Kudo Internet Multimedia Suite v5 for Windows License Agreement
YOU MUST CONSENT TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, RETURN THE UNOPENED PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND.
KUDO END USER LICENSE AGREEMENT COMMERCIAL REDISTRIBUTION NOT PERMITTED.
If you initially acquired a copy of the Software without purchasing a license and you wish to purchase a license, contact Imspace Sustems Corporation ("Imspace") on the Internet at www.imspace.com.
PART I -- TERMS APPLICABLE WHEN SOFTWARE LICENSE FEES NOT YET PAID.
Imspace grants you a non-exclusive license to use the Software free of charge if your use of the Software is for the purpose of evaluating whether to purchase an ongoing license to the Software or if your use of the Software is for the sole purpose of opening and using the datafiles known as Kudo catalogs. If you are using the Software free of charge, you are not entitled to support or telephone assistance from Imspace Systems Corporation. You may use the Software in the manner described below under "Scope Of Grant When Software License Fees Not Yet Paid" and "Part III - Terms Applicable To All License Grants Scope of Grant" below.
SCOPE OF GRANT WHEN SOFTWARE LICENSE FEES NOT YET PAID
You may:
* use the Software on any single computer;
* use the Software on a network;
* copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices;
* distribute the Kudo catalog (KDN) files;
* distribute the Software to others for evaluation purposes.
You may not:
* permit other individuals to use the Software except under the terms listed above;
* modify, rename, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software;
* copy the Software other than as specified above;
* rent, lease, grant a security interest in, use an unlock code to transform the software to the registered version or otherwise transfer rights to the Software;
* remove any proprietary notices or labels on the Software;
* distribute Kudo executable files to others on CD-ROMs or other optical media without specific written permission from Imspace Systems Corporation. To distribute Kudo executables on CD-ROMs you must purchase a Kudo Image Publisher license. An amended licensing agreement and additional license fees are required for redistribution of Kudo executables on optical media.
DISCLAIMER OF WARRANTY.
Free of charge Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not Imspace assume the entire cost of any service and repair. In addition, the security mechanisms implemented by Imspace software have inherent limitations, and you must determine that the Software sufficiently meets your requirements.
This disclaimer of warranty constitutes an essential part of the agreement.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
PART II -- TERMS APPLICABLE WHEN LICENSE FEES HAVE BEEN PAID GRANT.
Subject to payment of applicable license fees, Imspace grants to you a non-exclusive license to use the Software and accompanying Help File in the manner described below under "Scope Of Grant When Software License Fees Have Been Paid" and "Part III - Terms Applicable To All License Grants Scope of Grant" below.
SCOPE OF GRANT WHEN SOFTWARE LICENSE FEES HAVE BEEN PAID
You may:
* use the Software on a designated single computer;
* use the Software on a network, provided that each computer accessing the Software through the network must have a copy licensed to that computer;
* copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices;
* distribute the Kudo catalog (KDN) files;
* distribute the Software to others for evaluation purposes.
You may not:
* permit other individuals to use the Software except under the terms listed above;
* modify, rename, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software;
* copy the Software other than as specified above;
* rent, lease, grant a security interest in, share unlock code(s) which transform the software to the registered version with anyone or otherwise transfer rights to the Software; or
* remove any proprietary notices or labels on the Software;
* distribute the software to others on CD-ROMs or other optical media without specific written permission from Imspace Systems Corporation. To distribute Kudo executables on CD-ROMs you must purchase a Kudo Image Publisher license. An amended licensing agreement and additional license fees are required for redistribution of Kudo executables on optical media.
LIMITED WARRANTY.
Imspace warrants that for a period of ninety (90) days from the date of acquisition, the Software, if operated as directed, will substantially achieve the functionality described in the Help File. Imspace does not warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software will be error free or secure.
Imspace warrants that the media containing the Software, if provided by Imspace, is free from defects in material and workmanship and will so remain for ninety (90) days from the date you acquired the Software. Imspace's sole liability for any breach of this warranty shall be, in Imspace's sole discretion: (i) to replace your defective media; or (ii) to advise you how to achieve substantially the same functionality with the Software as described in the Help File through a procedure different from that set forth in the Help File; or (iii) if the above remedies are impracticable, to refund the license fee you paid for the Software. Repaired, corrected, or replaced Software and Help File shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after the date (a) of shipment to you of the repaired or replaced Software, or (b) Imspace advised you how to operate the Software so as to achieve the functionality described in the Help File. Only if you inform Imspace of your problem with the Software during the applicable warranty period and provide evidence of the date you purchased a license to the Software will Imspace be obligated to honor this warranty. Imspace will use reasonable commercial efforts to repair, replace, advise or, for individual consumers, refund pursuant to the foregoing warranty within 30 days of being so notified.
THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY Imspace. Imspace MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO Imspace DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.
If any modifications are made to the Software by you during the warranty period; if the media is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately be terminated. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the software was designed to be used as described in the Help File.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
PART III -- TERMS APPLICABLE TO ALL LICENSE GRANTS SCOPE OF GRANT.
TITLE.
Title, ownership rights, and intellectual property rights in the Software shall remain in Imspace. The Software is protected by the copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This License gives you no rights to such content.
TERMINATION.
The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Help File.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Imspace OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL Imspace BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT Imspace RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF Imspace SHALL HAVE BEEN INFORMED OFTHE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
MISCELLANEOUS.
If the copy of the Software you received was accompanied by a printed or other form of "hard-copy" End User License Agreement whose terms vary from this Agreement, then the hard-copy End User License Agreement governs your use of the Software. This Agreement represents the complete agreement concerning this license and may amended only by a writing executed by both parties.
THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER.
If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by California law (except for conflict of law provisions). The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
U.S. GOVERNMENT RESTRICTED RIGHTS.
Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer- Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, or to Imspace's standard commercial license, as applicable, and in similar clauses in the NASA FAR Supplement.
