» version 1.7 - posted on 2002-06-01
KbStart SOFTWARE LICENSE AGREEMENT
PLEASE BE SURE TO READ THE TERMS OF THIS LEGAL AGREEMENT. BY CLICKING ON THE "NEXT" BUTTON BELOW, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
This is a legal agreement ("Agreement") between you ("Recipient") as either an individual or entity, and Software Designs Development Corp. By clicking on the "NEXT" button below, or installing, copying, or otherwise using the Software (as defined below), you agree to be bound by the terms of this Agreement.
If you do not agree to the terms of this Agreement, do not install, copy, or use the Software, and promptly remove the Software from your computer. This agreement is in addition to and incorporates any prior agreement between Software Designs Development Corp. and Recipient.
1.0. GRANT OF LICENSE: The electronic file(s) which accompany this Agreement include (i) the KbStart application and (ii) any other software and files which comprise KbStart. All software and files identified in (i) and (ii) above, along with all product notes and documentation is collectively referred to as the "Software". The Software is and remains the confidential and trade secret information of Software Designs Development Corp. Recipient shall not rent, sell, lease, license, sublicense, assign, transfer, publish, disclose, distribute, display, or transcribe in any fashion any of the Software to others or for any use other than as provided by this Agreement.
A) KbStart application and related program files. Software Designs Development Corp. grants Recipient a limited, non-exclusive, nontransferable, license to install and use the Software on one (1) computer residing on Recipient's premises.
B) The rights granted in 1(a) above are granted solely to recipient for use with the Software.
C) Recipient may not reverse engineer, disassemble or decompile the Software or its
activation keys, except to the extent that the foregoing restriction is expressly prohibited by local law. Software Designs Development Corp. shall retain title and all ownership rights to the Software or any modifications made thereto, and this Agreement shall not be construed in any manner as transferring any rights of ownership or license to the Software or to the features or information therein, except as specifically stated herein.
2.0. ACTIVATION KEY: The Software uses an evaluation system which limits certain program functions, set according to the activation key itself. The method of restriction for the evaluation system is a trade secret of Software Designs Development Corp., and may not be published, disclosed or revealed in any way by Recipient. Software Designs Development Corp. is not obligated in any way to reveal or publish the code or methods used to enforce the evaluation system. Recipient agrees not to tamper with or defeat the activation key for any purposes, including extending or unlocking program functions.
3.0. RETURN POLICY. If within thirty (30) calendar days of your purchase of the Software you become dissatisfied with the Software for any reason, contact Software Designs Development Corp. for a return material authorization (RMA) number and you may return the Software to Software Designs Development Corp. for a refund of your purchase price.
4.0. MARKETING: You agree to be identified as a customer of Software Designs Development Corp. and you agree that Software Designs Development Corp. may refer to you by name, trade name and trademark, if applicable, and may briefly describe your business in Software Designs Development Corp.'s marketing materials and web site. You hereby grant Software Designs Development Corp. a license to use your name and any of your trade names and trademarks solely in connection with the rights granted to Software Designs Development Corp. pursuant to this marketing section.
5.0. NO WARRANTIES: THE SOFTWARE IS DEEMED ACCEPTED BY RECIPIENT. SOFTWARE DESIGNS DEVELOPMENT CORP. IS NOT OBLIGATED TO PROVIDE MAINTENANCE OR UPDATES TO RECIPIENT FOR SOFTWARE LICENSED UNDER THIS AGREEMENT. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTWARE DESIGNS DEVELOPMENT CORP. FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SYSTEMS INTEGRATION, and ACCURACY OF DATA. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH RECIPIENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOFTWARE DESIGNS DEVELOPMENT CORP. OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF SOFTWARE DESIGNS DEVELOPMENT CORP. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO RECIPIENT. IN ANY SUCH EVENT THE MAXIMUM DAMAGES PAID BY SOFTWARE DESIGNS DEVELOPMENT CORP. SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
6.0. TERM OF AGREEMENT: The term of this Agreement shall commence on the date which Recipient clicks on the NEXT button to accept this agreement or installs or uses the Software, and shall continue until terminated by SOFTWARE DESIGNS DEVELOPMENT CORP. in writing at any time, with or without cause. Upon the termination of this Agreement, Recipient shall promptly return to SOFTWARE DESIGNS DEVELOPMENT CORP., or certify destruction of, all full or partial copies of such Software and related materials provided by SOFTWARE DESIGNS DEVELOPMENT CORP. After termination, all provisions regarding ownership, warranty, confidentiality, liability and limits thereon shall survive.
7.0. GOVERNMENT USE: If Recipient is acquiring this license on behalf of the U.S. Government or any agency or division thereof, the Government acknowledges that the Software and its documentation were developed by Software Designs Development Corp. at great private expense and no part of the Software is in the public domain. U.S. GOVERNMENT RESTRICTED RIGHTS: The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause of DFARS 252.227-7013 or subparagraphs (c)(i) and (2) of the Commercial Computer Software -- Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Software Designs Development Corp., 7009 Clarendon Hills Road, Darien, IL 60561.
8.0. EXPORT RESTRICTIONS: Recipient acknowledges that the Software acquired hereunder is subject to the export control laws and regulations of the U.S.A., and any amendments thereof. Recipient confirms that with respect to the Software and Documentation, it will not export or re-export them, directly or indirectly, either to (i) any countries that are subject to U.S.A export restrictions or (ii) any end user who has been prohibited from participating in the U.S.A. export transactions by any federal agency of the U.S.A. government. Recipient further acknowledges that the Software may include technical data subject to export and re-export restrictions imposed by U.S.A. law. It is Recipient's responsibility to receive clarification if needed by checking with the U.S. Department of Commerce, Export Division, Washington, DC 20230 U.S.A.
Should you have any questions concerning this Agreement, or if you desire to contact Software Designs Development Corp., the manufacturer of this Software, for any reason, please email us at firstname.lastname@example.org, or write: Software Designs Development Corp., 7009 Clarendon Hills Road, Darien, IL 60561. USA. (http://www.softwaredesigns.com)