QDA Miner is an easy-to-use qualitative data analysis software for organizing, coding, annotating, retrieving, and analyzing collections of documents and images. QDA Miner qualitative data analysis tool may be used to analyze interview or focus group transcripts, legal documents, journal articles, speeches, even entire books, as well as drawings, photographs, paintings, and other types of visual documents. QDA Miner offers more computer assistance for coding than any other qualitative research software on the market, allowing you to code and analyze documents more quickly but also more reliably. QDA Miner’s seamless integration with WordStat, a content analysis and text mining software and SimStat, a statistical analysis tool, gives you unprecedented flexibility to analyze text and relate its content to structured information, including numerical and categorical data.
WHO USES QDA MINER?
QDA Miner qualitative data analysis software can be used by anyone who needs to code text or pictures, annotate, search, explore and extract information from small or large collections of documents and images, including:
- Researchers in social sciences, medicine, and psychology
- Sociologists, political scientists and ethnographers
- Business intelligence analysts, market researchers, pollsters, and CRM professionals
- Crime analysts, fraud detection experts, lawyers, and paralegal professionals
- Journalists, historians and research assistants
- Document management specialists and librarians
WHY USE QDA MINER QUALITATIVE DATA ANALYSIS SOFTWARE ?
MORE COMPUTER ASSISTANCE ON CODING
QDA Miner offers more computer assistance for coding than any other qualitative research software on the market, allowing you to code documents more quickly but also more reliably. Other qualitative research tools typically offer a single text search tool to extract sentence or paragraphs containing specific words or phrases (what we call a Boolean search). QDA Miner offer not just one but seven text search and retrieval tools, allowing you to achieve more reliable coding in less time. Let’s look at some of these:
- The Keyword Retrieval tool can search in a single pass for hundreds of keywords and key phrases related to the same idea or concept, allowing you to locate all references to a single topic, no matter which words were used to express this idea.
- The Section Retrieval tool is ideal to automatically retrieve and tags sections in structured documents, allowing you, for example, to quickly attach codes, to turn in interview or focus group transcripts, or code a specific section in a collection of reports sharing the same structure.
- The Query by Example tool can be trained to retrieve text segments having similar meaning to the examples you feed in. It will expand and refine its search based on the relevance feedback you provide.
- The Cluster Extraction tool will group similar sentences or paragraphs into clusters and allow you to code these using a flexible drag-and-drop editor. It is very useful to quickly code large amounts of short text items such as open-ended responses, Twitter feeds and customer feedback. A real timesaver!
- The Code Similarity search will retrieve all text segments similar those that have already been coded, allowing you to identify sentences or phrases you may have missed. It may also be used to speed up the coding of partially coded projects. One may even search for items similar to codes defined in previous coded projects.
- The Date and Location extraction tool is ideal to quickly locate and tag references to events or to geographic locations. One may then attach specific codes, geotags or time tags to the retrieved items.
MORE COMPUTER ASSISTANCE FOR ANALYZING
QDA Miner integrates statistical and visualization tools such as clustering, multidimensional scaling, heatmaps, correspondence analysis and sequence analysis. It can also compute statistical tests such as Chi Square, Pearson Correlation and so on, to help you identify the strongest relationships. No need to purchase separate statistical software or transfer data to another application. You can quickly identify patterns and trends, explore patterns in your coding, as well as describe, compare and test hypotheses without the need to even leave the software. This is one of the reasons why QDA Miner is considered by many to be the first and still only true, mixed methods qualitative software on the market today.
MORE ASSISTANCE IN REPORT WRITING
QDA Miner offers more assistance for reporting than any other QDA software. You can easily create, within QDA Miner, presentation-quality graphics such as bar charts, pie charts, bubble charts and concept maps, and export them as required to Microsoft Word, Excel, Powerpoint, HTML and other popular formats. Also, its unique Report Manager tool allows you easy, single-location storing of queries and analysis results; tables and graphs; as well as research notes and quotes. It also helps you organize information, structure findings, and draft interpretations, or to assemble any other relevant pieces of information that you may wish to include in your final report. Once you are ready, the structured information may be exported to Microsoft Word, RTF or HTML for final editing.
