END-USER LICENSE AGREEMENT FOR KC APPS
This license statement and limited warranty constitutes a legal agreement (“License Agreement”) between you (either as an individual or a single entity) and KC APPS for the software product named “KC APPS” (“Software Product”), including any software, media, and related on-line, printed or electronic documentation.
By installing, copying, or otherwise using the Software Product, you agree to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, do not install, copy, or use the Software Product.
This license agreement shall supersede any verbal, or prior verbal or written, statement or agreement to the contrary.
The Software Product is proprietary to KC APPS. The Software Product is licensed, not sold, to you notwithstanding any reference herein to “purchases.” You acknowledge and agree that: (a) the Product is protected under copyright laws and international copyright treaty; (b) KC APPS retains all copyrights and other intellectual property rights in the Software Product; (c) there are no implied licenses under this License, and any rights not expressly granted to you hereunder are reserved by KC APPS; (d) you acquire no ownership or other interest (other than your license rights) in or to the Software Product; and (e) KC APPS owns all copies of the Software Product, however made. You agree that you will not, at any time, contest anywhere in the world KC APPS Software’s ownership of the Software Product, nor will you challenge the validity of KC APPS Software’s rights in the Software Product.
2. NO WARRANTY
This Software Product and/or related documentation and files are provided on an “as is” basis, without any representation or warranty of any kind, either express or implied, including without limitation any representations or endorsements regarding the use of, the results of, or performance of the Software Product, its appropriateness, accuracy, reliability, or correctness. The entire risk as to the use of the Software Product is assumed by you.
KC APPS and/or any developer of the Software Product do not assume liability for the use, installation and distribution of the Software Product: in no event shall KC APPS Software and/or developers of the Software Product be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software Product, even if KC APPS Software has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In this case KC APPS Software will only be liable for the amount of money you spent for the Software Product in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of ownership from the customer back to KC APPS.
Upon your acceptance of the terms and conditions of the License Agreement KCAPPS Software grants you the right to use the Software Product in the manner provided below.
3.1. Evaluation – “Trial edition”
In order to evaluate the Software Product, you may install the Product, as outlined below, on a temporary basis for trial, evaluation, non-commercial purposes only (the “Evaluation Period”): the Software Product is almost fully functional (it may however contain some minor limitations) and it works in an evaluation state called “Trial edition”.
The Evaluation Period is limited to the greater of the period of time specified to you by KC APPS Software or thirty (30) days from the date the Software Product is installed. At the end of the Evaluation Period your license to use the Product expires. During the Evaluation Period, KC APPS Software grants you the personal, nonexclusive, nontransferable and limited license to use the Software Product solely for evaluation purposes.
In order to use the Software Product after the Evaluation Period, you must obtain from KC APPS a registered license to use the Product in accordance with the terms and conditions of this License Agreement.
You may not use the Software Product in the Trial edition state for any commercial, business, governmental or institutional purpose of any kind. At the end of the Evaluation Period, further use of the Software Product by you is prohibited without the purchase of a registered license. If you do not purchase a registered license for the Software Product at the end of the Evaluation Period, you hereby agree to permanently remove or delete the Software Product from all computer systems, including Servers and workstations, on which it was installed and destroy any software and documentation received. If you desire to continue to use the Software Product following the Evaluation Period, you should contact KC APPS to order registered licenses to use the Software Product.
You may distribute the Trial edition of the Software Product that is available for public download at http://www.kcapps.dk/download-app/ at the moment that you do distribute it, on the condition that you do this by making identical copies of the downloaded file(s). Public download means any file that can be downloaded by browsing to http://www.kcapps.dk/download-app/ and navigating through the links visible on the page, without the use of any password that you may type in or that may be automatically supplied by your browser if you have typed it in before. You must not ask payment for the act of distributing the evaluation version of the Software Product or for the evaluation version itself. You may ask a reasonable contribution to cover your expenses in material, shipping and communication costs. You must make it clear to the recipient that you are sending an evaluation version and that the recipient will have to accept a license agreement in order to evaluate it, and make payment in order to use the Registered edition of the Software Product. You must not distribute the evaluation version by making it part of a larger package, unless that package is a collection of evaluation software and other software that does not require payment.
3.2. Registered edition
When the Software Product does not work in the “Trial edition” (as defined above), it works in a “Registered mode” called “Registered edition”, i.e. all of the limitations (applications that shall expire, nag screen at startup…) of the “Trial edition” are therefore removed. Only a registered license is allowed to make the Software Product work in a Registered mode.
