End user agreement for Kon-Boot
END-USER LICENSE AGREEMENT FOR KON-BOOT IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: KON-BOOT.COM End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and KON-BOOT.COM for the KON-BOOT.COM software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and KON-BOOT.COM, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. 1. Eligible Licensees. This SOFTWARE PRODUCT is available for license solely to persons who are bound by the terms of the EULA (referred to herein as a “Licensee” and sometimes as “You”). DOWNLOADING OR USE OF THE SOFTWARE PRODUCT BY ANYONE OTHER THAN A LICENSEE OR IN VIOLATION OF THE TERMS OF THIS EULA IS AN INFRINGEMENT OF COPYRIGHT AND MAY BE A CRIMINAL OFFENSE. 2. License Grant. KON-BOOT.COM grants to the Licensee a personal, non-transferable and non-exclusive right to use the copy of the SOFTWARE PRODUCT provided with this EULA. You agree You will not copy the SOFTWARE PRODUCT except as necessary to use it on a single computer. You agree that You may not copy the written materials accompanying the SOFTWARE PRODUCT. Modifying, translating, renting, copying, transferring or assigning all or part of the SOFTWARE PRODUCT, or any rights granted hereunder, to any other persons, or removing any proprietary notices, labels or marks from the SOFTWARE PRODUCT is strictly prohibited. Furthermore, You hereby agree not to create derivative works based on the SOFTWARE PRODUCT. You may not transfer or otherwise distribute this SOFTWARE PRODUCT either voluntarily or by operation of law. 3. Copyright. The SOFTWARE PRODUCT is licensed, not sold. You acknowledge that no title to the intellectual property in the SOFTWARE PRODUCT has been or is transferred to You. You further acknowledge that title and full ownership rights to the SOFTWARE PRODUCT will remain the exclusive property of KON-BOOT.COM, and You will not acquire any rights to the SOFTWARE PRODUCT, except as expressly set forth above. All copies of the SOFTWARE PRODUCT will be deemed to contain the same proprietary notices as contained in or on the SOFTWARE PRODUCT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT , are owned by KON-BOOT.COM. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions and KON-BOOT.COM reserves all rights under all such laws and treaties. DOWNLOADING OR USE OF THE SOFTWARE PRODUCT BY ANYONE OTHER THAN A LICENSEE OR IN VIOLATION OF THE TERMS OF THIS EULA IS AN INFRINGEMENT OF COPYRIGHT AND MAY BE A CRIMINAL OFFENSE. 4. No Reverse Engineering. You agree that You will not attempt, and if You are a corporation or other business entity, You will prevent Your employees and contractors from attempting to reverse compile, modify, translate or disassemble the SOFTWARE PRODUCT in whole or in part. Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic termination of this license and the reversion of the rights granted hereunder to KON-BOOT.COM. 5. Disclaimer of Warranty. The SOFTWARE PRODUCT is provided "AS IS" without warranty of any kind. KON-BOOT.COM and its suppliers disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the SOFTWARE PRODUCT is with You. Neither KON-BOOT.COM nor its suppliers warrant that the functions contained in the SOFTWARE PRODUCT will meet Your requirements or that the operation of the SOFTWARE PRODUCT will be uninterrupted or error-free. KON-BOOT.COM IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE PRODUCT. 6. Limitation of Liability. KON-BOOT.COM`s entire liability and Your exclusive remedy under this EULA shall not exceed the price paid for the SOFTWARE PRODUCT, if any. In no event shall KON-BOOT.COM or its suppliers be liable to You for any consequential, special, incidental or indirect damages of any kind arising out of the use or inability to use the SOFTWARE PRODUCT, even if KON-BOOT.COM or its supplier has been advised of the possibility of such damages, or any claim by a third party. 7. Rental. You may not loan, rent, or lease the SOFTWARE PRODUCT. 8. Upgrades. If the SOFTWARE PRODUCT is an upgrade from an earlier release or previously released version, You now may use that upgraded product only in accordance with this EULA. If the SOFTWARE PRODUCT is an upgrade of a SOFTWARE PRODUCT program which You licensed as a single product, the SOFTWARE PRODUCT may be used only as part of that single product package and may not be separated for use on more than one computer. 9. OEM Product Support. Product support for the SOFTWARE PRODUCT may be provided by KON-BOOT.COM in its sole discretion. If such support is provided a fee may be charged. In any event, KON-BOOT.COM and its suppliers disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights of such support. The entire risk as to the quality and performance of the support is with You. Neither KON-BOOT.COM nor its suppliers warrant that the functions contained in the support will meet Your requirements or that the operation of the SOFTWARE PRODUCT based on the support will be uninterrupted or error-free. For product support, please e-mail KON-BOOT.COM. Should You have any questions concerning this, please refer to the address provided in the documentation. 10. No Liability for Consequential Damages. In no event shall KON-BOOT.COM or its suppliers be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this SOFTWARE PRODUCT, even if KON-BOOT.COM has been advised of the possibility of such damages. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You. 11. Indemnification By You. If You distribute the SOFTWARE PRODUCT in violation of this Agreement, You agree to indemnify, hold harmless and defend KON-BOOT.COM and its suppliers from and against any claims, proceedings or lawsuits, including attorney`s fees that arise in connection with or as a result from the use or distribution of the SOFTWARE PRODUCT.