End user agreement for Kirin
END-USER LICENSE AGREEMENT FOR PMCC SOFTWARE
IMPORTANT-READ CAREFULLY: This PMCC End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and PMCC Corporation (âPMCCâ) for the PMCC software product identified below, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("PRODUCT"). By installing, copying, or otherwise using the PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy or use the PRODUCT.
The PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
a) Use and Copy. You may install and use an unlimited number of copies of the PRODUCT on any number of computers, including workstations, terminals or other digital electronic devices residing on your premises, for the purpose of designing, developing and testing your software application(s) (âApplicationâ). You may also make copies of the PRODUCT for backup and archival purposes. All other rights are reserved to PMCC.
(b) Feedback. Recipient may provide feedback to PMCC, including but not limited to usability, bug reports and test results, with respect to the Product testing. All bug reports, test results and other feedback made by Recipient shall be the property of PMCC and may be used by PMCC for any purpose. Due to the nature of the development work, PMCC is not certain as to when errors or discrepancies in the Products may be corrected.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
a) Not For Resale, Rental or Transfer. You may not sell, resell, sublicense, assign or otherwise transfer the PRODUCT (including all component parts, media, printed materials, and any updates). You may not rent, lease or lend the PRODUCT.
b) Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
c) Support Services. PMCC is not obligated to provide you with technical or other support services (âSupport Servicesâ) related to the PRODUCT. If PMCC should provide you with Support Services, use of such Support Services is governed by the PMCC policies and programs described in the user manual, in "on line" documentation and/or other PMCC-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to PMCC as part of the Support Services, PMCC may use such information for its business purposes, including for product support and development. PMCC will not utilize such technical information in a form that personally identifies you.
d) Termination. Without prejudice to any other rights, PMCC may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the PRODUCT and all of its component parts.
3. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law, PMCC and its suppliers provide the PRODUCT and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the PRODUCT, and the provision of or failure to provide support services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.
4. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. To the maximum extent permitted by applicable law, in no event shall PMCC or its suppliers be liable for any special, incidental, indirect, PUNITIVE or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the PRODUCT, the provision of or failure to provide Support Services, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of PMCC or any supplier, and even if PMCC or any supplier has been advised of the possibility of such damages.
5. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of PMCC and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the PRODUCT or U.S.$5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
6. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the PRODUCT) are the entire agreement between you and PMCC relating to the PRODUCT and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the PRODUCT or any other subject matter covered by this EULA. To the extent the terms of any PMCC policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.