End user agreement for Kintecus
1.) AGREEMENT. The "Kintecus" (hereafter called "the Program")
is a shareware program. This means you (the "licensee")
have ample opportunities to evaluate, by yourself or your agent,
its usefulness and functionality before making a purchase.
By running and/or installing "the Program" you are bound to this AGREEMENT.
This License Agreement (this "Agreement") is made effective
the date of the first installation or execution of the Program.
2.) LICENSE STATEMENT. This software is protected by both
United States Copyright Law and International Treaty provisions.
Therefore, all conditions pertaining to other publications also
apply to this software, with the following exceptions.
The licensee of this software may make archival copies of this
software for the sole purpose of backing up this software
and protecting the licensee's investment from loss.
If the user of an educational institution uses the software regularly,
then that user is required to register directly with the owner of the
Copyright, James C. Ianni. Registration includes a free update to the
latest version of the software, free support (through E-mail) for one
month or more (the extension of the time depends on the author).
Unregistered users do not get any support. Industrial/commercial
users must contact the appropriate sales office of the companies
listed in the Registration section of this document.
Industrial/commercial/governmental entities must register following
the guideline in the Registration section described in the
3.) OWNERSHIP. The Software and Manual is owned and copyrighted
by James Ianni. Your license confers no title or ownership in
the Program and should not be construed as a sale of any
right in the Program.
4.) WARRANTY. James C. Ianni specifically disclaims all
warranties, expressed or implied, including but not limited
to implied warranties of merchantability and fitness for a
particular purpose, and the Program license granted herein in
particular and without limiting operation of the Program license
with respect to any particular application, use or
purpose. In no event shall James C. Ianni or employees, agents,
affiliates or contractors of James C. Ianni be liable for any loss of
profit or any other commercial damage, including, but not limited to,
special, incidental, consequential or other damages. You assume the
entire risk as to the results and performance of the Program.
By running the Program you, agree to the terms above. You accept
the Program "AS IS".
5.) TRANSFER OF RIGHTS. This Agreement shall be binding on any
successors of the parties. Neither party shall have the right to
assign its interests in this Agreement to any other party, unless
the prior written consent of the other party is obtained.
6.) TERMINATION. This Agreement may be terminated by James Ianni
at any time under any circumstance or cause.
7.) ENTIRE AGREEMENT. This Agreement contains the entire agreement of
the parties and there are no other promises or conditions in any other
agreement whether oral or written. This Agreement supersedes any prior
written or oral agreements between the parties.
8.) AMENDMENT. This Agreement may be modified or amended,
if the amendment is made in writing and is signed by both parties.
10.) MODIFICATIONS. The licensee may not modify or change
the Program in any manner.
11.) SEVERABILITY. If any provision of this Agreement shall be held
to be invalid or unenforceable for any reason, the remaining provisions
shall continue to be valid and enforceable. If a court finds that any
provision of this Agreement is invalid or unenforceable, but that by
limiting such provision it would become valid or enforceable, then such
provision shall be deemed to be written, construed, and enforced
as so limited.
12.) WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce
any provision of this Agreement shall not be construed as a waiver or
limitation of that party's right to subsequently enforce and compel strict
compliance with every provision of this Agreement.
13.) COPYRIGHT PERMISSIONS. The licensee gives James C. Ianni full
permissions to post on www.kintecus.com or www.kintecus.org any
past, present or future articles, papers, proceedings, handouts
or other documents related to the utilization of the Program.