
10. Contravene any guidelines or code of conduct that may be applicable for any service.
11. Obtain any materials made available by other users of the service that you know, or reasonably should know, cannot be legally reproduced, performed, distributed and or displayed in any manner.
12. Delete, remove, falsify, or edit any copyright information such as, but not limited to, author attributes, proprietary designations or other proper notices, or labels containing the origin or source of any materials, contained in any materials that are made available on the services.
13. Create a false identity for the purpose of misleading others.
14. Collect any information about other users, including, but not limited to, electronic mail addresses, personal details or addresses, by any means including, but not limited to, harvesting of information or obtaining information through spyware or similar software.
15. Have in your possession, use, download or otherwise copy, or provide to any person or entity and form of directory of users of the services, including, but not limited to, user or usage information or any part or portion thereof, whether or not such material would be provided for any fee.

MQS DMS is under no obligation to monitor the services. However, the right to do so, including the right to review any materials posted to the services and the right to remove any materials from the services at its sole discretion is reserved. The right to terminate your access to any or all of the services at any time for any reason whatsoever is also reserved. Materials that are provided on the services may be subject to limitations on usage, reproduction and or dissemination that must be posted along with the original materials. You are responsible for adhering to all such limitations should you choose to make use of the materials. The right at all times to disclose any information as deemed fit to satisfy any applicable law, regulation, legal process or governmental request, or to edit, remove any materials or refuse to post any materials in whole or in part at the its sole discretion is reserved. No liability related to the content of any materials available on the services or from the content of any communications made through the services, whether or not arising under the laws of libel, privacy, copyright, obscenity or otherwise, or any actions or consequences arising from your usage of the services is accepted. The content of the materials available on the services is neither endorsed nor controlled by MQS DMS. Managers and hosts of the services are not authorized spokespersons, and the views they express do not necessarily reflect the views of MQS DMS.

The materials and or services offered are for personal and non-commercial usage. Unless specifically stated, you may not copy, modify, transmit, perform, display, reproduce, license, transfer, publish, create any derivatives from or sell any materials obtained through the services and or this website.

Under no circumstances and in no event will MQS DMS, its suppliers, or any other third-party mentioned at this website be liable for any special, indirect or consequential damages or any damages whatsoever (including, without limitation, damages resulting from lost profits, lost data or interruptions to business) arising out of the use, or inability to use, or the results of use of this website, any website linked to this website, or the materials or services contained at any or all such websites, whether based upon warranty, contract, tort or any other legal theory, and whether or not MQS DMS has been advised of the possibility of such damages. If using the materials and or services available at this website results in need for servicing, repair or correction of equipment or data, you assume all costs thereof. Applicable laws may not allow the exclusion or limitation of consequential or incidental damages, so these limitations or exclusions may not apply to you.

You may not use either the materials or the services offered for any purpose that is unlawful or prohibited by these Terms and Conditions of Use and any associated notices, nor may you obtain or attempt to obtain any materials through any means not intentionally made available by MQS DMS. You may not use the services in any manner that could disable, impair, damage or overburden any MQS DMS server or any server that hosts the services, or the network or networks connected to any such server, nor may you use the services in any manner that would interfere with another party's use of the services. You may not attempt to gain unlawful or unauthorized access to any services, other accounts, computer systems or networks connected to any MQS DMS server or any server hosting any of the services, or to any of the services through any means, including, but not limited to, hacking or password mining.

Any materials and services provided at this website are provided "as is" without warranties of any kind, including, but not limited to, warranties of merchantability, whether express, implied or statutory, fitness for a particular purpose, or title and non-infringement of intellectual property. The obligations of MQS DMS with respect any materials or services provided are governed solely by the agreements under which they are provided, and nothing at this website should be construed to alter any such agreements. Further, MQS DMS does not warrant the accuracy and completeness of the materials and or services offered at this website. The right to make changes to the materials and or services at this website, or to the products offered and the prices described in them at any time without notice is reserved. The materials and or services offered at this website may be out of date, and no commitment to update the materials and or services at this website is made by MQS DMS. The information at this website may include or refer to materials and or services that are not available in your country, consult with MQS DMS for information regarding the materials and or services available to you. Applicable laws may not allow the exclusion of implied warranties, so this exclusion may not apply to you.

Refer to the Privacy Policy for information regarding the collection and usage of personal information.

