Single User License Agreement
READ THIS AGREEMENT BEFORE USING
PLEASE READ THIS AGREEMENT BEFORE USING THIS SOFTWARE PACKAGE. IF YOU OPEN THIS SOFTWARE EXECUTABLE OR KEEP IT FOR MORE THAN THIRTY (30) DAYS, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
The software, including, but not limited to, one or more of the following: dynamic-link libraries, shared libraries, static libraries, executables and related explanatory written materials (“Documentation” on or offline; collectively, the “Software”) is owned by Kneson Software or its suppliers and is protected by U.S. copyright laws and other laws and by international treaties. It is intended for use on a single computer.
This Kneson Software Single User License Agreement accompanies the Software. This copy of the Software is licensed to you as the end user or to your employer (“Company”) for the exclusive use on a single computer (“CPU”). If the Company has acquired the license for use on a company computer, the Company shall be bound by the terms and conditions of this Agreement. “You” as used in the remainder of this Agreement shall refer to the individual licensee. If you do not accept this Agreement you may return this package to the place you obtained it within thirty (30) days and your money will be refunded, and the Software will be removed from the computer upon which it was installed via a prescribed refund procedure. If you do not understand any of the provisions of this Agreement, you may request a written explanation from Kneson Software.
1. License Grant. Subject to the terms and conditions of this Agreement, Kneson Software grants to you the limited, non-exclusive, non-transferable right to use only one copy of the Software on a single computer (CPU) pursuant to the terms and conditions set forth in this Agreement, except that this license does not grant the right to use the Software on any mainframe class computer(s). For purposes hereof, “mainframe class computers” mean such computers as are marketed or commonly considered to be mainframe computers in the computer industry. You may also (a) make one backup copy of the Software solely for backup purposes, or (b) transfer the Software to a hard disk and keep the original copy solely for backup purposes. In addition, you may modify photos, pictures or digital images (collectivelly, “digital images”) only within the bounds of the copyrights of these works; your license to modify digital images is incorporated within the copyrights of the images and their source and is outside the scope of this agreement. Kneson Software assumes no responsibility for any infringement of the copyrights of digital images from any source.
2. License Restrictions. Notwithstanding any provisions in this Agreement to the contrary, you may not (a) distribute in any manner any of the Software as defined above, or Documentation, (b) distribute any portion of the Software or any derivative of any portion of the Software in a software utility product or software development tool or otherwise in competition with Kneson Software’s distribution of the Software, (c) use, copy, modify or merge all or any portion of the Software, (d) sublicense the Software to others, (e) install the Software on more than one computer. In addition, you may not (a) decompile, disassemble, or reverse engineer any portion of the Software, (b) export from the United States any portion of the Software without obtaining the prior written consent of Kneson Software and all applicable export licenses and governmental permits, (c) rent or lease the Software, or (e) copy the Documentation, including any documentation available in on-line form.
3. License Termination. License for our software is on a per-user basis (e.g. one license per computer per user). In the event that the user requests a refund, the license termination procedure must be followed. The license termination procedure is administered by Kneson Customer Service. Please write to for this procedure. Refunds will not be issued without proper license termination. Upon properly completing the license termination procedure refunds are promptly issued.
4. Limited Warranty.
(a) Kneson Software warrants to you that the unaltered Software will substantially perform the functions described in the Documentation for a period of thirty (45) days after the date of delivery of the Software to you. Kneson Software’s sole and exclusive obligation, and your sole and exclusive remedy, under this warranty shall be limited to Kneson Software’s using reasonable efforts to correct material, documented, reproducible defects in the unaltered Software that you describe and document to Kneson Software during the thirty (45)-day warranty period. In the event that Kneson Software fails to correct a material, documented, reproducible defect within a reasonable period, Kneson Software may, at Kneson Software’s discretion, replace the defective Software or refund to you the amount that you paid Kneson Software for the defective Software using Kneson Software’s prescribed refund policy, defined as sending an e mail requesting such refund to firstname.lastname@example.org and following subsequent uninstall and refund instructions, then will cancel this Agreement and the licenses granted herein. In such event, you agree to comply with Kneson Software’s refund policy to alow removal of all copies of the Software from the computer upon which it was installed.
(b) EXCEPT AS EXPRESSLY SET FORTH ABOVE, KNESON SOFTWARE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
5. Limitation of Liability. IN NO EVENT SHALL KNESON SOFTWARE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF KNESON SOFTWARE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6. Notice. Should you have any questions concerning this Agreement, or if you desire to contact Kneson Software for any reason, please write to us at Kneson Software, 1650 Emerald Street, Suite 24, San Diego, California, 92109.
7. Termination. This Agreement shall remain effective until terminated by either party. Kneson Software reserves the right, at its sole discretion, to terminate this Agreement upon thirty (30) days’ written notice if you have breached the terms and conditions hereof. You may terminate this Agreement at any time by ceasing to use the Software and by contacting Kneson Software to initiate its prescribed removal procedure, or by destroying all copies of the Software. Termination of this Agreement shall not relieve you of any obligations not to disclose the Software. Sections 2, 4, 6 and 7 shall survive termination of this Agreement.
8. Miscellaneous. This Agreement shall be governed by California law, excluding its conflict of law provisions. Should any provision of this Agreement be held by a court of law to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby. The failure of any party to enforce any of the terms or conditions of this Agreement, unless waived in writing, shall not constitute a waiver of that party’s right to enforce each and every term and condition of this Agreement.
The Software is comprised of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and is provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995).
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US WHICH SUPERSEDES ANY PROPOSAL OR PRIOR OR CONTEMPORANEOUS AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.