MORE ASSISTANCE FOR TEAMWORK
Large qualitative research projects often require the effort of multiple coders. QDA Miner offers assistance in such situation by providing enhanced teamwork support features like a flexible multi-user settings tool that allows you to define for each team worker what they can or cannot do. QDA Miner will assist you in duplication and distribution of projects to team members. It also provide a powerful merge feature bringing together, in any single project, codings, annotations, reports, and log entries of different coders working independently. It also offers a unique inter-raters agreement assessment module, that may be use to ensure the coding reliability of multiple coders.
MORE COMPUTER ASSISTANCE FOR LARGER PROJECTS
A single QDA Miner project can hold tens of thousands of documents, or hundreds of thousands of short text responses. Even with such large projects, the software will use a limited amount of computer resources (memory & CPU time). Our development team has spent a great deal of time optimizing the software for speed, so even when performing complex searches, advanced statistical analysis, or when creating large reports, QDA Miner will responds quickly.
QDA Miner is an easy to use qualitative analysis software for organizing, coding, annotating, retrieving, and analyzing collections of documents and images. QDA Miner offers more computer assistance for coding than any other qualitative research software on the market, allowing you to code documents more quickly but also more reliably. The qualitative data analysis software integrates advanced statistical and visualization tools to quickly identify patterns and trends, explore patterns in your coding, as well as describe, compare and test hypotheses. This is one of the reasons why QDA Miner is considered by many to be the first and still only true, mixed methods qualitative software on the market today.
IMPORT FROM MANY SOURCES
QDA Miner allows you to directly import content in multi-languages from many sources:
- Import documents: Word, PDF, HTML, PowerPoint, RTF, TXT, XPS, ePUB, ODT, WordPerfect.
- Import data files: Excel, CSV, TSV, Access
- Import from statistical software: Stata, SPSS
- Import from social media: Facebook, Twitter, Reddit, YouTube, RSS
- Import from emails: Outlook, Gmail, MBox
- Import from web surveys: Qualtrics, SurveyMonkey, SurveyGizmo, QuestionPro, Voxco, triple-s
- Import from reference management tools: Endnote, Mendeley, Zotero, RIS
- Import news transcripts from the LexisNexis and Factiva output files
- Import graphics: BMP, WMF, JPG, GIF, PNG. Automatically extract any information associated with those images such as geographic location, title, description, authors, comments, etc. and transform those into variables
- Import from XML databases
- ODBC database connection is available.
- Import projects from qualitative software: NVivo, Atlas.ti, Qdpx files
- Import and analyze multi-language documents including right-to-left languages
- Monitor a specific folder, and automatically import any documents and images stored in this folder or monitor changes to the original source file or online services.
ORGANIZE YOUR DATA
Several features allow you to easily organize your data in ways that make your coding and analysis process straightforward:
- Quickly group, label, sort, add, delete documents or find duplicates.
- Assign variables to your documents manually or automatically using the Document Conversion Wizard, ie: date, author, or demographic data such as age, gender, or location.
- Easily reorder, add, delete, edit, and, recode variables.
- Filter cases based on variable values or whether a document contains codes or not.
- Transform coded text into variables.
- This is very useful to extract relevant metadata from unstructured documents or transform an unstructured project into a structured one.
MANAGE YOUR CODEBOOK
Creating a codebook is an important step in a qualitative data analysis project. QDA Miner provides dedicated tools that help you create and manage your codebook in a creative way:
- Easily create and edit a codebook.
- Assign a color and a memo to a code.
- Associate a list of keywords to code to easily retrieve text segments that contain those keywords.
- Dictionaries created using WordStat may be imported into QDA Miner and transformed into codes and categories.
- Save your codebook on disk in a separate file so it can be imported and used for another project.
PERFORM ON-SCREEN CODING
Code text segments and images with an intuitive qualitative tagging process:
- Use on-screen coding and annotation of texts and images with easy drag and drop assignment of codes to text segments and images.
- Use the grid view mode that provides a convenient and very efficient way to code open-ended questions or short comments.
- Several features offer greater flexibility and ease-of-use, such as code splitting, merging, easy resizing of coded segments, interactive code searching and replacement, or virtual grouping.
- Add hyperlinks to text selection or coded segments so you can move to a web page, file, another case in your project, or other coded or uncoded text segments.
