CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE 'YES' BUTTON, YOU AGREE TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE 'NO' BUTTON AND THE SOFTWARE WILL NOT BE INSTALLED ON YOUR COMPUTER.
1. Subject to the terms of this Agreement, Kiss Software Corporation ("KISSCO") grants to you a non-exclusive license to use the Software in binary executable form only as defined below.
2. If you have paid for the Software, you are granted a fully-paid license to use the Software.
3. If you have acquired the Software for a limited-time evaluation, you are granted a license for the duration of the evaluation period only. You understand and agree that at the end of the evaluation period, the Software will not function and your license is terminated unless you pay for the Software, at which time your license will automatically convert to a fully-paid license.
4. You may use the Software as a single individual only. You may transfer the Software from one computer to another as long as you abide by the stipulation that the Software is to be used by one individual. You may install the Software in a multi-user system or network providing you purchase a copy of the Software for each individual that uses the Software. You may copy the Software only for backup purposes so long as a complete and full copy is made and all copyright and other proprietary notices on the original are reproduced on the copy.
5. You may not resell the Software. You may not copy the Software, nor print copies of any related material except as defined above. The Software contains trade secrets, and in order to protect those trade secrets, you may not decompile, reverse engineer, disassemble or otherwise convert the Software to human-readable form, whether written, magnetically recorded or otherwise.
6. All right, title and interest (including copyright) in and to the Software shall remain in KISSCO. You agree to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws. Any trademark, trade name, copyright, or other proprietary notices, legends, symbols, or labels appearing on or in the Software provided to you shall not be removed or altered and shall be accurately reproduced by you on any and all copies of the Software.
7. This license will remain in effect until terminated. If you transfer possession of any copy of the Software to another party, the license is automatically terminated. If you fail to comply with the terms and conditions of this agreement, the license is automatically terminated. You may terminate this license by destroying all copies, modifications or portions of the program.
YOU MAY NOT USE, COPY, TRANSFER, RESELL, SUBLICENSE OR RENT THE SOFTWARE OR ANY PORTION OF THE SOFTWARE IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS LICENSE AGREEMENT.
LIMITED WARRANTY
KISSCO MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SOFTWARE. KISSCO DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE COMPLETE RISK AS TO THE PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY SOME JURISDICTIONS. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL KISSCO, AND THEIR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING FROM THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF KISSCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
KISSCO'S LIABILITY TO YOU FOR ACTUAL DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE) WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE SOFTWARE, BUT IN NO CASE WILL THE AMOUNT EXCEED $50 USD.
