Katsura Shareware
Software License Agreement

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE KATSURA SHAREWARE SOFTWARE.  BY USING THE KATSURA SHAREWARE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE.

1. General.  The software, and any documentation accompanying this License whether on any media or in any form (collectively the "Katsura Shareware Software") are licensed, not sold, to you by Katsura Shareware for use only under the terms of this License, and Katsura Shareware reserves all rights not expressly granted to you.  The rights granted herein are limited to Katsura Shareware's and its licensors' intellectual property rights in the Katsura Shareware Software and do not include any other patents or intellectual property rights.  You own the media on which the Katsura Shareware Software is recorded but Katsura Shareware and/or Katsura Shareware licensor(s) retain ownership of the Katsura Shareware Software itself.  The terms of this License will govern any software upgrades provided by Katsura Shareware that replace and/or supplement the original Katsura Shareware Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.  

2. Permitted License Uses and Restrictions.  This License allows you to install and use the Katsura Shareware Software.  Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Katsura Shareware Software or any part thereof. THE KATSURA SHAREWARE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE KATSURA SHAREWARE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.  

3.  Transfer.  You may not rent, lease, lend or sublicense the Katsura Shareware Software.  You may, however, make a one-time permanent transfer of all of your license rights to the Katsura Shareware Software to another party, provided that: (a) the transfer must include all of the Katsura Shareware Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Katsura Shareware Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Katsura Shareware Software reads and agrees to accept the terms and conditions of this License.

4.  Termination.  This License is effective until terminated.  Your rights under this License will terminate automatically without notice from Katsura Shareware if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Katsura Shareware Software and destroy all copies, full or partial, of the Katsura Shareware Software.

5. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE KATSURA SHAREWARE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE KATSURA SHAREWARE SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND KATSURA SHAREWARE AND KATSURA SHAREWARE'S LICENSORS (COLLECTIVELY REFERRED TO AS "KATSURA SHAREWARE" FOR THE PURPOSES OF SECTIONS 5 AND 6) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE KATSURA SHAREWARE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.  KATSURA SHAREWARE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE KATSURA SHAREWARE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE KATSURA SHAREWARE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE KATSURA SHAREWARE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE KATSURA SHAREWARE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KATSURA SHAREWARE OR A KATSURA SHAREWARE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.  SHOULD THE KATSURA SHAREWARE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.  

6. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL KATSURA SHAREWARE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE KATSURA SHAREWARE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF KATSURA SHAREWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.  In no event shall Katsura Shareware's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of five dollars ($5.00).  The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

7. Export Law Assurances.  You may not use or otherwise export or reexport the Katsura Shareware Software except as authorized by United States law and the laws of the jurisdiction in which the Katsura Shareware Software was obtained.  In particular, but without limitation, the Katsura Shareware Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria), or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.  By using the Katsura Shareware Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

8. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

9. Complete Agreement; Governing Language.  This License constitutes the entire agreement between the parties with respect to the use of the Katsura Shareware Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.  No amendment to or modification of this License will be binding unless in writing and signed by Katsura Shareware. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.

KSLA20040630