End user agreement for CoolKeys
Subject to the terms and conditions of this Agreement, SimpleTools hereby grants you a non-exclusive, non-transferable, non-sublicensable, license to use the Product, Services and Add-Ons (as defined below), on an As-Is basis, for your personal, non-commercial use only. Any commercial use of the Product, Services and Add-Ons is strictly forbidden. If you wish to engage in any kind of commercial use of the Products, Services or Add-Ons, you are required to obtain SimpleTools's expressed prior written consent to such use, as well as an appropriate commercial license to use the Product, Services or Add-Ons by contacting SimpleTools via the following email address: firstname.lastname@example.org.
Other than the rights expressly granted to you hereunder, no other right is granted to you. Without limiting the foregoing, you may not: (a) modify or create any derivative works of the Product or documentation; or (b) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product; or (c) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Product without the prior written permission of SimpleTools; or (d) use any Paid Product or Paid Service (as such terms are defined below), in a manner violating, or exceeding the relevant "Paid Service Terms" or "Paid Product Terms" of SimpleTools, as further detailed below; or (e) use the Product, Services and/or Add-Ons not in compliance with all applicable laws, regulations and government authorizations, including but not limited to export control, copyright, trademarks, patent, secrecy, defamation, decency, and privacy related laws, regulations and authorizations; (f) use, redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to, and/or exploit, the Products, Services and/or Add-Ons, for commercial purposes, or in a commercial manner.
"Add-Ons" - refers to all software add-ons, such as skins, functional and/or content,desktop shortcut icons (i.e.: CoolKeys shortcut icon, or any other icon related to CoolKeys) which may be made available from time to time by either SimpleTools and/or any other third-party, to be used in connection with the Products and/or Services. Please note that the above mentioned content and services tabs may include content, materials and services provided and/or powered by third parties, for which SimpleTools is not responsible and cannot be held liable for and which may be covered by separate legal, commercial and privacy practices. Please consult the applicable terms and conditions and privacy statements of such third party providers to learn more about their practices. SimpleTools reserves the right to amend, discontinue and/or terminate and/or limit and/or disable and/or cancel the available Add-Ons, or any part thereof, at any time, at its sole discretion and without notice to you.
Disclaimer of Warranty and Liability
SIMPLETOOLS EXPRESSLY DISCLAIMS ANY WARRANTY WITH RESPECT TO: (A) THE PRODUCT, SERVICES, ADD-ONS OR ANY INFORMATION, SERVICE OR FUNCTION DELIVERED OR SENT BY SIMPLETOOLS OR ANY THIRD PARTY THROUGH THE PRODUCT SERVICES OR ADD-ONS; AND (B) WITH RESPECT TO CONTENT PLAYED/ VIEWED/ TRANSMITTED /POSTED /SUBMITTED AND/OR MANAGED THROUGH OR IN CONNECTION WITH THE PRODUCT SERVICES, AND/OR , ADD-ONS. THE PRODUCT, SERVICES AND ADD-ONS ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
YOU HEREBY ACKNOWLEDGE THAT SOME FUNCTIONS OF THE PRODUCT,SERVICES AND/OR ADD-ONS MAY NOT BE FULLY FUNCTIONABLE, OR MAY NOT FUNCTION AT ALL, DUE TO YOUR PERSONAL COMPUTER SYSTEM CONFIGURATION (E.G. IF YOU ARE USING A PLATFORM AND/OR A BROWSER WHICH ARE NOT INCLUDED IN SIMPLETOOLS'S SUPPORTED PLATFORMS OR SUPPORTED BROWSERS LIST) OR MAY BE DISABLED OR FORBIDDEN FOR USE DUE TO LEGAL REQUIREMENTS APPLICABLE IN AND/OR TO YOUR JURISDICTION.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT, SERVICES AND ADD-ONS IS BORNE BY YOU. THIS PRODUCT, SERVICES AND/OR ADD-ONS ARE NOT FAULT TOLERANT AND SHOULD NOT BE USED IN ANY ENVIRONMENT WHICH REQUIRES THIS. YOU HEREBY EXPRESSLY AGREE NOT TO USE OR RELY ON THE PRODUCT, SERVICES OR ADD-ONS FOR ANY APPLICATIONS THAT MAY RESULT IN ANY DAMAGE IF FAILED OR ANY OTHER MISSION CRITICAL APPLICATIONS, OR FOR HANDLING SENSITIVE, PRIVATE, OR CONFIDENTIAL INFORMATION OF ANY SORT. THE SECURITY MECHANISMS IMPLEMENTED BY THE PRODUCT, SERVICES AND ADD-ONS HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE PRODUCT, SERVICES AND ADD-ONS SUFFICIENTLY MEET YOUR REQUIREMENTS.
SIMPLETOOLS DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS PERFORMED BY THE PRODUCT, SERVICES OR ADD-ONS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ANY INFORMATION, DATA, COMPUTER PROGRAM, CONTENT, ADVERTISEMENT AND OTHER MATERIALS RECEIVED ON OR THROUGH THE PRODUCT, SERVICES, ADD-ONS OR ANY ADD-ON DOWNLOADED FOR THE PRODUCT WILL BE FREE OF ANY VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER DESTRUCTIVE PROPERTIES, AND WILL NOT CONTAIN ANY OBJECTIONABLE MATERIALS OR DEEMED OBJECTIONABLE BY SOME INDIVIDUALS.
YOU HEREBY AGREE TO COMPLY WITH ALL RELEVANT EXPORT LAWS AND REGULATIONS, AND TO ENSURE THAT THE PRODUCT IS NOT EXPORTED IN VIOLATION OF SUCH APPLICABLE LAWS.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT , SERVICES OR ADD-ONS IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
Limitation of Liability
IN NO EVENT WILL SIMPLETOOLS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, HARDWARE, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING OUT OF THE UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE PRODUCT AND/OR SERVICES AND/OR ADD-ONS, WHETHER PROVIDED BY SIMPLETOOLS OR BY THIRD PARTY, EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
WITHOUT LIMITING THE FOREGOING, YOUR SOLE REMEDY FOR ANY LIABILITY OF SIMPLETOOLS FOR ANY DIRECT DAMAGES SHALL BE THE REPLACEMENT OF THE PRODUCT OR RENEWAL OF THE SERVICE.