THIS AGREEMENT BEFORE USING THIS SOFTWARE PACKAGE. IF YOU OPEN
THIS SOFTWARE EXECUTABLE OR KEEP IT FOR MORE THAN FORTY-FIVE (45) 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
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 forty-five (45) 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 firstname.lastname@example.org 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, 4685 Bayard St., 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 forty-five (45)
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.