Any software that is made available for download through this website and or the services may be copyrighted works, the copyright belonging to the manufacturer of the software and or its suppliers. Usage of any software available from this website and or the services is subject to, and governed by, the terms of the End User License Agreement, if any, which accompanies or is included with the software. You may not download or install any software that is accompanied by, or includes an End User License Agreement unless you have read and accepted the terms thereof. Software is made available for download solely for usage by end users in accordance with the End User License Agreement. No software may be reproduced or redistributed except as provided for in the applicable End User License Agreement. Any breach of the applicable End User License Agreement may result in severe civil and criminal charges and or penalties. MQS DMS accepts no liability for any such charges and or penalties howsoever incurred. Without limiting the foregoing, any copying or reproduction of any software to any other server or location for further reproduction or redistribution is expressly prohibited, unless expressly provided for in the applicable End User License Agreement. Any software that is provided is provided subject to the Disclaimers and Limitations of Liability as stated at this Terms and Conditions of Use webpage, under the headings "Disclaimers" and "Limitations of Liability" respectively. MQS DMS may make tools and or utilities available for use and or download through its website and or services. No assurances with regards the accuracy of the results or outputs derived from usage of any such tools and or utilities. Respect the intellectual property rights of others when using the tools and or utilities made available at this website or through the associated services.

Permission to use documents such as, but not limited to, white papers, datasheets, Frequently Asked Questions and press releases, that are made available at this website or through the associated services is granted, provided that the following points are observed:

1. Usage of any such documents is limited to informational and non-commercial or personal usage, and any such documents will not be copied or posted on any network computer or broadcast in any media.
2. Any such documents are not modified in any way.
3. Any such documents are subject to the Disclaimers and Limitations of Liability as stated at this Terms and Conditions of Use webpage, under the headings "Disclaimers" and "Limitations of Liability" respectively. The following copyright and permission notice must appear in all copies of any such documents:
   1. MQS DMS and or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published as part of the services for any purpose. All such documents and related graphics are provided "as is" without warranties of any kind, including, but not limited to, warranties of merchantability, whether express, implied or statutory, fitness for a particular purpose or title and non-infringement of intellectual property. In no event shall MQS DMS and or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever (including, without limitation, damages resulting from lost profits, lost data or interruptions to business) arising out of the use, or inability to use, or the results of use of any such documents whether based upon warranty, contract, tort or any other legal theory, and whether or not MQS DMS has been advised of the possibility of such damages.
   2. The documents and related graphics published on the services may include either technical inaccuracies and or typographical errors. The information herein is periodically changed. MQS DMS and or its suppliers may make changes and or improvements in the product / products, programme / programmes, hardware and technical information described herein at any time without any prior notice.
4. Accredited education institutions may download and reproduce any such documents for distribution in the classroom. Any distribution outside the classroom requires express written permission.
5. Any other usage for any other purpose is expressly prohibited, and any such usage may result in severe civil and criminal charges and or penalties. MQS DMS accepts no liability for any such charges and or penalties howsoever incurred.

Documents specified above do not include either the design or the layout of the MQS DMS website, or any and all other MQS DMS owned, operated, licensed or controlled website. Elements of this website are protected by trade dress, trademark, unfair competition and other laws and may not either be copied and or imitated in part or in whole. No materials, including, but not limited to, any and all logos, sounds, or images from any MQS DMS owned, operated, licensed or controlled website may be in any way or form copied or retransmitted unless expressly permitted by MQS DMS.

Should you be required to create an account for any of the services, you must complete any registration procedures by providing MQS DMS with information as prompted by the registration form that is current, complete and accurate. You will be entitled to choose both a password and a username. The responsibility for maintaining the confidentiality of both your user account and your password falls on you, as well as the responsibility for any and all activities conducted under your account. You agree to notify MQS DMS of any unauthorized access and or usage of your account as well as for any and all security breaches. MQS DMS accepts no liability for any loss you may incur as a result of someone else using your user account and or password, either with or without your knowledge and or consent. You can be held liable for any losses incurred by MQS DMS or any other party due to someone else using your user account and or password. You may not use anyone else's user account at any time unless you have the permission of the account holder to do so.

MQS DMS does not want nor wish to receive confidential and or proprietary information from any user through this website. MQS DMS does not claim ownership of any materials you may provide (including any and all feedback and suggestions) or that you post, submit, input or upload to any of the services or any associated services for review by the general public or by any and all members of any public or private community. Any materials or communications either transmitted or posted to this website will be considered non-confidential and non-proprietary. MQS DMS will have no obligations with regards to any materials or communications, and reserves the right to remove any submission at any time at its sole discretion. By posting, uploading, submitting or inputting any suggestions to this website or associated services, you are granting MQS DMS, its affiliated companies, any designees and necessary sub-licensees permission to copy, disclose, incorporate, distribute, transmit, publicly display and perform, reproduce, edit, translate, reformat, and otherwise use any submission (including, but not limited to, all data, images, sounds, photographs, text, and other things embedded therein) for any and all commercial and non-commercial purposes (including, but not limited to, all Internet business activities and all services), to publish your name in connection with your submission and the right to sublicense such rights to any supplier of any and all the services.