- Display a graphical overview of the coding of your current document to get a quick glimpse of the spatial distribution of the coding.
SPEED UP YOUR CODING
Code your documents more quickly and more reliably with seven text search and retrieval tools:
- The Keyword Retrieval tool can search for hundreds of keywords and key phrases related to the same idea or concept, allowing you to locate all references to a single topic.
- The Section Retrieval tool is ideal to automatically retrieve and code sections in structured documents.
- The Query by Example tool can be trained to retrieve text segments having similar meanings to the examples you feed in.
- The Cluster Extraction tool will group similar sentences or paragraphs into clusters and allows you to code these using a flexible drag-and-drop editor.
- The Code Similarity search will retrieve all text segments similar to those that have already been coded. One may even search for items similar to codes defined in previous coded projects.
- The Date and Location extraction tool is ideal to quickly locate and tag references to dates or geographic locations.
ANALYZE, VISUALIZE, EXPLORE
- Use an interactive word cloud and word frequency table to obtain words frequency on any document variable or on results of retrieval operations (text, coding, section or keyword retrieval) as well as for a single document or for text displayed in the grid view.
- Analyze codes frequency, explore connections between codes using Cluster Analysis, Link Analysis, Sequence Analysis or Multidimensional Scaling,
- See the relationship between variable values and codes using Crosstabs, Correspondence Analysis, or Heatmaps.
- Compute statistical tests such as Chi-Square, Pearson Correlation, and so on, to help you identify the strongest relationships. No need to purchase a separate statistical software.
- Create a grid containing all coded text segments and/or comments and get a compact view of coded material using the Quotation Matrix.
PLOT EVENTS USING GIS MAPPING AND TIME TAGGING
All these innovative features make QDA Miner the most powerful geotagging qualitative tool on the market:
- Associate geographic and time coordinates to text selection or to any coded text segment or graphic area, allowing one to locate events both in space and time.
- Geographic coordinates can be imported from KML or KMZ files or cut from Google Earth and pasted into QDA Miner. One may then easily jump from a geo-link to Google Earth.
- A flexible link-retrieval tool may be used to filter and select relevant geo-linked or time-tagged events and display them either on a geographic map or a timeline.
- In QDA Miner, users can retrieve coded data, based on time and location, and plot events on timelines and maps.
USE THE INTEGRATED GEOCODING SERVICE
Transform references to cities, states/provinces, countries, postal codes, and IP addresses into geographical coordinates. The GISViewer mapping module allows you to create interactive plots of data points, distribution maps, and heat maps.
GET UNPARALLELED TEAMWORK SUPPORT
QDA Miner supports teamwork in highly effective ways. Dedicated functions make collaboration an easy task:
- Enhanced teamwork support features like a flexible multi-users settings tool allow you to define for each team worker what they can or cannot do.
- Get assistance in duplication and distribution of projects to team members.
- A powerful merge feature bringing together, in any single project, codings, annotations, reports, and log entries of different coders working independently.
- A unique inter-rater agreement assessment module may be used to ensure the coding reliability of multiple coders.
A powerful command log keeps track of every project access, coding operation, transformation, query, and analysis performed. Useful to document the qualitative analysis process and supervising teamwork.
EXPORT AND SHARE RESULTS
In QDA Miner, you can easily create presentation-quality graphics such as bar charts, pie charts, bubble charts, and concept maps, and save them as an image (png, jpeg or BMP, WMF, EMF). Tables with statistics can also be easily exported to disk in different file formats including Word, Excel, CSV, HTML, XML, and delimited ASCII files, allowing the data to be further analyzed using a statistical program. QDA Miner statistical tables can export statistics directly to SPSS, Stata 8 to 15 or Tableau Software.
WHAT’S NEW IN VERSION 2023
NEW FILE FORMAT FOR FULL UNICODE SUPPORT
QDA Miner now supports WordStat’s .pprj file format allowing improved support for all human languages. While the prior version of QDA Miner could be used to analyze text in almost any language, string variables and codes could only be written using ANSI characters associated with the Windows code page. Version 2023 remove such limitation. When an existing .ppj file is open, QDA Miner 2023 will ask to convert the current project into the new format. A new project file with the same name and in the same location but with a .pprj file extension will be created, keeping the original .ppj file untouched. If needed, one may still work on or export to the prior .ppj file format.
