K&G SOFTWARE GROUP ELECTRONIC END USER LICENSE AGREEMENT FOR HICLOCK.
NOTICE TO USER:
THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU
ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This K&G Software Group End User License Agreement accompanies the HiClick product and related explanatory materials ("Software"). The term "Software" also shall include any upgrades, modified versions or updates of the Software licensed to you by K&G Software Group. Please read this Agreement carefully. At the end, you will be asked to accept this agreement and continue to install or, if you do not wish to accept this Agreement, to decline this agreement, in which case you will not be able to use the Software. Upon your acceptance of this Agreement, K&G Software Group grants to you a nonexclusive license to use the Software, provided that you agree to the following:
1. Use of the Software.
You may install the Software on a hard disk or other storage device; install and use the Software on a file server for use on a network for the purposes of (i) permanent installation onto hard disks or other storage devices or (ii) use of the Software over such network; and make backup copies of the Software. You may make and distribute unlimited copies of the Software, as long as each copy that you make and distribute contains this Agreement, the HiClock installer, and the same copyright and other proprietary notices pertaining to this Software that appear in the Software. If you download the Software from the Internet or similar on-line source, you must include the K&G Software Group copyright notice for the Software with any on-line distribution and on any media you distribute that includes the Software.
2. Copyright and Trademark Rights. The Software is owned by K&G Software Group and its suppliers, and its structure, organization and code are the valuable trade secrets of K&G Software Group and its suppliers. You may use trademarks only insofar as required to comply with Section 1 of this Agreement and to identify printed output produced by the Software, in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software.
3. Restrictions. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. Although you may customize the installer for the Software as documented on the K&G Software Group HiClock CD-ROM (e.g., customizing of your own corporate logos and additional plug-in files), you may not otherwise alter or modify the installer program or create a new installer for the Software.
4. No Warranty. The Software is being delivered to you AS IS and
K&G Software Group makes no warranty as to its use or performance. K&G SOFTWARE GROUP AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. K&G SOFTWARE GROUP AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL K&G SOFTWARE GROUP OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN K&G SOFTWARE GROUP REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. WEB3000.COM, INC. EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE OR ANY IMPLIED INDEMNITIES. YOU ARE RECEIVING THIS SOFTWARE FOR FREE AND THEREFORE UNDERSTAND AND ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE AND/OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU AND IS A SUBSTANTIAL AND MATERIAL PART OF THE CONSIDERATION YOU ARE GIVING IN EXCHANGE FOR RECEIVING THE SOFTWARE.
5. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL WEB3000.COM, INC., OR THEIR SUPPLIERS BE LIABLE FOR ANY 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 SOFTWARE PRODUCT, EVEN IF ANY OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PLEASE NOTE: AS A PART OF THE SUBSTANTIAL AND MATERIAL CONSIDERATION FOR YOUR ACCEPTING THIS AGREEMENT AND RECEIVING THE FREE SOFTWARE, YOU ARE GIVING YOUR CONSENT TO WEB3000.COM, INC., TO USE ANY OR ALL OF THE BASIC CONTACT INFORMATION WHICH YOU PROVIDE, WHICH IS MORE FULLY DESCRIBED IN THIS SECTION.
6. Terms of Service and the Use Of Collected Information
Basic Contact Information: During the registration process, Web3000.com, Inc., will collect "Basic Contact Information." Basic Contact Information means name, email address, gender, age group, country, operating system, browser type last used, and a general inquiry as to whether you have ever made purchases on the Internet. This Basic Contact Information will be stored on Web3000.com, Inc.'s servers.
Web3000.com, Inc. may, on occasion, use your IP address to help diagnose problems with our server and to administer their respective websites.
Use of Basic and Personal Aggregate Information: Web3000.com, Inc. may provide aggregate statistics about customers such as your traffic patterns, and related site information to reputable third-party vendors in order for Web3000.com, Inc. to provide you with valuable promotional offers.
In order to provide this service, Web3000.com, Inc. will collect information from your web usage that will be anonymous to third parties. Web3000.com, Inc. may derive consumer or consumption preference profiles from your Basic Contact Information and web usage. These consumer or consumption preference profiles will maintain your personal anonymity. WEB3000.COM, INC. WILL NOT VOLUNTARILY DISCLOSE, SELL OR TRADE YOUR BASIC CONTACT INFORMATION TO ANY THIRD PARTY WITHOUT OBTAINING YOUR PRIOR WRITTEN CONSENT.
Without revealing your Basic Contact Information to third parties, Web3000.com, Inc. will seek out high-value offers and great deals from commercial partners and other Ad Network Partners that will match your interests. Web3000.com, Inc. will provide this service to you through different marketing channels.
K&G Software Group
Email:
General: products@kgsoft.com
Sales : sales@kgsoft.com
Support : support@kgsoft.com
On the Web: http://www.kgsoft.com
FAX General: (209) 797-9371 (US)
HiClock, Envision Visual Reality and the One step-at-a-time logo are trademarks of K&G Software Group.
Copyright (c) 1999-2000 K&G Software Group. All rights reserved.
YOUR ACCEPTANCE OF THE FOREGOING AGREEMENT WAS INDICATED DURING INSTALLATION. YOU MAY BEGIN INSTALLING THIS SOFTWARE BY PRESSING "YES" IN WHICH YOU ACCEPT THE TERMS SHOWN IN THIS AGREEMENT.
