End user agreement for AppLife Update Limited
KINETIC JUMP SOFTWARE, LLC.
END USER SOFTWARE LICENSE AGREEMENT
IMPORTANT – PLEASE READ CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING ANY PART OF THIS INTERACTIVE SOFTWARE PRODUCT. THIS IS A LEGAL DOCUMENT THAT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE PRODUCT. BY DOWNLOADING, INSTALLING OR USING THIS SOFTWARE, OR BY USING ANY PART OF IT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE LEGALLY BOUND BY ITS TERMS.
Kinetic Jump Software, LLC will license this product to you, the licensee (“you” or “Licensee”) only if you accept all of the terms of this end user software license agreement (this “Agreement”). Kinetic Jump Software, LLC provides its software and licenses its use either directly or through authorized dealers. You assume responsibility for the selection of software to achieve your intended results, and for the installation, use and results obtained from the software.
1. Grant of License. Subject to the terms of this Agreement, Kinetic Jump Software, LLC hereby grants to you a non-exclusive and non-transferable license (without any right to sublicense), the software program in machine-readable object code form contained in the media (the “Program”), (ii) the associated written documentation provided by Kinetic Jump Software, LLC (the “Documentation”), and (iii) any updates, revisions or upgrades of the Program or the Documentation provided to you by Kinetic Jump Software, LLC or its authorized reseller (each an “Update”) (the Program, the Documentation and any Update collectively the “Product”). If you receive replacement or backup media containing the Program, you may only use it to in fact replace the primary media and may not transfer the original media to any other individual or computer. All rights not expressly granted to you herein are hereby reserved by Kinetic Jump Software, LLC.
2. Scope of Use. You may install the Product on multiple computers for individual use, so long as a licensed user is using the software. In addition, you shall not, nor permit any party to: (i) sell, lease, sublicense, distribute, or otherwise transfer the Product to any person, firm, or entity; or (ii) copy, modify, adapt, translate, decompile, disassemble create or attempt to create, by reverse engineering or otherwise, the source code from any object code supplied hereunder, except you may make one copy of the Program in object code form as supplied, solely for backup or archival purposes. Portions of the Product may not be used independently of the Product. Single Users: Notwithstanding the foregoing, if you have purchased a single-user License, the Product may not be used concurrently on more than one computer or processor unless you purchase additional licenses for each additional concurrent use.
3. Ownership. This is a license agreement and NOT an agreement for sale. All worldwide Intellectual Property Rights that are embodied in or related to the Product are, and at all times shall remain, the sole and exclusive property of Kinetic Jump Software, LLC, whether or not specifically recognized or protected under local laws. For purposes of this Agreement, the term “Intellectual Property Rights” means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights. You may not delete, alter, cover, or distort any copyright, trademark, or other proprietary rights notice placed by Kinetic Jump Software, LLC on or in the Product.
4. Limited Warranty, Remedies and Disclaimer of Warranty. Kinetic Jump Software, LLC warrants that the media containing the Product shall be free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of shipment to you (the “Warranty Period”). If a defect in such media appears during the Warranty Period, your sole and exclusive remedy and Kinetic Jump Software, LLC’s sole liability under this warranty is the replacement of defective media. To receive a replacement for defective media, you must return the defective media during the Warranty Period to the place of purchase. Except for the foregoing express warranty, the Product is licensed to you on an “AS IS” basis without any warranty whatsoever. No services, training, support or maintenance is provided to you by Kinetic Jump Software, LLC under this Agreement. Kinetic Jump Software, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, NOT EXPRESSLY STATED IN THIS SECTION 4, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF TITLE, INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES AND COUNTRIES DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY STATE OR COUNTRY.
5. Limitation of Liability. IN NO EVENT SHALL KINETIC JUMP SOFTWARE, LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) EVEN IF KINETIC JUMP SOFTWARE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KINETIC JUMP SOFTWARE, LLC’S LIABILITY SHALL BE LIMITED IN THE AGGREGATE TO A REFUND OF THE PURCHASE PRICE OF THE PRODUCT THAT GAVE RISE TO THE CLAIM. IN NO EVENT SHALL KINETIC JUMP SOFTWARE, LLC BE LIABLE FOR YOUR COST OF PROCURING SUBSTITUTE GOODS.
6. Export Restrictions. You agree to comply at all times with the provisions of all applicable laws and regulations regarding export controls or technology transfer restrictions of any applicable jurisdiction, including without limitation those of the United States Departments of Commerce and State.
7. Government Rights. Products furnished to the United States or any state or local government are provided on these commercial terms and conditions.
8. General Provisions. This Agreement and its license shall automatically terminate upon failure by you to comply with any of its terms, or if you voluntarily return the Product to Kinetic Jump Software, LLC or the place of purchase. This Agreement will be governed by the laws in force in the state of Minnesota excluding its conflict of law rules and exclusive venue for any litigation shall be in Minnesota. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement may only be modified in a writing referencing this Agreement and duly signed by an authorized officer of Kinetic Jump Software, LLC. This Agreement constitutes the entire agreement between you and Kinetic Jump Software, LLC relating to the Product, and supersedes any prior purchase order, communications, advertising or representations concerning the Product.