KATE distribution permissions and end-user license agreement

In addition to the license agreement for the Sonork Instant Messenger, here follows the Haptek License Agreement:

To install and/or use the Haptek Player Software ("the Software"), you must read and agree to the following:

Haptek prohibits the end user from copying the Software except for archival use. Haptek prohibits the reverse engineering, reverse compilation, disassembly or decomposition of the Software contained in the Software software. You, the end user, must agree that Haptek is not liable for any damages, whether direct, indirect, incidental or consequential arising from the use of the Software.


END-USER LICENSE AGREEMENT

This License Agreement applies to each software product that you receive from Haptek Inc. (Haptek), by way of a Web site or by any other means. By accepting this agreement, you are bound to its terms even for products that are licensed to you at no monetary charge. REDISTRIBUTION IS NOT PERMITTED.

DEFINITIONS:
The following definitions are applicable to this agreement. "Software" refers to "Haptek Player" including plug-in modules, licensed software from third parties and all other material enclosed in the install files. "Use" consists of either loading the Software into computer memory or running it in a CPU. "Install" means to copy the Software to a hard disk drive or any other storage medium.

LICENSE GRANT:
The customer does not receive title to the Software. Haptek hereby grants you a non-exclusive license to use its accompanying Software for personal use, but subject to the following conditions:

YOU MAY:
Use the Software on any single computer Copy the Software for archival purposes, however, any copy must contain all of the original Software`s text files including this License Agreement and any proprietary notices.

YOU MAY NOT:
Permit other individuals to use the Software except under the terms listed above Modify, translate, reverse engineer, decompile, or disassemble the Software (except to the extent applicable laws prohibit such restriction) Create derivative works based on the Software Copy the Software (except as specified above) Rent, lease, transfer, license, or otherwise transfer rights to the Software Remove any proprietary notices or labels from the Software, whether set forth in text files or on media Use for public broadcast or performance.

COMMUNICATION OF LICENSE AGREEMENT:
The customer agrees to communicate the terms and restrictions contained in this Licensee Agreement to all persons under his or her employment, direction, or control.

DISCLAIMER OF WARRANTY:
The Software is licensed on an "as is" basis, without warranty of any kind, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not Haptek assume the entire cost of any service and repair. This Disclaimer of Warranty constitutes an essential part of the License Agreement.

SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT, CONTRACT, OR OTHERWISE, SHALL Haptek OR ITS SUPPLIERS, LICENSORS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL Haptek BE LIABLE FOR ANY DAMAGES IN EXCESS OF Haptek`s LIST PRICE LICENSE FEE FOR THE SOFTWARE, IF ANY, EVEN IF Haptek SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

TITLE:
Title, ownership rights, and intellectual property rights in and to the software shall remain in Haptek and/or its licensors or suppliers. The Software is protected by copyright laws of the United States and international copyright treaties. If you receive your first copy of the Software electronically, and a second copy on media, then the second copy may be used for archival purposes only. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner, and may be protected by copyright or other applicable law. This License gives you no rights to such content.

TERMINATION:
This License will terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all copies of the Software and documentation.

MISCELLANEOUS:
This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between the parties. This Agreement may be amended only in writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under California law as such applies to agreements between California residents entered into and performed within California, except as governed by United States Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. U.S. GOVERNMENT RESTRICTED RIGHTS: Use, duplication, or disclosure by or for the U.S. Government is subject to restrictions set forth in DFARS 252.227-7013 (c)(1)(ii) and FAR 52.227-19, as applicable.

Contractor/manufacturer is:
Haptek, Inc.
931 Pacific Ave.
Santa Cruz, CA 95060-4429

© 1999-2002 Haptek Inc.
PeoplePutty, VirtualFriend, and the Circuitry-Thumbprint Logo are registered trademarks of Haptek Inc. AutomatedPersonality and Haptek are trademarks of Haptek Inc.

This Software includes both the Haptek Player, and the Sonork Instant Messenger application.
You are limited to the agreements of those products.
If you are interested in distributing KATE, please contact haptek@haptek.com and let us know.

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