IMPORTATION OF QDA MINER LITE 3.0 PROJECT FILES
Like QDA Miner 2023, the QDA Miner Lite 3.0 free software now fully support Unicode and store data in a new file format with a .qlt file extension. QDA Miner 2023 can now import this new .qlt file format as well as the .qdp files created with versions 1.x and 2.x of QDA Miner Lite.
AUTOMATIC SYNCHRONIZATION FEATURE FOR TEAMWORK
Some large-scale qualitative projects may involve multiple coders working on the same set of data simultaneously. The synchronization feature allows the project administrator to automate the entire process of distributing, retrieving, merging and sending back projects to all team members with a single click of a button.
NEW REDACT FEATURES FOR REMOVING SENSITIVE INFORMATION
QDA Miner offers two methods for removing confidential or sensitive information from coded texts: a destructive method and a non-destructive method. In the destructive method, the text to be obliterated is replaced with black rectangles. On the other hand, the non-destructive method involves masking the text by displaying it with a black font on a black background. When using the non-destructive method, only the display in the main document window is affected. No information is lost, and users can easily view the hidden text by selecting it in the document window. The redacted text remains visible as well when retrieved from any of the search function in QDA Miner, allowing users to see the full text. The non-destructive method is especially useful when printing hard copies of documents with sensitive information blacked out.
PRINTING OF DOCUMENTS WITH CODE MARKS AND MEMOS
There are some situations where one may need to produce a printed copy of documents along with existing codings and memos such as when one needs to include coded documents in a report or have the coding reviewed by another team member. QDA Miner 2023 allows one to print either the current document or all documents with options to set different margin sizes, redact some text segments, set a header with the case descriptor, the current date, and page numbers, and print memos either at the end of the document or, when printing all documents, on separate pages.
FAST SEMI-AUTOMATIC SPELLING CORRECTION
QDA Miner now offers a very efficient way to identify and correct all misspelled words in a project. This semi-automatic process will go through all documents of the projects and identify all words that are not in the selected spelling dictionary. It will also automatically offer suggested replacements for most of the words taking into account not only the similarity with a known word but its presence and frequency into the corpus being analyzed.
It will even attempt to suggest spelling corrections for words that may not be in the spelling dictionary, such as proper nouns, technical terms, or neologisms.
IMPORTATION OF 10-K AND 10-Q FINANCIAL FILINGS
A new importation routine enables users to import specific sections of 10-K and 10-Q financial filings, and store them separately or merge them into single documents. The extraction routine automatically recognizes the company’s name, time period (quarter and year), and stores them as variables for easy analysis.
EXPORT QUALITATIVE ANALYSIS RESULTS TO POWER BI
QDA Miner now offers seamless integration with Microsoft Power BI, allowing users to export text analysis results and metadata to Power BI Desktop for interactive dashboards and reports. By exporting qualitative analysis results and metadata to Power BI Desktop, users can create compelling visualizations, gain deeper insights from their data, and easily share their findings with others.
PUSH CO-OCCURRENCE DATA TO GEPHI OR NETDRAW.
With the new option available from the Dendrogram page, users can now export co-occurrence data, along with additional information such as frequency and cluster number, to social network analysis software like Gephi and NetDraw. These tools provide powerful visualizations that help users identify patterns and relationships within their data. Gephi offers layout algorithms and interactive features for real-time exploration, while NetDraw provides visualization options for network graphs.
CUSTOM CHART PALETTES
QDA Miner 2023 introduces a new feature that allows users to create custom color palettes. This feature provides greater control over the colors used for charts, word clouds, clustering, and other visualizations, enabling users to customize their output to suit their specific needs.
ENHANCED CLUSTER EXTRACTION SETTINGS
Buttons may now be used to tight or loose the criteria used for grouping resulting in either less or more items being clustered together.
IMPROVED CODING RETRIEVAL DIALOG FEATURE
The coding retrieval feature now includes buttons to add a memo to a coded segment, edit or delete such a memo as well as change or remove the code associated with a specific text segment.
