This End-User License Agreement is a legal contract between you (either an individual or a single business entity) and KULA CO., LTD. (ôKULAö).
1. Acceptance. BY CLICKING THE ôACCEPTö ICON BELOW, OR BY INSTALLING, OR OTHERWISE USING THE SOFTWARE (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR USE OF ANY OF THE SOFTWARE, AND EXIT IMMEDIATELY. THIS SOFTWARE CONTAINS CODE THAT WILL, UNLESS THE SOFTWARE IS REGISTERED BEFORE THE END OF THE __ DAY TRIAL PERIOD, DISABLE THE SOFTWARE.
2. License. Subject to the terms and conditions of this Agreement, KULA hereby grants to you a non-exclusive, non-transferable license to use this commercial version of the ectoÖ blogging tool (the, ôSoftwareö).
3. Personal Use and Other Restrictions. You agree that, following your acceptance of this Agreement, you will install and use the Software only for your own personal and informational use. You may not modify, decompile, reverse engineer, disassemble or otherwise translate any of the Software. Except as otherwise permitted by this Agreement, you may not use, copy, modify, reproduce, distribute, publish, rent, upload, download, or transmit any of the Software or any copy, adaptation, transcription or merged portion thereof. You may download and install the Software on one or more disks or other storage devices for one or more computers for use by you only. You acknowledge that, in the event of your breach of any of the foregoing provisions, KULA will not have an adequate remedy in money or damages. KULA shall, therefore, be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request, without limiting its right to seek further remedies.
4. Proprietary Rights. The Software (and all computer and source codes related thereto, and all files, sounds, music, audio, video, text, graphics, images, button icons, photographs, animations, and illustrations contained in such Software), all accompanying data and documentation, and all proprietary rights inherent therein or related thereto, are the sole and exclusive property of KULA or its licensors. You agree that, except as otherwise expressly set forth herein, KULA does not hereby or otherwise transfer to you any right, title, or interest in or to the Software (or any computer and source codes related thereto, or any files, sounds, music, audio, video, text, graphics, images, button icons, photographs, animations, or illustrations contained in such Software), any accompanying data and documentation, or any proprietary right inherent therein or related thereto. The Software is protected by copyright and other intellectual property and privacy laws, rules, regulations, treaties and statutes, and any unauthorized use by you of the Software may violate such laws, rules, regulations, treaties, and statutes. Except as otherwise permitted in this Agreement, you may not use, modify, or delete any copyright, trademark, service mark, logo, proprietary notice, or other intellectual property that is affixed to, or placed on, any of the Software. You agree that all copyrights, trademarks, service marks, logos, proprietary notices, and other intellectual property affixed to, or placed on, any of the Software are the sole and exclusive property of KULA or its licensors. Notwithstanding anything else contained in this Agreement or elsewhere, this Agreement does not provide you with any rights with respect to any content accessed through the Software; any such content is the property of the applicable content owner and may be protected by applicable copyright law.
5. Support. Although KULA intends to make available reasonable support services to licensed users of the Software, the level of such support and the length of time such support may continue to be available will be at the discretion of Kula. Patches, updates and modifications of the Software may be made available to licensed users of the Software at the discretion of Kula.
6. Disclaimer of Warranties. YOU AGREE THAT KULA PROVIDES THE SOFTWARE ON AN ôAS-ISö AND ôAS-AVAILABLEö BASIS AND WITHOUT WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF: (A) MERCHANTABILITY; (B) FITNESS FOR A PARTICULAR PURPOSE; (C) TITLE; OR (D) NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KULA MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT: (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SOFTWARE WILL BE ERROR-FREE; (III) ANY OF OUR COMPUTER OR WEB SERVERS WILL BE ERROR-FREE OR FREE OR VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (V) THE QUALITY OF THE SOFTWARE WILL MEET YOUR EXPECTATIONS; OR (VI) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, KULA DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS, AND WARRANTIES WITH RESPECT TO THE SOFTWARE, INCLUDING ITS CONDITION, ITS CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS OR ANY NEGLIGENCE BY KULA IN CONNECTION WITH ITS DEVELOPMENT, MARKETING OR DELIVERY.
THE USE, DOWNLOADING, AND INSTALLATION OF THE SOFTWARE IS DONE AT YOUR SOLE RISK AND DISCRETION AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT MAY RESULT FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KULA SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
7. Limitation of Liability. In no event shall KULA or any of its officers, directors, affiliates, equity holders, agents, attorneys, employees, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, including, without limitation, those resulting from the use or inability to use the Software, or those resulting from the loss of use, data, or profits, irrespective of whether KULA has been advised of the possibility of such damages, and irrespective of any theory or basis of liability. All liability of KULA for a defective copy of the Software will be limited exclusively to replacement of your copy of the Software with another copy of such Software. In no event will KULAÆs liability exceed the amount, if any, paid by you to acquire the Software.
8. Indemnification. You shall indemnify, defend, and hold harmless KULA, and each of its officers, affiliates, directors, equity holders, agents, and employees from and against any claim, demand, cause of action, proceeding, debt, cost, expense, judgment, or liability, including reasonable attorneysÆ fees, to the extent that it is based upon, arises in connection with, or is related to: (a) your use of the Software in a manner that is either illegal or otherwise not permitted; or (b) a breach of any of your representations, warranties, or agreements under this Agreement.
9. Termination. If you violate (as determined in the sole discretion of KULA) any of the terms and conditions of this Agreement, KULA may, without prejudice to any other rights or remedies available to KULA at law or in equity, terminate this Agreement. In such event, you must immediately destroy all copies of the Software and all of its component parts. You shall have no recourse and KULA shall have no liability with respect to any such termination. All provisions of this Agreement relating to warranties, confidentiality obligations, proprietary rights, limitation of liability, and indemnification obligations shall survive the termination or expiration hereof and your authorization to use the Software.
10. Export Control Laws. The downloading, transmission, export, and re-export of the Software and any information or technology underlying such Software are subject to the export control laws, rules, regulations, and statutes of the Japan.
11. Assignment. You may not assign or transfer any of your rights or duties under this Agreement without the prior written consent of KULA. KULA may transfer its rights or duties hereunder without consent.
12. Miscellaneous. All rights not expressly granted are reserved to KULA. The headings used in this Agreement are intended for convenience only, and shall not affect the construction and interpretation hereof. A partyÆs failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of such or any future provision or right. If any provision of this Agreement is held to be invalid or unenforceable, such determination shall not affect such provision in any other respect or any other provision of this Agreement, which shall remain in full force and effect. You may not publicly use KULAÆs name, trademarks, service marks, logos, or any other intellectual property owned or used by KULA without the prior written consent of KULA.
Copyright ⌐ 2004 Kula Co., Ltd. All rights reserved.
