THIS END USER LICENSE AGREEMENT ("Agreement") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AND THE AUTHOR (Author) OF KISSKEY. PLEASE READ THIS AGREEMENT CAREFULLY AND PRINT OUT A COPY FOR YOUR RECORDS. THIS AGREEMENT SUPERSEDES PREVIOUS VERSIONS.
BY CLICKING ON THE "I Agree" BUTTON AND DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING KISSKEY SOFTWARE YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND/OR DO NOT DOWNLOAD, INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.
1. SOFTWARE: As used in this Agreement, the term "Software" refers to the the Author software which you have selected to download. The term "Software" also shall include any upgrades, modified versions or updates of the Software.
2. GRANT OF LICENSE: Subject to the terms of this Agreement, the Author hereby grants you a perpetual, non-exclusive, non-transferable right to: (i) install the Software, (ii) use the Software for your internal use, and (iii) copy the Software for back-up or archival purposes. Notwithstanding the foregoing, you acknowledge and agree that, depending on the version (trial or fully licensed) of Software, certain restrictions may apply to your use of the Software and certain features of the Software ("Special Features") may be unavailable to you or available subject to certain limitations, as follows:
2.1 TRIAL VERSIONS: If you have received a free trial license key of the Software, you will be able to access the Special Features of the Software only for a limited trial period (the "Trial Period"). Unless you pay the applicable one-time license fee for the Software and install a license key (as described in Section 6 ("License Keys")), the Special Features of the Software will become inoperable and automatically expire at the end of your Trial Period. In the event that you pay the applicable license fee for the Software, your ability to access the Special Features of the Software.
2.2 FULLY LICENSED VERSIONS: If you paid the applicable license fee and got fully licensed version of the Software, your ability to access the Special Features of the Software. PLEASE NOTE THAT THE AUTHOR PROVIDES THE PRODUCT ON THE "TRY BEFORE YOU BUY" PRINCIPLE AND DOES NOT ACCEPT RETURNS OF THE PURCHASED COPY OF THE PRODUCT. YOU ARE PROVIDED WITH A FULL VERSION COPY OF THE PRODUCT THAT YOU ARE INVITED TO EVALUATE FOR AN EVALUATION PERIOD PURSUANT TO THIS SECTION 2.1 BEFORE AGREEING TO PURCHASE THE FULL VERSION NON_EXPIRING LICENSE BY ORDERING THE APPLICABLE LICENSE KEY.
3. TECHNICAL SUPPORT: Subject to payment of the applicable license fee, the Author will provide you with technical support, free of charge, for a limited period commencing on your payment of such license fee. You may obtain continued technical support for a specified period of time by paying the Author's applicable then-current fee for Subscription Services and installing the applicable license keys, provided that such option is made available to you.
4. LICENSE RESTRICTIONS: 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. Any use in violation of this Section shall immediately terminate your license to the Software.
5. THIRD PARTY SOFTWARE: Certain third party software included with the Software is subject to additional terms and conditions imposed by the Author's third party licensor(s). Such terms and conditions are contained in the "About" pages of the Software and are deemed incorporated herein by reference.
6. LICENSE KEYS: You acknowledge that the Software contains a license key. If you pay the applicable license fee for the Software, the Author will provide you an initial license key for installation with the Software which will enable you to (i) use the Software (including Special Features) during the term of your license. You agree not to purchase any license keys or similar computer code for the Software from any source other than the Author or the Author's authorized partners.
7. WARRANTY:
7.1 GENERAL: The Software is provided to you at minimal charge. The Author does not guarantee that use of the Software will be uninterrupted or error-free. The Author does not guarantee that the information accessed by the Software will be accurate or complete. You acknowledge that performance of the Software may be affected by any number of factors, including without limitation, technical failure of the Software, the acts or omissions of third parties and other causes reasonably beyond the control of the Author. Certain features of the Software may not be forward-compatible with future versions of the Software and use of such features with future versions of the Software may require purchase of the applicable future version of the Software.
7.2 AS IS SALE: EXCEPT FOR THE LIMITED WARRANTIES SET FORTH IN SECTION 7.1, YOU AGREE THAT THE AUTHOR AND ITS LICENSORS HAVE MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE SOFTWARE AND SUBSCRIPTION SERVICES AND THAT THE SOFTWARE AND SUBSCRIPTION SERVICES ARE BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ACKNOWLEDGE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND/OR SUBSCRIPTION SERVICES IS WITH YOU. SHOULD THE SOFTWARE AND/OR SUBSCRIPTION SERVICES PROVE DEFECTIVE, YOU (AND NOT THE AUTHOR, THE RETAILER, OR ANY DISTRIBUTOR) ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS.
7.3 DISCLAIMER: THE AUTHOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, (i) THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) THAT THE SOFTWARE OR SUBSCRIPTION SERVICES WILL AVERT OR PREVENT ALL OCCURRENCES (OR THE CONSEQUENCES THEREFROM) THAT THE SOFTWARE OR SUBSCRIPTION SERVICES ARE DESIGNED TO DETECT AND/OR PREVENT; OR (iii) THAT ANY INFORMATION ACCESSED BY THE SOFTWARE OR SUBSCRIPTION SERVICES WILL BE ACCURATE OR COMPLETE. THIS WARRANTY DISCLAIMER AFFECTS YOUR LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8. PROTECTION OF YOUR PRIVACY: When you agree to this license agreement, you agree to send the user name you select when registering this software to HeavenWard, and you agree to send to HeavenWard information about your computer system necessary to license and install this software, such as computer name and computer, processor, and system versions and IDs. HeavenWard does not share this information with any other third party. This software does not collect any other information from your computer, including any personal, personal identity, or sensitive information of any kind.
9. TERMINATION: This Agreement shall terminate automatically if you fail to comply with the terms of this Agreement. No notice shall be required from the Author to effect such termination. You may also terminate this Agreement at any time by notifying the Author in writing of termination. Upon any termination of this Agreement, you must uninstall and destroy all copies of the Software.
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