IMPROVED MEMO RETRIEVAL DIALOG BOX
The memo retrieval dialog box now includes buttons to add a memo to a coded segment, edit or delete such a memo as well as change or remove the code associated with a specific text segment.
Per consultare i termini e le condizioni d’uso della casa produttrice del Software Provalis Research, cliccare qui
Throughout the term of this Agreement and subject to its terms and conditions, Provalis Research Corp. (hereinafter “Provalis”) authorises CLIENT to use the Provalis proprietary computer program(s) identified in the relevant invoice, (hereinafter the “Software”) in consideration for the price mentioned in the relevant invoice.
The CLIENT will use the Software for the purposes described in Section 3.1 and will comply with the conditions described herein.
Subject to the terms and conditions expressed herein, Provalis hereby grants CLIENT a non-exclusive licence to use the Software, for the duration specified in the relevant invoice, in machine readable form, on up to two computers, provided that there is no chance it will be used simultaneously on more than one computer.
3.2 Software Ownership
CLIENT acknowledges that no right, title or interest, other than the right to use the Software in the manner described herein, is transferred by the present Agreement. CLIENT agrees that Provalis is and shall remain owner of all copyright, trade secret, patent, trademark and other proprietary rights in and to the Software. The technical procedures, processes, systems, methods of operation, and concepts which are embodied within the Software are trade secret information of Provalis and/or its licensor(s). This licence is not a sale of a copy of the Software and does not render CLIENT the owner of a copy of the Software.
CLIENT may not make copies of the Software, except those copies which are needed for backup purposes. CLIENT will advise its employees who are granted access to the Software of the restrictions upon duplication, reverse engineering, disclosure and use contained in this Agreement. CLIENT will be liable for any unauthorised copying, reverse engineering, disclosure and/or use by its employees or agents.
The CLIENT shall not, without the express prior written consent of Provalis:
a) use the Software under any name other than that of CLIENT;
b) lease, rent, sell, pledge, convey, assign, sublicense, loan, distribute or otherwise transfer to any third party the Software, in whole or in part, or any copy thereof, or any derived works or adaptations based thereupon;
c) subject to what is allowed in Section 3.1, use the Software licensed under an Academic license in any manner to provide computer services to third parties;
d) transfer to any third party any of CLIENT’s rights under this Agreement or otherwise encumber or offer the Software as security; or
e) modify, translate, convert to another programming language, or prepare derived works or adaptations from the Software.
CLIENT shall not modify, dismantle, or decompile or allow anyone to modify, dismantle, or decompile the Software or any portion thereof in any possible way. CLIENT further agrees that it shall not use the Software to assist in the development or design of a computer program that is intended to provide substantially similar functionality as the Software. The Software shall not be used to develop, nor shall CLIENT market, any conversion utility or aid specific to the Software enabling or facilitating users to convert from the Software or a database created by using the software to an alternative software or alternative database not marketed by Provalis.
4. OBLIGATIONS OF CLIENT
CLIENT shall be responsible for ensuring the security of the Software, as to physical and electronic intrusions. In particular, in order to protect the trade secrets included in the Software, CLIENT shall protect the areas of the CLIENT’s premises and computing infrastructure where the Software is installed or stored, with adequate security measures so as to prevent unauthorised persons from gaining access and restrict access to those persons having a need to access the Software.
4.1.2 Damage to Software
CLIENT shall be responsible for any damage to the Software.
CLIENT acknowledges that Provalis shall have no control over the conditions under which CLIENT and its employees use the Software and CLIENT therefore agrees to assume the responsibility of the results obtained from the Software provided to CLIENT by Provalis.
Any notice, request, instruction, legal proceedings or other instrument to be given, served, or provided under this Agreement by either party shall be deemed given and received when in writing and delivered personally or five (5) days after being sent by certified or registered mail (postage prepaid) properly addressed to the intended recipient of Provalis or CLIENT, at the address of each as indicated in the header of this Agreement, provided that either party may change such address, only by written notice to the other party.