The posting of, or transmission of any materials to or from this website that are unlawful, defamatory, threatening, libellous, pornographic, obscene, or any other materials that would violate any law is prohibited. No compensation will be paid with respect to the use of any submissions to this website as provided herein. By posting a submission you represent and warrant that you own or otherwise control all of the rights associated with your submission, including, but not limited to, the rights necessary for you to post, upload, submit or provide the submissions.

In addition to the representation and warranty set forth above, the posting of a submission that contains images, photographs, pictures or that is otherwise graphical in whole or in part warrants and represents that you:

1. Are either the copyright owner of such materials, or that the owner of the copyright of such materials has granted you the permission required to use such materials and or any content and or images contained in such materials, in a manner that is consistent with the manner and purpose of your use and as otherwise prescribed by these Terms and Conditions of Use and or the associated services.
2. Have the rights necessary to grant both the licenses and the sublicenses as described by these Terms and Conditions of Use.
3. Have obtained the necessary consent of each person depicted in such materials, if any, and they have consented to the usage of such materials as set forth in these Terms and Conditions of Use, including, but not limited to, the distribution, public display and or reproduction of such materials.

By posting such materials, you grant access to both all members of any private community you may belong to through the services (for all such materials available to all members of such a private community) and or to the general public (for all such materials available anywhere on the services or at this website other than in a private community) permission to use such materials in connection with the use, as permitted by these Terms and Conditions of Use, of any of the services, including, but not limited to, making prints and gift items which include such materials, and including, without any limitation, a non-exclusive, worldwide, royalty-free license to copy, transmit, distribute, publicly display and or perform, edit, translate, reproduce and reformat any such materials without having your name attached to any such materials, and with the necessary rights to sublicense any such rights to any supplier of any of the services. Any licenses granted in the preceding sentences for such materials shall terminate at the time you completely remove any such materials from the services, providing that, such termination shall not affect any licenses granted in connection with such materials prior to the time you completely remove such materials. No compensation will be payable with respect to the usage of such materials.

Any materials submitted to MQS DMS for the purpose of receiving products or services that contain personally identifiable information will be handled in terms of the Privacy Policy.

MQS DMS and or any of its employees do not consider or accepted any unsolicited ideas, including any and all ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans, services, or new product names. Do not send any original creative samples, demos, artwork or any other works. This is to avoid potential misunderstandings or disputes when marketing strategies or products offered by MQS DMS might seem in any form similar to any ideas submitted. Do not send unsolicited ideas to MQS DMS or any of its employees. If such materials are sent, understand that MQS DMS makes no assurances that such materials will be treated as either confidential and or proprietary.

You may create hypertext links to this website from other websites, provided that you adhere to the following guidelines and that you are in compliance with all applicable laws.

Any website that links to the official website of MQS DMS:

1. May link to but not replicate any content.
2. May not create any form of border environment or browser around any content.
3. May not imply endorsement of any of the website and or any of its products.
4. May not present false information about MQS DMS or its products and or services.
5. May not misrepresent any form of relationship with MQS DMS.
6. May not use the corporate and or any other MQS DMS logo without express, prior, written permission.
7. May not contain any content or materials or offer any services that could be construed as offensive, distasteful or controversial, and must contain only content that is considered appropriate for all age groups.

Any hypertext links to third-party websites will allow you to leave this website and are provided solely as a convenience to you. MQS DMS has not reviewed all of these third-party websites, and does not control the content of the linked website and or the content of any link contained in a linked website. MQS DMS is not responsible for the contents of any linked website, nor the content of any link contained within a linked website nor any changes or updates to any such sites. Accordingly, no representations or endorsements are made regarding these websites, the materials they contain, the services that may be offered and or any results that may be obtained by making use of such websites. MQS DMS accepts no liability and or responsibility for any webcasting or other forms of transmission received from any linked website. If you decide to access any third-party website linked to this website, you do so entirely at your own risk.

All trademarks and or registered trademarks displayed at this website and indicated by the usage of the appropriate symbols ("™" and or "®") are the trademarks and or registered trademarks of their respective companies and or their subsidiaries worldwide.

All copyrighted materials, including, but not limited to, images, photographs, sounds, documents and or text, displayed at this website and indicated by the usage of the appropriate symbol ("©") are copyright of their respective companies and or their subsidiaries worldwide.

