1.1 Read this KLC Consulting, Inc. ("KLC") End User License Agreement ("Terms") carefully before you ("You") accept these Terms. If You do not agree to all of these Terms do not use this Tool.
1.2 The Terms are entered into by and between KLC and You. KLC provides Tools to You strictly subject to the Terms.
2. Permitted Use
2.1 The Tools may be used for personal and/or commercial use.
2.2 You may not modify, reverse engineer, make derivative works of, distribute, transmit or sell any of the Tools without the express written consent of KLC.
2.3 The Tools may not be used by You or any other party for any purpose that violates any local, state, federal or foreign law. You understand that breaking into any network or computer system not owned by You may be illegal.
3. Technical Support
3.1 KLC does not offer any technical or customer support for this Software Product.
4. No Express or Implied Warranty
4.1 THE TOOLS ARE PROVIDED TO YOU "AS IS." KLC MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ABOUT THE EFFECTIVENESS, COMPLETENESS OR FITNESS OF THE TOOLS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5. Limitation of Liability
5.1 YOU AGREE THAT KLC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE TOOLS, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO, OR VIRUSES OR "TROJAN HORSES" THAT MAY INFECT OR INVADE, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, EVEN IF KLC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
5.2 YOU AGREE TO HOLD KLC HARMLESS FROM, AND YOU COVENANT NOT TO SUE KLC FOR, ANY CLAIMS BASED OR YOUR USE OF, OR YOUR INABILITY TO USE, THE TOOLS.
6. Indemnification
6.1 You agree to indemnify and hold KLC and its subsidiaries, affiliates, officers, agents, and employees harmless from any claim or demand, including attorney's fees, made by any third party due to or arising out of Your use of the Products, breach of the Terms, or violation of the rights of another.
7. Intellectual Property Rights
7.1 The Tools and all names, marks, brands, logos, designs, trade dress and other designations KLC uses in connection with the Tools are proprietary to KLC and are protected by applicable intellectual property laws, including, but not limited to copyrights and trademarks. Accordingly, You may not modify, reverse engineer, make derivative works of, distribute, transmit or sell any of the Tools, nor may You remove or alter any of KLC's trademarks from the Tools or co-brand any of the Tools, without the express written consent of KLC.
8. Miscellaneous
8.1 Massachusetts law and controlling United States federal law govern any action related to the Terms. No choice of law rules of any jurisdiction apply. You and KLC agree to submit to the personal and exclusive jurisdiction of the Massachusetts state court located in Holden, Massachusetts and the United States District Court for the Central District of Massachusetts.
8.2 The Terms constitute the entire agreement between You and KLC and govern Your use of the Tools, superseding any prior agreements between You and KLC (including, but not limited to, prior versions of the Terms).
8.3 If you use the Tools from locations outside the United States of America, You are responsible for compliance with applicable local laws, including, but not limited to, the export and import regulations of other countries.
8.4 These Terms could include inaccuracies or typographical errors. KLC may make improvements and/or changes to the Terms at any time without notice.
8.5 The failure of KLC to enforce or exercise any right or provision of the Terms does not constitute a waiver of such right or provision.
8.6 In the event any provision of this Agreement is held to be unenforceable in any respect, such unenforceability shall not affect any other provision of this Agreement, provided that the expected economic benefits of this Agreement are not denied to either party.
If you have any questions regarding this Agreement or if you wish to request any information from KLC, please contact KLC Consulting, Inc., P.O. Box 395, Holden, MA 01520 (comments@klcconsulting.net) or visit http://www.klcconsulting.net."