6. EXPRESS RIGHTS
6.1 Intellectual Property
Provalis warrants that it has the right to grant this licence to use the Software as contemplated hereunder. Subject to the limitations of Section 10, Provalis will indemnify CLIENT and hold CLIENT harmless against any damages awarded in a final judgement against CLIENT, arising out of any claim, by a third party, that the Software infringes or violates any copyright, trademark or trade secret rights of such third party, in Canada or the United States, provided that:
a) CLIENT notifies Provalis promptly in writing of any notice of any such claim;
b) CLIENT cooperates with Provalis in all reasonable respects in connection with the investigation and defence of any such claim;
c) CLIENT has not prejudiced Provalis position’s in any way, by, without limiting the generality of the foregoing, its admissions and/or declarations; and
d) Provalis has and retains at all time sole control of the defence of any action on any such claim and all negotiations for its settlement or compromise.
Should the Software become, or in Provalis’ opinion be likely to become, the subject of a claim of copyright, patent or trademark infringement or trade secret misappropriation, in Canada or the United States, CLIENT will permit Provalis, at Provalis’ option and expense, either to:
i) procure for CLIENT the right to continue using the Software;
ii) replace or modify the same so that it becomes non-infringing; or
iii) terminate this licence, return to the CLIENT the price of the license minus linear (straight line) depreciation calculated monthly over:
– three (3) years from the date of the purchase of the Software, in the case of perpetual licenses,
– twelve (12) months from the date of the purchase of the Software, in the case of annual licenses, and accept the return of the Software.
Notwithstanding anything herein to the contrary, however, Provalis shall have no obligation or liability to CLIENT under any provision of this Sub-Section if any copyright, patent or trademark infringement or trade secret misappropriation claim is based upon:
f) the use of other than a current unaltered release of Software if the infringement would have been avoided by the use of a current unaltered release of Software;
g) the combination, operation or use of any Software with any programs, software or equipment not provided by Provalis, if the infringement would have been avoided by the combination, operation or use of Software with other programs, software or equipment;
h) the use of the Software in other than the operating environment specified for it by Provalis if the infringement would have been avoided by use in the operating environment specified by Provalis;
i) the use of or access to the Software in a manner other than that for which it was furnished by Provalis; or
j) the use of any Software which has been modified by or for CLIENT in such a way as to cause it to become infringing.
CLIENT expressly agrees to allow Provalis to disclose the existence of the Agreement and the fact that CLIENT is a client of Provalis.
7.1 Confidential Information
CLIENT acknowledges that the Software as well as any technical information, design concepts, methods, processes, procedures, formulae, or algorithms contained therein constitute trade secrets, are given access to by Provalis to CLIENT in confidence, and contain proprietary and confidential information.
Each party shall use the same care to prevent disclosure of the confidential information of the other party to third parties as it employs to avoid disclosure, publication, or dissemination of its own information of a similar nature, but in no event less than a reasonable standard of care.
– CLIENT further agrees that it will not, under any circumstances except as expressly authorised hereby, distribute or disseminate any information contained in or disclosed by the Software, including but not limited to any technical information, design concepts, methods, processes, procedures, formulae, or algorithms, to any person except to those of its employees and/or other users with a need-to-know and whose access is necessary for CLIENT’s use as set forth above. This does not prevent the user from communicating to third parties the results of processing data with the Software.
CLIENT will take appropriate action with such employees and/or other users, to inform them of the trade secret, proprietary and confidential nature of the Software, to obtain their compliance with the terms of this section and to have them accept in writing the confidentiality obligations contained herein or similar confidentiality obligations, of similar stringency. In the event that CLIENT, or any of its present or former employees and/or other users breaches the confidentiality obligations of this Agreement, CLIENT shall be jointly and severally liable to Provalis for any loss incurred by Provalis resulting directly or indirectly from such breach.
The Parties acknowledge and agree that the Software, as well as all other information in whatever medium disclosed to CLIENT hereunder are unique and commercially valuable and that any breach by a party of the terms of this Agreement with respect to protection against disclosure or distribution of such information would result in an irreparable and continuing injury to the other party, for which money damages would be inadequate. In the event of such a breach or anticipated breach by one party, the other party shall be entitled to immediate injunctive relief and to specifically enforce the terms of this Agreement, in addition to any other remedy to which such other party may be entitled at law or in equity.
