Ki-BookMark distribution permissions and end-user license agreement
END USER LICENSE AGREEMENT
Software License Agreement for Ki-BookMark
NOTICE: THE FOLLOWING IS A LEGAL AGREEMENT. PLEASE READ IT CAREFULLY. COPYING THE SOFTWARE PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE") AND/OR SELECTING "I AGREE" OPTION BELOW AND CLICKING "NEXT", YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AGREE TO ALL OF THE TERMS OF THIS END USER LICENSE AGREEMENT ("AGREEMENT") REGARDING YOUR USE OF THE SOFTWARE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND/OR DO NOT INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.
1. GRANT OF LICENSE: Subject to the terms below, Kalavath Infotech, hereby grants you a non-exclusive, non-transferable license to download and use Ki-BookMark ("Software").
Your license will be free to you for the term of the Agreement and you may: (i) install and use the Software in one or more computers. (ii) You may make a reasonable number of back-up copies of the Software to be used only to replace an unusable copy of the Software.
Whether you are licensing the Software as an individual or on behalf of an entity, you may not: (i) reverse engineer, decompile, or disassemble the Software; (ii) modify, or create derivative works based upon, the Software in whole or in part; (iii) distribute copies of the Software; (iv) remove any proprietary notices or labels on the Software; or (v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Software.
2. COPYRIGHT. The Software is proprietary to Kalavath Infotech. Kalavath Infotech retain all copyrights, trade secret rights, patents, trademarks and any other proprietary rights relating to the Software. All rights not expressly granted are reserved. Any copy of the Software which you are permitted to make under this Agreement must include all of the copyright and other notices appearing in the original copy of the Software.
3. UPDATED VERSIONS. The Software may be updated from time to time by Kalavath Infotech in its sole discretion. You may obtain such updated versions of the Software from Kalavath Infotech on the terms agreed upon by Kalavath Infotech and you. Such updated versions of the Software are expected to operate more accurately and effectively. You acknowledge that you are responsible for downloading and installing such updated versions of the Software.
4. DISCLAIMER OF WARRANTY: The Software is provided to you at no, or minimal charge. YOU AGREE THAT KALAVATH INFOTECH HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE PRODUCTS AND THAT THE PRODUCTS ARE BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. KALAVATH INFOTECH DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. KALAVATH INFOTECH SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFIT) ARISING FROM ANY CAUSE UNDER OR RELATED TO THIS AGREEMENT.
5. LIMITATION OF LIABILITY: You must assume the entire risk of using the program. IN NO EVENT SHALL KALAVATH INFOTECH BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE KALAVATH INFOTECH SOFTWARE, EVEN IF KALAVATH INFOTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL KALAVATH INFOTECH`s LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY,EXCEED THE LICENSE FEE PAID BY YOU, PROVIDED, HOWEVER, IF THE RELEVANT PRODUCT WAS PROVIDED TO YOU AT NO CHARGE YOU AGREE KALAVATH INFOTECH SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW.
6. TERMINATION: This Agreement can be terminated by Kalavath Infotech by publishing a notice on their website (currently http://www.kalavath.co.uk). You will not be contacted individually to notify of this termination (we do not hold any of your personal information). This Agreement shall terminate automatically if you fail to comply with the limitations described in this Agreement. Upon termination, you must uninstall and destroy all copies of the Software.
In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.
This Agreement will be governed by the laws of England and Wales.
You agree that this is the entire agreement between you and KALAVATH INFOTECH, which supersedes any prior agreement, whether written or oral, and all other communications between KALAVATH INFOTECH and you relating to the subject matter of this Agreement.
Reservation of rights.
All rights not expressly granted in this Agreement are reserved by KALAVATH INFOTECH.