END USER LICENSE AGREEMENT for kemoSoft
IMPORTANT--READ CAREFULLY: This KemoSoft
End User License Agreement ("END USER LICENSE") is a legal agreement between you
and KemoSoft, Inc. for the KemoSoft software program, which includes computer software
and associated media and printed materials (if any), and may include online or electronic
documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). By installing, copying or otherwise
using the SOFTWARE PRODUCT, you agree to be bound by the terms of this END USER
LICENSE. If you do not agree to the terms of this END USER LICENSE, you are not
authorized to use the SOFTWARE PRODUCT and, if you paid money for the SOFTWARE PRODUCT,
you should return it to the vendor you bought it from for a refund. Do not return
the SOFTWARE PRODUCT to KemoSoft unless you bought it directly from KemoSoft.
The SOFTWARE PRODUCT is protected
by copyright laws and international copyright treaties, as well as by other intellectual
property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. The END USER
LICENSE grants you the following rights: USE and COPY. KemoSoft grants to you the
right to copy and use the SOFTWARE PRODUCT on as many personal computers as you
own, but not over a network. If you are an entity, such as a corporation, and not
an individual, you must have a separate END USER
LICENSE for each individual who uses the SOFTWARE PRODUCT You may make a reasonable number of copies of the SOFTWARE
PRODUCT for backup and archival purposes.
KemoSoft may, but is not obligated to, provide you with updates or upgrades to the
SOFTWARE ("UPDATES"), for free or subject to payment of additional license fees.
Use of any UPDATE is subject to the terms of this END USER LICENSE. By installing,
copying or otherwise using any such UPDATE, you agree to be bound by the terms of
this END USER LICENSE with respect to such UPDATE.
2. RESTRICTIONS
-- You may not use the SOFTWARE PRODUCT for real-time broadcasting (terrestrial,
satellite, cable or other media) or broadcasting via Internet or other networks,
including but not limited to intranets, etc., or in pay-audio or audio-on-demand
applications.
-- You may not use the SOFTWARE PRODUCT
to reproduce copyrighted audio recordings for commercial purposes, unless you have
the express, written permission of the owners of those copyrights.
-- You may not use the SOFTWARE PRODUCT to reproduce copyrighted music CDs which
you do not own, unless you have the express, written permission of the owners of
those copyrights.
-- You must maintain all copyright notices on all copies of the SOFTWARE PRODUCT.
-- You may not distribute copies of the SOFTWARE PRODUCT to third parties.
-- You may not modify, reverse engineer, decompile or disassemble the SOFTWARE PRODUCT.
-- You may not rent or lease the SOFTWARE PRODUCT.
-- You may permanently transfer all of your rights under this END USER LICENSE only
in conjunction with a permanent transfer of the
rights to the personal computer on which the SOFTWARE PRODUCT is installed.
3. COPYRIGHT. All title and copyrights
in and to the SOFTWARE PRODUCT and any copies thereof are owned by KemoSoft or its
suppliers. All title and intellectual property rights in and to the content which
may be accessed through use of the SOFTWARE PRODUCT is the property of the respective
content owner and may be protected by applicable copyright or other intellectual
property laws and treaties. This END USER LICENSE grants you no rights to use such
content.
4. NO WARRANTY. THE SOFTWARE PRODUCT
IS LICENSED TO YOU "AS IS" AND ANY USE OF THE SOFTWARE PRODUCT IS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KemoSoft AND ITS SUPPLIERS DISCLAIM
ALL 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.
5. NO LIABILITY FOR CONSEQUENTIAL
DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KemoSoft
OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY
OTHER PECUNIARY LOSS) REGARDLESS OF CAUSE OR FORM OF ACTION, INCLUDING CONTRACT,
TORT OR NEGLIGENCE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT,
EVEN IF KemoSoft HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6. LIMITATION OF LIABILITY. KemoSoft's
ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS END USER LICENSE SHALL NOT
EXCEED ONE DOLLAR (US $1.00).
Copyright (c) 2007 KemoSoft, Inc. All rights reserved.