IMPORTANT-READ CAREFULLY. This End-User License Agreement (“EULA”) is a legal AGREEMENT between you (either as a registered individual user or as the registered user/representative and on behalf of a single entity) and the company for the product identified above, which product includes computer software and may include associated media, printed materials, and “online” or electronic documentation. By installing, copying, or otherwise using the KINESIS software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, then DO NOT install or use the KINESIS software; in such event the original purchaser may, however, return it to the place of purchase within thirty days of the date of original purchase for a full refund.
The KINESIS SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The KINESIS SOFTWARE is licensed free of charge for use with any and all supported hardware, or the development of end applications thereof, and not sold.
1) GRANT OF LICENSE. This EULA grants you, the registered user the following rights:
· Applications Software. The KINESIS SOFTWARE may be used only by you. You may install and use multiple copies of the KINESIS SOFTWARE, or any prior version thereof for the supported operating systems, on more than one computer.
· Redistributable File(s). Notwithstanding the terms of this EULA to the contrary, certain parts of the executable files of the KINESIS SOFTWARE may be redistributed by you to the extent required for the permitted operation of the application(s) software installation code created by you while using the KINESIS SOFTWARE hereunder. The specific redistributable file(s) are limited to those specifically identified as “Redistributables” in the media, printed materials, and “online” or electronic documentation accompanying the particular embodiment of the KINESIS SOFTWARE. To determine whether a particular file(s) are redistributable, please contact Technical Support.
· Storage/Network Use. You may also store or install a copy of the KINESIS SOFTWARE on a storage device, such as a network server, used only to install or run the KINESIS SOFTWARE on your other computers over an internal network.
2) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
· Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not modify, reverse engineer, decompile, or disassemble the KINESIS SOFWTARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation of components, and after obtaining relevant permissions from the company, including notification of the intended application and final state of the KINESIS SOFTWARE. The KINESIS SOFTWARE is licensed as a single product. Its component parts may not be separated for use, except those identified as redistributables and used in a manner to distribute an end application.
· Rental. You may not rent or lease the KINESIS SOFTWARE to any party.
· Software Transfer. You may permanently and wholly transfer all of your rights under this EULA, provided you the recipient first agrees to abide by all of the terms of this EULA. If the KINESIS SOFWTARE is an upgrade, any transfer must include any and all prior rights therein.
· Support Services. The company may provide you with support services related to the KINESIS SOFTWARE (“Support Services”). The provision and use of Support Services is governed by the policies and programs described in the KINESIS SOFTWARE user manual and/or in “online” documentation. Any supplemental software code provided to you as part of the Support Services shall be considered part of the KINESIS SOFTWARE and subject to the terms and conditions of this EULA. With respect to technical information you provide to the company as part of the Support Services, the company may use such information for its business purposes, including for product updates and development. The company will use its best efforts to not utilize such technical information in a form that personally identifies you.
· Termination. Without prejudice to any of the companies other rights, the company may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy any and all copies of the KINESIS SOFTWARE and all of its component parts; to this end you grant to the company the right to, with or without notice, monitor your Internet accessible activities for the purpose of verifying KINESIS SOFTWARE performance and/or your compliance with the terms hereof, including, but not limited to the remote monitoring and verification of your implementation, use and duplication of the KINESIS SOFTWARE.
· If the KINESIS SOFTWARE is labeled or otherwise identified by the company as an “upgrade”, you must be properly licensed to use a product identified by the company as being eligible for the upgrade in order to use the KINESIS SOFTWARE. A version of KINESIS SOFTWARE, labeled or otherwise identified by the company as an upgrade, replaces and/or supplements the product that formed the basis for your eligibility for such upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the version of KINESIS SOFTWARE is an upgrade of a component of a package of software programs that you licensed as a single product, the KINESIS SOFTWARE may be used and transferred only as part of that single product package.
4) COPYRIGHT AND TRADEMARKS.
· All title, trademarks and copyrights in and pertaining to the KINESIS SOFTWARE (including but not limited to any images, photographs, animation, video, audio, music, text, and applets incorporated into the KINESIS SOFTWARE), the accompanying, printed materials and any copies of the KINESIS SOFTWARE are owned by the company or its affiliated companies. The KINESIS SOFTWARE is protected by copyright and trademark laws and international treaty provisions. You must treat the KINESIS SOFTWARE like any other copyrighted material for archival purposes, and you may not copy the printed materials accompanying the KINESIS SOFTWARE other than for the use by you.
· You may not remove, modify or alter any company copyright or trademark notice from any part of the KINESIS SOFTWARE, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in the Setup Wizard dialogue or ‘about’ boxes, in any of the runtime resources and/or in any web-presence or web-enabled notices, code or other embodiments originally contained in or dynamically or otherwise created by the KINESIS SOFTWARE.
5) DUAL-MEDIA SOFTWARE. You may receive the KINESIS SOFTWARE in more than one medium. Regardless of the type or size of the medium you receive, you may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the KINESIS SOFTWARE.
6) LIMITED WARRANTY
· Limited Warranty. The company warrants that (a) the KINESIS SOFTWARE will, for a period of ninety (90) days from the date of your receipt, perform substantially in accordance with the written materials accompanying it, (b) any Support Services provided by the company shall be substantially as described in applicable written materials provided to you by the company, and (c) Company support engineers will make commercially reasonable efforts to solve any problem issues with the KINESIS SOFTWARE. To the extent that implied warranties on the KINESIS SOFTWARE are disclaimable, they are disclaimed herein below. Some countries do not allow disclaimers of or limitations on the duration of an implied warranty, so the above limitation may not apply to you. To the extent implied warranties may not be entirely disclaimed but implied warranty limitations are allowed by applicable law, implied warranties on the KINESIS SOFTWARE, if any, are limited to ninety (90) days.
· Customer Remedies. The company and its suppliers’ entire liability and your exclusive remedy shall be, at the companies option, either (a) return of the price paid by you for the accompanying KINESIS hardware (not to exceed the retail price) if any, or (b) repair or replacement of the component(s) of the KINESIS SOFTWARE that do(es) not meet the companies Warranty and which is returned to the company with a copy of your purchase receipt. This Limited Warranty is void if failure of the KINESIS SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement KINESIS SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside of the United Kingdom, neither of these remedies nor any product support services offered by the company are available without proof of purchase from an authorized international source.
· No Other Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE KINESIS SOFTWARE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
7) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE KINESIS SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.