8. LIMITED WARRANTY
During a period of ninety (90) days from the execution of this license, Provalis will make reasonable efforts to correct any material failure of the Software to so conform or perform substantially in accordance with its documentation, provided that: a) CLIENT promptly gives Provalis detailed written notice, in the form required by Provalis, of any such claimed failure to so conform or perform; b) Provalis is able, using reasonable means, to reproduce and identify the error; c) such failure to so conform or perform is not, in Provalis’ reasonable opinion, a result of any modification of or damage to the Software or its operating environment or of CLIENT’s failure to operate or access to the Software through the proper hardware and software environment; d) such failure to so conform or perform is not, in Provalis’ reasonable opinion, a result of the interaction of the Software with other software or hardware not provided, installed or configured by Provalis; and e) such failure to so conform or perform is not, in Provalis’ reasonable opinion, a result of the Software having been subjected to negligence, unauthorised access or use, or computer or electrical malfunctions.
In the event that Provalis shall fail or be unable for any reason to correct any failure of the Software to substantially conform to or perform substantially in accordance with its documentation, CLIENT may terminate this licence and cease using the Software and benefit from its use, and shall be reimbursed for the price of the license minus linear (straight line) depreciation calculated monthly over:
– three (3) years from the date of the purchase of the Software, in the case of perpetual licenses,
– six (6) months from the date of the purchase of the Software, in the case of annual licenses,
Such remedy shall be the CLIENT’s sole remedy.
9. DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8 ABOVE, ANY WARRANTY, EXPRESS OR IMPLIED, OFFERED BY THE LAW OR USAGE OF TRADE, INCLUDING WITHOUT LIMITING THE FOREGOING, ANY WARRANTIES OF QUALITY, ABSENCE OF LATENT DEFECTS, ACCURACY, PERFORMANCE, SUITABILITY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS HEREBY EXCLUDED. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8 ABOVE, THE ENTIRE RISK IN CONNECTION WITH THE QUALITY AND THE OPERATION OF THE SOFTWARE IS ASSUMED BY THE CUSTOMER.
IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8 ABOVE, PROVALIS DOES NOT WARRANT AND ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, LEGALITY, ACCURACY, RELIABILITY, COMPLETENESS OR UTILITY OF A DECLARATION, OF A NOTICE, OF A SERVICE OR ANY OTHER INFORMATION BASED ON THE RESULTS OF THE USE OF THE SOFTWARE.
10. LIMITATION OF LIABILITY
IN NO EVENT WILL PROVALIS BE LIABLE TO CLIENT OR ANY OTHER PERSON FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, OR OTHER INDIRECT,SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY INFORMATION, PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED BY PROVALIS UNDER THIS AGREEMENT OR THE USE THEREOF, EVEN IF PROVALIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IT IS SPECIFICALLY UNDERSTOOD BETWEEN THE PARTIES THAT PROVALIS SHALL HAVE NO LIABILITY WHATSOEVER CONCERNING DAMAGES ARISING OUT OF OR RELATING TO THE USE OF THE SOFTWARE. IT IS FURTHER UNDERSTOOD THAT PROVALIS SHALL ALSO HAVE NO LIABILITY WHATSOEVER CONCERNING DAMAGES ARISING OUT OF OR RELATING TO UNAUTHORISED ACCESS, ALTERATION OR DESTRUCTION, BY ANY THIRD PARTY, OF A DATABASE, THE CLIENT’S COMPUTER SYSTEM OR THE CLIENT’S FILES OR DOCUMENTS.
THE AGGREGATE LIABILITY OF PROVALIS UPON ANY CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY INFORMATION, DATA, PRODUCTS OR SERVICES PROCESSED, FURNISHED OR TO BE FURNISHED BY PROVALIS UNDER THIS AGREEMENT WILL IN ANY EVENT BE ABSOLUTELY LIMITED TO THE AMOUNT PAID TO PROVALIS BY CLIENT UNDER THIS AGREEMENT FOR THIS LICENCE TO USE THE SOFTWARE.
11. FEES AND PAYMENTS
CLIENT shall pay to Provalis the price set in the relevant invoice for the use of the Software, within thirty (30) days after the reception of an invoice from Provalis. Late payment may carry interest at a rate of 1% per month and 12% per year, at Provalis’ discretion. Provalis shall have and retain the right to disable CLIENT’s license in case CLIENT has not paid such amount after ninety (90) days without a valid reason.
