End user agreement for Asset Manager Standard Edition
1. Grant of License. This is a legal Agreement between you and Kaizen Software Solutions. The terms of this Agreement govern your use of this program. By requesting this program, you are agreeing to be bound by this Agreement. If you do not agree to the terms of this Agreement, please immediately uninstall the program from your computer. In consideration for your payment of the license fee, which is your purchase price of the program, Kaizen Software Solutions grants to you a nonexclusive right to use and display this copy on a single computer. You may not copy it and give the copy to others to use or own, or use it on a network. Kaizen Software Solutions retains ownership and title of the program, both as originally recorded and all subsequent copies made. This License is not a sale of the original program or any copy. This program is licensed only to you and may not be transferred, assigned, rented, leased, sold or otherwise disposed of to anyone else.
2. Restrictions. The program is protected by both United States copyright law and international treaty provisions. Unauthorized copying of the program is expressly forbidden. You may not distribute copies of this program to others. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the program. You may be held legally responsible for any copyright infringement that is caused or incurred by your failure to abide by the terms of this Agreement. Subject to these restrictions, you may make as many copies as you need for archival use; that is, for the sole purpose of backing up your program and protecting your investment from loss, as long as the archival copy contains the same proprietary notices as appear in this program.
3. Termination. This License is effective until terminated. This license will terminate automatically without notice from Kaizen Software Solutions if you fail to comply with any provisions of this License. Upon termination you shall destroy all copies of the program.
4. Disclaimer of Warranties. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS PROGRAM IS DELIVERED "AS IS" AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND BY EITHER Kaizen Software Solutions OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF SUCH PROGRAM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
5. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL Kaizen Software Solutions BE LIABLE TO YOU ON ACCOUNT OF ANY CLAIM (WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE) FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, OR FOR ANY DAMAGES OR SUMS PAID BY YOU TO THIRD PARTIES, EVEN IF Kaizen Software Solutions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. You consent to the jurisdiction of the state and federal courts located in the State of California for all disputes related to this Agreement.