The following terms of this section are applicable to you only if you have acquired a license for the Registered edition of the Software Product directly from KC APPS.
Subject to the terms and conditions of this License, KC APPS grants to you, if you are an individual, or, if you are an entity, one (1) designated person in your organization (“Named User”) a personal, nonexclusive and limited license to use the Registered Software Product solely for your own internal purposes. You may purchase from KC APPS additional licenses to permit multiple Named Users to use the Registered Software Product (each, a “Named User License”). The foregoing Named User Licenses shall be for access and use, only by the equivalent number of Named Users for whom you have paid the applicable license fees and obtained a registered license. The Registered Software Product may be used exclusively by the specifically designated Named Users, subject to all the terms and conditions of this License Agreement. You agree that you will not designate more Named Users than the number of Named User Licenses that KC APPS has expressly granted to you and you will not allow the Registered Software Product to be used by any individuals other than the Named Users designated by you from time to time.
Transferring your License. You may transfer all of your rights to use the Registered Software Product to another person, provided that you transfer to that person all of the software, disks (if applicable), and documentation provided in this package (including this agreement), and transfer or destroy all copies in any form. Remember, once you transfer the software, you no longer have any right to use it, and the person to whom it is transferred may use it only in accordance with the copyright law, international treaty, and this license agreement.
For each registered license that you acquire to use the Software Product, you will be provided with an activation code by KC APPS.
You may activate and use the Registered Software Product, or any prior version legally licensed for the same operating system, on a single computer or terminal.
Activating the Registered Software Product can be automated or manual. Automated activation lets the Registered Software Product send your activation code, a unique machine ID based only on computer characteristics, and the Software Product’s version number to KC APPS itself.
All received information may be stored by KC APPS and reused to detect and prevent fraud and abuse of the Registered Software Product. Activation protects KC APPS against unlawful copying and ensures you that you are using a genuine Registered Software Product.
You agree that you may not be able to use the Registered Software Product if it is not activated.
In specific cases only KC APPS may provide you with a non-hardware-locked activation code. If this is the case, you agree that you will not activate the Registered Software Product on more than a reasonable number of machines simultaneously, and you agree that the Named User remains the only individual permitted to use the Registered Software Product.
You acknowledge that there are technological measures in this Software Product that are designed to prevent unlicensed or illegal use of the Software Product. You agree that KC APPS may use those measures and you agree to follow any requirements regarding such technological measures.
You have no right to distribute, share, duplicate, nor publish your activation code except for backup purposes only; subject to the other terms and conditions of this License, you may make a reasonable number of copies of the Registered Software Product to backup devices such as hard disks, optical media, or tape and one (1) physical CD media backup copy of the Registered Software Product solely to replace the original copy provided to you if the original copy is damaged or destroyed. All rights not specifically granted to you herein are retained by KC APPS.
Only upon written approval from You, KC Apps may refer to you by name, trade name and trademark, if applicable, and may briefly describe your business in KC APPS Software’s marketing materials and web site. This approval can at any time later on be reversed if so desired.
5. SERVICES , UPDATES
KC APPS is not required under this License to provide any installation, training or other services to you. If, pursuant to a separate support agreement or otherwise, KC APPS provides you with a new release, error correction, update, upgrade or other modification to the Software Product, such modification will be deemed part of the Software Product, and subject to the terms of this License, unless the modification is expressly provided subject to a separate license agreement. KC APPS reserves the right at any time not to release or to discontinue release of any Software Product and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of any future releases of the Software Product.
During the lifetime of the Software Product, KC APPS may provide technical support in response to email requests or via the forum at http://www.kcapps.dk/user-forum. E-mail support requests must be sent to the addresses specified on the website. KCAPPS is not responsible for your failure to receive response to your support inquiry, based upon your use of junk mail controls and filters.
Without prejudice to any other rights, KC APPS may terminate this License Agreement if you fail to comply with the terms and conditions of this License Agreement. In such event, all rights granted under this License Agreement will immediately terminate and you must stop all use of the Software Product and any Redistributables; (b) you must destroy all copies of the Software Product provided to or made by you, including all component parts; and (c) all provisions of this License Agreement with the exception of the licenses granted in section 3, will survive termination of this License Agreement for any reason.
This License Agreement constitutes the entire, final and exclusive agreement between you and KC APPS regarding the specific license transaction described herein. If any provision of this License is held to be illegal, invalid or unenforceable for any reason, then such provision will be enforced to the maximum extent permissible and the remainder of the provisions of this License Agreement will remain in full force and effect.