End user agreement for Kerika
This Software End User License Agreement (EULA) is a legal agreement between you (either an individual or, if purchased or otherwise acquired by or for an entity, an entity) and Kerika, Inc. Read it carefully before completing the installation process and using the software. It provides a license to use the software and contains warranty information and liability disclaimers. If you do not agree to be bound by these terms, then do not install the software.
a) Kerika means Kerika, Inc. and its licensors, if any.
b) Software means only the Kerika software program(s) and third party software programs, in each case, supplied by Kerika herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation, and all updates or upgrades of the above that are provided to you.
2. License Grants
a) You may install and use the Software on a single desktop or laptop computer that has a Microsoft Windows PC operating system (including desktop or laptop PC versions of Windows 95, 98, 2000, NT, ME and XP (Home and Professional), Vista (all editions), an Apple Macintosh desktop or laptop operating system, a Linux desktop or laptop operating system, or a Solaris desktop or laptop operating system; provided, however, that, notwithstanding anything contrary contained herein, you may not use the Software on any non-PC product or any embedded or device versions of the above operating systems, including, but not limited to, mobile devices, internet appliances, set top boxes (STB), handhelds, PDAs, phones, web pads, tablets, game consoles, TVs, DVDs, gaming machines, home automation systems, kiosks or any other consumer electronics devices or mobile/cable/satellite/television or closed system based service. A license for the Software may not be shared, installed or used concurrently on different computers.
b) You agree that Kerika may audit your use of the Software for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Software by you other than in full compliance with the terms of this Agreement, you shall reimburse Kerika for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.
c) Your license rights under this EULA are non-exclusive.
d) Certain rights are not granted under this Agreement, but may be available under a separate agreement. If you would like to enter into a distribution agreement or learn of other licensing strategies, please contact firstname.lastname@example.org.
3. License Restrictions
a) You may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.
b) You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
c) You may not sell, rent, lease, or sublicense the Software.
d) You may not modify the Software or create derivative works based upon the Software.
e) You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder.
f) In the event that you fail to comply with this EULA, Kerika may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination).
g) You shall not use the Software to develop any software or other technology having the same primary function as the Software, including but not limited to using the Software in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Software.
The foregoing license gives you limited license to use the Software. Kerika and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by Kerika and its suppliers.
5. Warranty Disclaimer
a) Kerika and its suppliers disclaim all warranties and representations, whether express, implied, or otherwise, including the warranties of merchantability or fitness for a particular purpose. Also, there is no warranty of non-infringement and title or quiet enjoyment. Kerika does not warrant that the software is error-free or will operate without interruption. No rights or remedies referred to in Article 2A of the UCC will be conferred on you unless expressly granted herein. The software is not designed, intended or licensed for use in hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, and life support or weapons systems. Kerika specifically disclaims any express or implied warranty of fitness for such purposes.
b) If applicable law requires any warranties with respect to the software, all such warranties are limited in duration to ninety (90) days from the date of delivery.
c) No oral or written information or advice given by Kerika, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of any warranty provided herein.
d) (USA only) 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 legal rights that vary from state to state.
e) Kerika shall have no responsibility if the software has been altered in any way, or for any failure that arises out of use of the software with other than a recommended hardware configuration, platform or operating system.
6. Limitation of Liability
a) Neither Kerika nor its suppliers shall be liable to you or any third party for any indirect, special, incidental, punitive, cover or consequential damages (including, but not limited to, damages for the inability to use equipment or access data, loss of business, loss of profits, business interruption or the like), arising out of the use of, or inability to use, the software and based on any theory of liability including breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if Kerika or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose.
b) Kerika's total liability to you for actual damages for any cause whatsoever will be limited to the greater of US$50 or the amount paid by you for the software that caused such damage.
c) (USA only) Some states do not allow the limitation or exclusion of liability for incidental of consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from state to state.
d) The foregoing limitations on liability are intended to apply to all aspects of this EULA.
7. Basis of Bargain
The Warranty Disclaimer and Limited Liability set forth above are fundamental elements of the basis of the agreement between Kerika and you. Kerika would not be able to provide the Software on an economic basis without such limitations. Such Warranty Disclaimer and Limited Liability inure to the benefit of Kerika's licensors.
8. (Outside of the USA) Consumer End Users Only
The limitations or exclusions of warranties and liability contained in this EULA do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business.
The limitations or exclusions of warranties, remedies or liability contained in this EULA shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.
9. Third Party Software
The Software may contain, without limitation, the third party software listed in this Section 9 which requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are made a part of and incorporated by reference into this EULA. By accepting this EULA, you are also accepting the additional terms and conditions, if any, set forth therein.
This version of Kerika uses Piccolo and JXTA.
Piccolo: Piccolo Zoomable User Interface toolkit Copyright (c) University of Maryland. All rights reserved. See www.cs.umd.edu/hcil/piccolo for additional information.
JXTA(TM) Technology: Copyright (c) 2001-2004 Sun Microsystems, Inc. All rights reserved. See www.jxta.org for additional information.
Notwithstanding anything to the contrary in this agreement, the software described in this section 9 is provided "as is" and any expressed or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall (a) Kerika, inc. (b) the University of Maryland or any other contributors to the Piccolo technology (c) Sun Microsystems, Inc. or any other contributors to the JXTA technology be liable for any indirect, direct, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services, loss of use, data, or profits, or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage.
This EULA shall be governed by the internal laws of the State of Washington, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in King County, Washington or the federal courts in the State of Washington to resolve any disputes arising under this EULA. In each case this EULA shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.
This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of Kerika to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
No Kerika dealer, agent or employee is authorized to make any amendment to this EULA.
If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect.
All questions concerning this EULA shall be directed to: Kerika, Inc., 25736 SE 40th Street, Issaquah, WA 98029, U.S.A., Attention: President.
Kerika and other trademarks contained in the Software are trademarks or registered trademarks of Kerika, Inc. in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This EULA does not authorize you to use Kerika's or its licensors' names or any of their respective trademarks.