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KBasic Software License Agreement
For The Professional Edition Of KBasic Software Atelier
READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE
TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE
MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE
TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE
ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING
THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE
TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE
OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED
ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT.
1. LICENSE TO USE. KBasic Software grants you a non-exclusive and
non-transferable license for the internal use only of the accompanying
software and documentation and any error corrections provided by KBasic
Software
(collectively "KBasic"), by the number of users and the class of
computer hardware for which the corresponding fee has been paid.
2. RESTRICTIONS KBasic is confidential and copyrighted. Title to
KBasic and all associated intellectual property rights is retained by
KBasic Software. Except as specifically authorized in any
Supplemental License Terms, you may not make copies of Software, other
than a single copy of Software for archival purposes. Unless
enforcement is prohibited by applicable law, you may not modify,
decompile, or reverse engineer Software. You acknowledge that KBasic
is not designed, licensed or intended for use in the design,
construction, operation or maintenance of any nuclear facility. KBasic Software
disclaims any express or implied warranty of fitness for such uses. No
right, title or interest in or to any trademark, service mark, logo or
trade name of KBasic Software is granted under this Agreement.
3. LIMITED WARRANTY. KBasic Software warrants to you that for a period of
thirty
(30) days from the date of purchase, as evidenced by a copy of the
receipt, the media on which KBasic is furnished (if any) will be free
of defects in materials and workmanship under normal use. Except for
the foregoing, Software is provided "AS IS". Your exclusive remedy and
KBasic Software's entire liability under this limited warranty will be at
KBasic Software's option
to replace Software media or refund the fee paid for Software.
4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL
EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE
EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN
NO EVENT WILL KBasic Software BE LIABLE FOR ANY LOST REVENUE,
PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY,
ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE KBasic,
EVEN IF KBasic Software HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In
no
event will KBasic Software's liability to you, whether in contract, tort
(including
negligence), or otherwise, exceed the amount paid by you for KBasic
under this Agreement. The foregoing limitations will apply even if the
above stated warranty fails of its essential purpose.
6. Termination. This Agreement is effective until terminated. You
may terminate this Agreement at any time by destroying all copies of
KBasic. This Agreement will terminate immediately without notice
from KBasic Software if you fail to comply with any provision of this
Agreement.
Upon Termination, you must destroy all copies of KBasic.
7. Governing Law. Any action related to this Agreement will be
governed by German law and controlling German law. No choice
of law rules of any jurisdiction will apply.
8. Severability. If any provision of this Agreement is held to be
unenforceable, this Agreement will remain in effect with the provision
omitted, unless omission would frustrate the intent of the parties, in
which case this Agreement will immediately terminate.
9. Integration. This Agreement is the entire agreement between you
and KBasic Software relating to its subject matter. It supersedes all prior or
contemporaneous oral or written communications, proposals,
representations and warranties and prevails over any conflicting or
additional terms of any quote, order, acknowledgment, or other
communication between the parties relating to its subject matter during
the term of this Agreement. No modification of this Agreement will be
binding, unless in writing and signed by an authorized representative
of each party.
For inquiries please contact: KBasic Software
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LICENSE
PROFESSIONAL EDITION
