This legal document is an agreement between you, the end user, and Kinectrics Inc. YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT, WHICH INCLUDES THE KINECTRICS INC. SOFTWARE USER LICENSE, a LIMITED WARRANTY and an ACKNOWLEDGEMENT FORM.
In order to preserve and protect its rights under applicable laws, Kinectrics Inc. does not sell any rights in Kinectrics Inc. Software. Rather, Kinectrics Inc. grants the right to use Kinectrics Inc. Software by means of a SOFTWARE USER LICENSE. Kinectrics Inc. specifically retains title to all Kinectrics Inc. computer software.
KINECTRICS INC. SOFTWARE USER LICENSE
1. GRANT OF LICENSE. In consideration of payment of the License fee which is a part of the price you paid for this product, and your agreement to abide by the terms and conditions of this License and the Limited Warranty, Kinectrics Inc., as Licensor, grants to you, the LICENSEE, a nonexclusive right to use the Kinectrics Inc. software program ARCPRO® (the "SOFTWARE") on a single computer so long as you comply with the terms of this License. Kinectrics Inc. reserves all rights not expressly granted to LICENSEE.
2. OWNERSHIP OF SOFTWARE. As the LICENSEE, you own the physical media on which the SOFTWARE is originally or subsequently recorded or fixed, but an express condition of this License is that Kinectrics Inc. retains title and ownership of the SOFTWARE, any printed materials and any online or electronic documentation accompanying this SOFTWARE. This License is not a sale of the original SOFTWARE or any copy.
3. COPY RESTRICTIONS. This SOFTWARE and the accompanying written materials are copyrighted. Unauthorized copying of the SOFTWARE, including SOFTWARE which has been modified, merged, or included with other software, or of the written materials is expressly forbidden. You may be held legally responsible for any copyright infringement which is caused or encouraged by your failure to abide by the terms of this License.
4. USE RESTRICTIONS. As the LICENSEE, you may physically transfer the SOFTWARE from one computer to another provided that the SOFTWARE is used on only one computer at a time. You may not electronically transfer the SOFTWARE from one computer to another over a network. You may not distribute copies of the SOFTWARE or accompanying written materials to others. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the SOFTWARE. You may not modify, adapt, translate or create derivative works based on the written materials without the prior written consent of Kinectrics Inc.
5. TRANSFER RESTRICTIONS. This SOFTWARE is licensed only to you, the LICENSEE, and may not be transferred to anyone without the prior written consent of Kinectrics Inc. In no event may you transfer, assign, rent, lease, sell or otherwise dispose of the SOFTWARE on a temporary or permanent basis without the express written consent of Kinectrics Inc. Any authorized transferee of the SOFTWARE shall be bound by the terms and conditions of this License and Limited Warranty.
6. TERMINATION. This License is effective until terminated. This License will terminate automatically without notice from Kinectrics Inc. if you fail to comply with any provision of this License. The LICENSEE may terminate this License with thirty (30) days’ notice to Kinectrics Inc. In the event of termination for any reason, the LICENSEE acknowledges and agrees that any payment made by the LICENSEE up to the date of such termination is non-refundable. Liabilities arising out of the use of the Software by the LICENSEE shall survive such termination. Upon termination you shall destroy the written materials and all copies of the SOFTWARE, including modified copies, if any.
THE ARCPRO®SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FURTHER, KINECTRICS INC. AND ITS DISTRIBUTORS OR THEIR AGENTS, DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU.
KINECTRICS INC. AND ITS EMPLOYEES, DISTRIBUTORS AND AGENTS DO NOT MAKE ANY WARRANTY EXPRESSED OR IMPLIED WITH RESPECT TO THE RESULTS FROM THE SOFTWARE; OR ASSUME ANY LIABILITIES FOR ANY LOSS, DAMAGES, INJURY, DEATH, COSTS OR EXPENSES, OR ANY OTHER CLAIM ARISING OUT OF, IN CONNECTION WITH, OR AS A CONSEQUENCE OF, USE OF THE SOFTWARE OR ANY INFORMATION ASSOCIATED IN ANY WAY WITH THE SOFTWARE.
IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE YOU, AND NOT KINECTRICS INC. OR ITS DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
Kinectrics Inc. warrants to the LICENSEE the downloaded files that constitute the ARCPRO®SOFTWARE are free from file corruption at the time of download from the Kinectrics’ authorized e-commerce purchase website. Kinectrics Inc.'s entire liability and your exclusive remedy as to the download shall be, at Kinectrics’ discretion upon review of the specific user case conditions, setup of a follow on download mechanism to permit the user to retrieve the ARCPRO®SOFTWARE package in the event the software previously downloaded is corrupted or otherwise rendered non-functional.
THE ABOVE IS THE ONLY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE THAT IS MADE BY KINECTRICS INC. ON THIS PRODUCT.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KINECTRICS INC., ITS DISTRIBUTORS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
NEITHER KINECTRICS INC. NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) OR FOR ANY COSTS OR EXPENSES ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF KINECTRICS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS FORM IS YOUR ACKNOWLEDGEMENT AND AGREEMENT WITH THE TERMS AND CONDITIONS OF THE KINECTRICS INC. SOFTWARE USER LICENSE AND LIMITED WARRANTY.
LICENSEE acknowledges that it has read and understood the ARCPRO®SOFTWARE User License Agreement that was included with the product at the time of purchase, and the associated Limited Warranty, and that it agrees to be bound by such terms and conditions. LICENSEE also agrees that the User License and Limited Warranty are the complete and exclusive statement of agreement between the parties and supersedes all prior agreements oral or written, and any other communications between the parties relating to the subject matter of the User License or the Limited Warranty.
The end user of this SOFTWARE is responsible for all liability arising out of its use of the SOFTWARE or information associated with the SOFTWARE and agrees to indemnify and save harmless Kinectrics Inc. and its distributors and their agents from all liability and claims by any person for all damages, expenses, costs for injury to or death of any person, except for employees, servants or agents of Kinectrics Inc., or damage to or destruction of any property or person, except for the property of Kinectrics Inc., arising from or occurring by reason of the use by any person of the SOFTWARE or information associated in any way with the SOFTWARE