QDA Miner is an easy-to-use qualitative data analysis software package for coding, annotating, retrieving and analyzing small and large 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. Its seamless integration with SimStat, a statistical data analysis tool, and WordStat, a quantitative content analysis and text mining module, gives you unprecedented flexibility for analyzing text and relating 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 provides an easy way to manage documents, and perform common qualitative analysis tasks.
TEXT MANAGEMENT FEATURES:
Storing and editing of documents in Rich Text format.
Project files organized by cases, each case can contain up to 2030 variables including multiple documents, numeric, nominal/ordinal, date or Boolean values.
Importation from various file format such as Excel, Access, Paradox, dBase, SPSS, NVivo, N6, Atlas.ti, Transana, Transcriber, etc.
Document conversion wizard allows one to easily import documents from various file format and to automatically extract numeric and alphanumeric values.
Copy, backup and restore existing projects files.
Easy filtering of cases.
Easy creation and edition of codebooks (hierarchical).
Intuitive drag and drop assignment of codes to text segments and images..
Notes can be assigned to projects, codes and coded segments.
Code merging, splitting, virtual grouping as well as search and replace.
Ability to import codebooks from other projects.
TEXT RETRIEVAL AND CODING ANALYSIS FEATURES
The Text Retrieval tool searches for specific text patterns in documents. Complex search patterns may be performed using Boolean operators, wildcards and thesaurus searches. Retrieved paragraphs, sentences of text segments may then be coded or saved to disk (as new project, in HTML, Excel, or delimited text files).
The Section Retrieval tool searches structured documents for sections bounded by fixed delimiters. This feature is useful to automatically assign codes to recurring sections within a document or in multiple documents.
The Keyword Retrieval feature can retrieve any document, paragraph, sentence, or coded segment containing a specific WordStat keyword or a combination of keywords.
The Coding Frequencies tool allows one to obtain a list of all codes in the current codebook along with their description and various statistics such as their frequency, the number of cases in which they are found, and the total number of words in the associated text segments. This dialog box also allows one to produce bar charts and pie charts from those statistics.
The Coding Retrieval tool lists all text segments associated with some codes or with specific patterns of codes. Complex search patterns may include criteria such as equality, proximity, overlapping, inclusion, sequential relationships, as well as Boolean operators (AND, OR, NOT).
The Codes Co-occurrences tool uses information about the proximity or the co-occurrence of codes within documents to explore potential relationships among them as well as similarities among cases. This feature gives access to various statistical and graphic tools such as hierarchical cluster analysis, multidimensional scaling, and proximity plots.
The Coding Sequences tool can be used to identify recurring sequences of codes. This feature can produce frequency lists of all sequences involving two selected sets of codes as well as the percentage of times one code follows or is followed by another one.
The Coding by Variable tool is useful for identifing or testing potential code similarities or differences between subgroup of cases (categorical variable) or to assess the relationship between these codes and other numerical variables. Various statistical and graphical tools are used for this purpose such as contingency tables, association statistics, bar charts, line charts, heatmaps, correspondence plot, etc.
The Coding Agreement tool is used to compare the consistency of coding between several coders. Such a tool can be useful to uncover differences in interpretation, clarify equivocal rules, identify ambiguity in the text, and ultimately quantify the final level of agreement obtained by those raters. Computes of percentage of agreement, correction for chances (Free Marginal, Scott’s Pi, and Krippendorff’s alpha), list of disagreements, etc.
Optional Quantitative Content Analysis and Text Mining module. WordStat is a powerful quantitative content analysis and text mining software. When used as an add-on to QDA Miner, it analyzes words and phrases found in specific documents or in selected coded segments. WordStat can perform simple descriptive analysis or explore in greater details the relationships between words or categories of words and other numeric or categorical variables.