12. TERM AND TERMINATION
This Agreement shall be effective commencing on the Effective Date and represents a licence to use the Software installed by Provalis, subject to the conditions described herein, for the duration specified in the relevant invoice.
12.2 Termination for Breach
Either party may terminate this Agreement upon written notice to the other party if the other party materially breaches the terms of this Agreement and such default continues uncorrected for a period of ten (10) days after notice in writing thereof to such other party. The fact that one of the parties is adjudged bankrupt; makes a proposal for the benefit of its creditors; has a receiver appointed; files a petition of bankruptcy; initiates reorganisation proceedings; causes or permits to occur any similar event under the laws of its domicile; or ceases to conduct its operations in normal course of business; or is wound up will be interpreted as a default under the terms of the present Agreement.
12.4 Effect of Termination
Upon termination of this Agreement, CLIENT will, within fifteen (15) days: a) return all whole or partial copies of the Software to Provalis; b) destroy any copy of the Software, any relevant documentation or results and certify to Provalis, in writing, that all copies not returned to Provalis have been destroyed. Upon termination, all licences granted pursuant to this Agreement and any maintenance and support agreement executed by both parties will also cease. CLIENT shall pay immediately any and all sums then owing to Provalis hereunder together with interests, if any, accrued on said sums.
CLIENT undertakes, during the term of this agreement and for a period of twelve (12) months after the termination of this Agreement, not to employ or attempt to employ an employee of Provalis. Should CLIENT be in default with respect to the aforementioned obligation, and should CLIENT not cure this default within three (3) days of the reception of a written notice by Provalis, CLIENT shall pay to Provalis, as anticipated damages and not as a penalty, a sum equivalent to the employee’s total remuneration, including benefits, during the six (6) months preceding its employment by CLIENT.
Sub-Sections 3.2, 3.3, 3.4, 6.1 and Sections 7, 9, 10, 12 and 13 will survive the termination of this Agreement.
13. FINAL PROVISIONS
13.1 Entire Agreement
This Agreement sets forth the entire agreement and understanding between Provalis and CLIENT regarding the subject matter hereof and supersedes any prior representations, advertisements, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter.
The failure by either party at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this Agreement. The waiver of any default by either party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed.
13.3 No Partnership or Joint Venture
It is expressly understood that this Agreement does not constitute and shall not be construed as constituting a partnership or joint venture between Provalis and CLIENT, and that both parties shall remain independent of one another. Neither party shall have the necessary legal authority to bind the other in its absence with regards to any agreement or contract.
This Agreement is written in the English language, at the request of the parties. / Cette entente est rédigée en langue anglaise, à la demande des parties.
Every provision of this Agreement shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Agreement, and all other provisions shall remain in full force and effect.
13.6 Choice of Law and Forum
This Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws applicable within the Province of Quebec, Canada. Any action between Provalis and CLIENT will be venued in a competent court situated within the Judicial District of Montréal, in the Province of Quebec, Canada, and CLIENT irrevocably submits itself to the personal jurisdiction of such courts for such purpose.
13.7 Force Majeure
Each party shall not be in default or otherwise liable for any delay in or failure of its performance as per this Agreement should the cause of such default be beyond its control or due to a case of force majeure. Are deemed to be force majeure any unpredictable and irresistible event and any foreign cause which presents the same characteristics, notably, without limiting the foregoing, the causes beyond Provalis’ control, fire, electrical failures, failures of a telecommunication network or part thereof, floods and other acts of God, accidents, labour disputes, extra-ordinary supplying difficulties, civil unrest, orders, regulations, laws and other governmental interventions, riots, civil or military interventions and act of war (declared or not).
13.8 Assignment and Binding Effect
Provalis may assign, delegate and/or otherwise transfer this Agreement or its rights and obligations hereunder to any person or entity. CLIENT may not assign, delegate or otherwise transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of Provalis. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
Copyright © 2004-2018 Provalis Research Corp. All rights reserved. No part of this publication may be reproduced or distributed without the prior written permission of Provalis Research Corp., 1604-1255 Robert Bourassa Blvd, Montreal, QC, H3B 3X3, CANADA.
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