The trademarks, registered trademarks and or copyrights may extend to various third-parties, including, but not limited to, licensees and or suppliers, in accordance with the trademarks, registered trademarks and or copyright owners' policies and business interests in various countries worldwide. The usage of such information at this website is granted through the policies and procedures of the respective trademarks, registered trademarks and or copyrights owners.

© Copyright 2009; MQS DMS. All rights reserved.

The MQS DMS logo and the corporate tagline are trademarks and or registered trademarks of MQS DMS and may not be reproduced in any form whatsoever without the prior express written permission of MQS DMS. Any person or entity found to be in violation of this may be prosecuted to the maximum extent possible.

For contact details, refer to the appropriate webpage at this website.

The following information has been provided exclusively for notifying MQS DMS that your copyrighted material may have been infringed. MQS DMS is registered as a service provider in accordance with applicable laws. Any notifications of claimed copyright infringement must be sent to the designated agent.

1. The designated agent is Shaun Odendaal.
2. Any notifications must be sent to:
   5 Skeen Boulevard, Bedfordview, Johannesburg, 2007, Gauteng, Republic of South Africa
3. The telephone number where the designated agent may be reached is:
   +27 (0) 11 022-2482
4. The facsimile number where the designated agent may be reached is:
   +27 (0) 86 505-5407
5. The electronic mail address where the designated agent may be reached is:
   sodendaal@mqsdms.com

To be effective, the notification of claimed copyright infringement must include the following:

1. Either a physical or an electronic signature of a person who is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification in the form of a description of the copyright work claimed to have been infringed. If multiple copyrights works at a single online website are covered by a single notification, a representative list of such works at that website is required.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled. Information reasonably sufficient to permit the service provider to locate the materials in question.
4. Reasonably sufficient information to permit the service provider to contact the complaining party, such as an address, telephone number, facsimile number, mobile telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that the use of the materials in question in the manner complained of is not authorized by the copyright owner, its agent / agents and / or the law.
6. A statement that the information provided in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.

Upon receipt of such a written notification containing the information as detailed in points 1 through to 6 above, the service provider:

1. Shall remove or disable any and all access to the materials that are alleged to be infringing.
2. Shall forward the written notification to any such alleged infringer.
3. Shall take reasonable steps to promptly notify the alleged infringer that it has removed or disabled any and all access to the materials in question.

The alleged infringer may supply the service provider with a counter notification disputing claims of alleged copyright infringement. For the counter notification to be effective, it must include substantially the following:

1. Either a physical or an electronic signature of the alleged infringer.
2. Identification in the form of a description of the materials that have been removed or to which access has been disabled, and the location at which the materials appeared before they were removed or access to them was disabled.
3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the materials were removed or access to them was disabled as a result of misidentification of the materials to be removed or disabled, or mistake.
4. The alleged infringer's name, address, telephone number and a statement that the alleged infringer consents to the jurisdiction of the Magistrates Court for the magisterial district in which the address is located or, if the address is located outside of the Republic of South Africa, for any judicial district in which the alleged infringer may be found, and that the alleged infringer will accept the service of process from the person who provided notification or an agent of such person.

Upon receipt of such a counter notification containing the information as detailed in points 1 through to 4 above, the service provider:

1. Shall promptly provide the complaining party with a copy of the counter notification.
2. Shall inform the complaining party that it will replace the removed materials or cease disabling access to them within ten (10) working days.
3. Shall replace the removed materials or cease disabling access to them within ten (10) to fifteen (15) working days following receipt of the counter notification, provided the designated agent of the service provider has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the materials on the service provider's network or system.

Any communications not relevant to claimed copyright infringement made to the designated agent will not receive a response.

MQS DMS administers this website from its offices in Johannesburg, in Gauteng, in the Republic of South Africa. No representation is made that the materials and or services offered at this website are appropriate or available for usage outside of the Republic of South Africa, and any access to this website and or the services from countries or territories where their content is illegal is prohibited. You may not use, export, or re-export any of the materials and or services offered at this website or any copy or adaptation thereof in violation of any applicable laws and or regulations, including, but not limited to, South African export laws and regulations. Should you choose to access this website from outside the Republic of South Africa, you do so upon your own initiative and are responsible for complying with applicable local laws. These Terms and Conditions of Use will be governed by and construed in accordance with the laws of the Republic of South Africa, without giving any effect to any principles of conflicts of laws.

MQS DMS complies with the "Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)" as amended. Details of this compliance may be found by following the appropriate hypertext link found at this website.

MQS DMS complies the "Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)" as amended. Details of this compliance may be found by following the appropriate hypertext link found at this website.

Any rights not expressly granted herein are reserved. Should you have any further queries, contact us immediately with "Terms and Conditions of Use" as the subject, the contact details being available at this website on the appropriate webpage.