Optional Statistical Analysis module. Simstat is a comprehensive statistical analysis application. Since it uses the same file format as QDA Miner, Simstat can be used to perform statistical analysis on any numerical data stored in a QDA Miner project file. It can also perform numeric and alphanumeric computation, transformation and recoding of variables, as well as advanced file management procedures such as data file merging, file aggregation, etc.
The program interface is currently available in English, French and Spanish. Contact us for information on the availability of other languages.
Saving of tabular outputs to disk in Excel, HTML, XML, plain text, comma or tab separated value or as a Word document..
Saving of graphics to disk as BMP, WMF, JPG, or PNG files.
Documents may be exported to disk in plain text, RTF or HTML.
Whole projects, including tagged documents, may be exported to disk in XML format.
The Security/Multi-Users feature allows to control users privileges and restrict access of selected features (prevent modification to documents, variables, or cases, prevent viewing codes assigned by other users, etc.).
The Merge Projects feature allows one to combine two or more project files into a single one, allowing one to synchronize one’s own work performed on different computers. As well, both an individual or various team members may work on the same set or different sets of documents and then merge them along with their associated codings into a single master project.
WHAT’S NEW IN VERSION 6.0
QDA Miner 6 is full of exciting new features and improvements. Here are some of the new applications that will help researchers and businesses keep abreast of the latest trends and give them faster access to the waves a new data being created every day.
|NEW GRID VIEW MODE FOR CODING SHORT RESPONSES
While appropriate for coding long documents, the standard document/case centric view of QDA Miner was less suited for coding short text responses such as response to open-ended questions or short comments. Now, QDA Miner 6 introduces a new grid view mode that provides a convenient and very efficient way to code this kind of text data. It is useful for everyone coding any type of open-ended comments, including surveys, employee comments, customer comments and allows one to quickly identify trends in a survey or major support issues that need to be addressed. It includes features such as:
Drag-and-drop coding and annotation
Filtering of responses using text search expressions with Boolean operators
Filtering of responses based on the number of codes (uncoded, coded, more than n codes, etc.) as well as on the presence or absence of specific codes
Sorting of rows either alphabetically, on text length, number of codes, or case number
Displays the number and percentage of coded responses
Computation of word clouds and word frequency analysis on text currently displayed in the grid
The quotation matrix allows you to create a large grid containing all coded text segments and/or comments where each cell represents the intersection of a specific code with either a specific case or a value of a categorical or numerical variable (age group, gender, source, etc.). Such a joint display provides a compact view of coded material ideal for reviewing work done by coders. More easily identify patterns, creating dense summaries of results, etc. This matrix may be created from the new RETRIEVAL | QUOTATION MATRIX command to obtain a codes x cases quotation matrix or from the ANALYSIS | CODING BY VARIABLES command for displaying coded materials by all values of a variable. It supports the following features:
Displays either all comment types or specific ones based on subject, speaker etc.
Text in each cell can be edited in with a rich text editor (font style, size and color, paragraph formatting, etc.)
Multiple memos can be attached to individual cells
Rows and columns may be transposed
The matrix can be exported to disk in various formats, including Excel, CSV, TSV and a new PGRD format allowing one to review and edit the table outside of QDA Miner using a free grid viewer/editor.
ENHANCED ANNOTATION FEATURE
It is now possible to attach up to six types of comments to a single code mark. Annotations may serve different purposes such as formulating hypothesis, communicating concerns with team members, summarizing, etc. You are no longer restricted to a single comment type. The removal of such limitation and the introduction of the quotation matrix feature (see above) offers new possibilities for generating condense view of summaries, concerns, hypotheses, etc. It gives you much more flexibility on how to instruct, explain codes, pose, and answer questions.
WORD FREQUENCY ANALYSIS AND WORLD CLOUD
Interactive word clouds and word frequency tables can now be obtained 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 new grid view. One may tailor the word cloud (font, color, shape, etc.), customize stop words lists and perform text searches from it or from the associated word frequency table.
