PLEASE READ THIS AGREEMENT BEFORE USING THIS SOFTWARE
PACKAGE. IF YOU OPEN THIS SOFTWARE EXECUTABLE OR KEEP IT FOR MORE THAN
THIRTY (30) DAYS, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
The software, including, but not limited to, one or more of the following:
dynamic-link libraries, shared libraries, static libraries, executables
and related explanatory written materials ("Documentation" on
or offline; collectively, the "Software") is owned by Kneson
Software or its suppliers and is protected by U.S. copyright laws and
other laws and by international treaties. It is intended for use on
a single computer.
This Kneson Software Single User License Agreement accompanies the Software.
This copy of the Software is licensed to you as the end user or to your
employer ("Company") for the exclusive use on a single computer
("CPU"). If the Company has acquired the license for use
on a company computer, the Company shall be bound by the terms and conditions
of this Agreement. "You" as used in the remainder of this
Agreement shall refer to the individual licensee. If you do not accept
this Agreement you may return this package to the place you obtained
it within thirty (30) days and your money will be refunded, and the
Software will be removed from the computer upon which it was installed
via a prescribed
refund procedure. If you do not understand any of the provisions of
this Agreement, you may request a written explanation from Kneson Software.
1. License Grant. Subject to the
terms and conditions of this Agreement, Kneson Software grants to you the limited,
non-exclusive, non-transferable
right to use only one copy of the Software on a single computer (CPU)
pursuant to the terms and conditions set forth in this Agreement, except
that this license does not grant the right to use the Software on any
mainframe class computer(s). For purposes hereof, "mainframe class
computers" mean such computers as are marketed or commonly considered
to be mainframe computers in the computer industry. You may also (a)
make one backup copy of the Software solely for backup purposes, or (b)
transfer the Software to a hard disk and keep the original copy solely
for backup purposes. In addition, you may modify photos, pictures or
digital images (collectivelly, "digital images") only within
the bounds of the copyrights of these works; your license to modify
digital images is incorporated within the copyrights of the images
and their
source and is outside the scope of this agreement. Kneson Software
assumes no responsibility for any infringement of the copyrights of
digital images
from any source.
2. License Restrictions. Notwithstanding
any provisions in this Agreement to the contrary, you may not (a) distribute
in any manner any of the
Software as defined above, or Documentation, (b) distribute any portion
of the Software or any derivative of any portion of the Software in
a software utility product or software development tool or otherwise in
competition with Kneson Software’s distribution of the Software,
(c) use, copy, modify or merge all or any portion of the Software,
(d) sublicense the Software to others, (e) install the Software on
more than
one computer. In addition, you may not (a) decompile, disassemble,
or reverse engineer any portion of the Software, (b) export from the
United
States any portion of the Software without obtaining the prior written
consent of Kneson Software and all applicable export licenses and governmental
permits, (c) rent or lease the Software, or (e) copy the Documentation,
including any documentation available in on-line form.
3. Limited Warranty.
(a) Kneson Software warrants to you that the unaltered Software will
substantially perform the functions described in the Documentation for
a period of thirty (45) days after the date of delivery of the Software
to you. Kneson Software’s sole and exclusive obligation, and your
sole and exclusive remedy, under this warranty shall be limited to Kneson
Software’s using reasonable efforts to correct material, documented,
reproducible defects in the unaltered Software that you describe and
document to Kneson Software during the thirty (45)-day warranty period.
In the event that Kneson Software fails to correct a material, documented,
reproducible defect within a reasonable period, Kneson Software may,
at Kneson Software’s discretion, replace the defective Software
or refund to you the amount that you paid Kneson Software for the defective
Software using Kneson Software’s prescribed refund policy, defined
as sending an e mail requesting such refund to support@kneson.com and
following subsequent uninstall and refund instructions, then will cancel
this Agreement and the licenses granted herein. In such event, you
agree to comply with Kneson Software’s refund policy to alow
removal of all copies of the Software from the computer upon which
it was installed.
(b) EXCEPT AS EXPRESSLY SET FORTH ABOVE,
KNESON SOFTWARE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS
WHICH
VARY FROM STATE TO STATE.
4. Limitation of Liability. IN NO EVENT SHALL KNESON SOFTWARE BE LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING
LOSS OF PROFITS) WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, EVEN IF KNESON SOFTWARE WAS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
5. Notice. Should you
have any questions concerning this Agreement, or if you desire to contact
Kneson Software for any reason, please write
to us at Kneson Software, 1650 Emerald Street, Suite 24, San Diego, California,
92109.
6. Termination. This Agreement
shall remain effective until terminated by either party. Kneson Software
reserves the right, at its sole discretion,
to terminate this Agreement upon thirty (30) days’ written notice
if you have breached the terms and conditions hereof. You may terminate
this Agreement at any time by ceasing to use the Software and by contacting
Kneson Software to initiate its prescribed removal procedure, or by
destroying all copies of the Software. Termination of this Agreement
shall not relieve
you of any obligations not to disclose the Software. Sections 2, 4,
6 and 7 shall survive termination of this Agreement.
7. Miscellaneous. This Agreement
shall be governed by California law, excluding its conflict of law provisions.
Should any provision of this
Agreement be held by a court of law to be illegal, invalid, or unenforceable,
the legality, validity, and enforceability of the remaining provisions
of this Agreement shall not be affected or impaired thereby. The failure
of any party to enforce any of the terms or conditions of this Agreement,
unless waived in writing, shall not constitute a waiver of that party’s
right to enforce each and every term and condition of this Agreement.
The Software is comprised of "commercial computer software" and "commercial
computer software documentation" as such terms are used in 48
C.F.R. 12.212 (SEPT 1995) and is provided to the Government (i) for
acquisition
by or on behalf of civilian agencies, consistent with the policy set
forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf
of units of the Department of Defense, consistent with the policies
set
forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995).
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND
AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT
IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US
WHICH SUPERSEDES ANY PROPOSAL OR PRIOR OR CONTEMPORANEOUS AGREEMENT,
ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO
THE SUBJECT MATTER OF THIS AGREEMENT.
Kneson Software Company