IMPORTATION OF NEXIS UNI AND FACTIVA FILES
It is now possible to import news transcripts from the LexisNexis and Factiva output files. After selecting one or multiple .DOCX or RTF files obtained from those services, QDA Miner will extract and store in separate variables the title and body of the news transcript, its source, the publication date, and other relevant information. Such a feature should prove useful for reputation management, brand management, crisis communication, media framing analysis, comparative media studies, etc.
IMPROVED IMPORTATION OF EXCEL, CSV AND TSV FILES
When importing files from Excel, CSV or TSV files a new wizard dialog box will allow you to select variables, rename them, import variable description, and perform batch data type conversions This gives you greater flexibility to set up your analysis, make it more precise and start it more quickly, saving time and resources.
The CODING BY VARIABLES feature now offers the possibility to produce a deviation table that allows one to obtain a list of codes most or least characteristic of different values of an independent variable as compared to other classes of this variable.
EXPORT RESULTS TO TABLEAU SOFTWARE
One can now export results to Tableau Software allowing one to use its advanced interactive data visualization tools. This feature is available from the CODING FREQUENCY and the CODING BY VARIABLES dialog boxes.
A new numerical transformation dialog box allows you to compute numerical variables from other variables with up to 50 transformation functions including trigonometric, statistical, random number functions. Conditional transformation can also be performed using an IF-THEN-ELSE logical structure.
A binning feature can now be used to transform continuous values into a smaller number of distinct categories. It may be used to reduce the effect of numerical outliers, abnormal distributions, or convert a continuous numerical variable into an ordinal one. It is especially useful for creating graphic displays of comparisons when the number of distinct values in the numerical variable is too high.
SUPPORT OF MISSING VALUES
You can now associate to numerical, categorical, and short string variables up to three values that will be treated as missing data.
A new silhouette plot feature has been added to the hierarchical cluster analysis, allowing one to assess the quality of the cluster solution and identify potential misclassified items.
Date and date and time variables can now be used to create other categorical or numerical variables such as months, days or weekdays, months, years, etc.
IMPROVED CODE FILTERING FEATURE
The code filtering feature may now be used to filter cases based on the presence, the absence of specific codes or combinations of codes.
DONUT, RADAR, 100% STACKED BAR AND AREA CHARTS
A donut chart can now be used to display relative codes or class frequencies (CODING FREQUENCY and VARIABLE STATISTICS dialog boxes). The charting feature of the CODING BY VARIABLES dialog box also adds the possibility to create a radar chart, a 100% stacked bar chart as well as two types of stacked area charts.
ORDERING OF SERIES IN COMPARISON CHARTS
The relative position of a series of comparisons charts created from the CODING BY VARIABLES dialog box may now be manually adjusted, allowing you to achieve more appealing or revealing visualizations.
COLOR CODING OF ITEMS IN CORRESPONDENCE PLOT
Color gradients may now be used to represent the position of specific words or variable classes on the third (depth) dimension or 2D as well as 3D correspondence plot. Up to four colors may be chosen to create those gradients.
IMPROVED BUBBLE CHART
It is now possible to transpose rows and columns of bubble charts and finely adjust the size of the bubbles.
LINK ANALYSIS BUFFER
A link analysis buffer allows one to move back to previous link diagrams and then forward.
NEW TABLE FORMAT AND TABLE EDITOR
A new proprietary table format (*.pgrd) has been added to the exportation of tables to disk, allowing one to easily edit and annotate tables produced by QDA Miner. A free standalone table viewer may also be downloaded from our web site, allowing anyone to view, edit and annotate saved tables.
NUMEROUS ADDITIONAL IMPROVEMENTS
Several new options and interface improvements have been made to existing dialog boxes (code color selection, graphic options, etc.), management and analysis features.
QDA Miner Perpetual Licence
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 CUSTOMER
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 2 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:
a) 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;
b) 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;
c) 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;
d) the use of or access to the Software in a manner other than that for which it was furnished by Provalis; or
e) 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.
12.3 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
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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