SOFTWARE LICENSE AGREEMENT
Please Read this Software License Agreement (“License”) Carefully Before Using KRUSECOM Software by Using the KRUSECOM Software, you are Agreeing to be Bound by the Terms of this License. If you do no Agree to the Terms of this License, do Not Use the Software. If you do Not Agree to the Terms of the License, you May Return the KRUSECOM Software to the Place Where you Obtained it for a Refund. If the KRUSECOM Software was Accessed Electronically, Click “Disabree/Dec
The software (including Boot ROM code and “virtual floppy” code), documentation and any materials or products accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the “KRUSECOM Software”) are licensed, not sold, to you by KRUSECOM, for use only under the terms of this License, and KRUSECOM reserves all rights not expressly granted to you. The rights granted herein are limited to KRUSECOM’s intellectual property rights in the KRUSECOM Software and do not include any other patents or intellectual property rights. You may own the media on which the KRUSECOM Software is recorded or downloaded but KRUSECOM and/or its authorized agents or assigns as applicable, retain ownership of the KRUSECOM Software itself.
This Software either allows for use of the KRUSECOM Software endorsed with or accompanying this License or the download of one copy of KRUSECOM Software for use in one computer hard drive or one memory system. Use may require internet access and requires you to accept the terms of Internet access as provided by your Internet provider.
2. Permitted License Uses and Restrictions:
This License allows you to install and use one copy of the KRUSECOM Software on a single device or computer. This License does not allow the KRUSECOM Software to exist or be used on more than one such device or computer and you may not make copies of the KRUSECOM Software or make the KRUSECOM Software available over a network where it could be used by multiple devices or multiple computers or used in violation of this License. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, dissemble, attempt to derive the source code of, modify, or create derivative works of the KRUSECOM Software or any part thereof. Any attempt to do so is a violation of the rights of KRUSECOM and its licensors of the KRUSECOM Software. If you breach this License or any term, condition or restriction, you may be subject to prosecution and damages. THE KRUSECOM SOFTWARE IS NOT INTNEDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR ANY OTHER EQUIPMENT SYSTEMS, MACHINES, COMPUTERS OR SYSTEMS IN WHICH THE FAILURE OF THE KRUSECOM SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
This License is effective until terminated. Your rights under this License will terminate automatically without notice from KRUSECOM if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the KRUSECOM Software and destroy all copies, full or partial, of the KRUSECOM Software.
4.Limited Warranty on Media (if applicable):
KRUSECOM warrants the media on which the KRUSECOM Software is recorded and delivered by KRUSECOM (if any) to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this License shall be, at KRUSECOM’s option, a refund of the purchase price of the product containing the KRUSECOM Software or replacement of the KRUSECOM Software which is returned to KRUSECOM or a KRUSECOM authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
5.Disclaimer of Warranties:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE KRUSECOM SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THIS SOFTWARE WILL AFFECT THE USABILITY OF THIRD PARTY SOFTWARE EXCEPT FOR THE LIMITED WARRANTY ON MEDIAL SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE KRUSECOM SOFTWARE IS PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND KRUSECOM AND KRUSECOM’S LICENSORS (COLLECTIVELY REFERRED TO AS “KRUSECOM” FOR THE PURPOSES OF SECTIONS 4, 5 AND 6) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE KRUSECOM SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. KRUSECOM DOES NOT WARRANT AGAINST THE INTERFERENCE WITH YOUR ENJOYMENT OF THE KRUSECOM SOFTWARE THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE KRUSECOM SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE KRUSECOM SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KRUSECOM OR A KRUSECOM AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE KRUSECOM SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability:
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL KRUSECOM BE LIABLE FOR BODILY INJURY, PERSONAL INJURY, TORT, OR FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE KRUSECOM SOFTWARE, HOWEVER, CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF KRUSECOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall KRUSECOM’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of Fifty Dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
7. Export Control:
You may not use or otherwise export or re-export the KRUSECOM Software except as authorized by United States law and the laws of the jurisdiction in which the KRUSECOM Software was obtained. In particular, but without limitation, the KRUSECOM Software may not be exported or re-exported. (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Peron’s List or Entity List. By using the KRUSECOM Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the KRUSECOM Software for any purposes prohibited by United States laws, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
8. Government End Users:
The KRUSECOM Software and related documentation are “Commercial Items,” as that terms is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
9. Controlling Law and Severability:
This License will be governed by and construed in accordance with the laws of the State of Florida, as applied to agreements entered into and to be performed entirely within Florida between FLorida residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
10. Third Party Beneficiary:
You are hereby notified that any person or entity from whom KRUSECOM purchases, all or some of its software or any content or code therein or thereof, or is a licensee with respect to all or any part of the KRUSECOM Software, is a third party beneficiary to this License to the extent that this License contains provisions which relate to your use, reproduction, or other distribution of their/its software. Such provisions are made expressly for the benefit of them and are enforceable by them in addition to KRUSECOM.
11. Complete Agreement; Governing Language:
This License constitutes the entire agreement between the parties with respect to the use of the KRUSECOM Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by KRUSECOM. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
12. Software License:
KRUSECOM has agreed to provide this Software License to you based upon your warranty and representation that any acts performed pursuant to the Software License are being performed as a result of your routine practice of equipment disposal, equipment exchange and/or data destruction and not for the purpose attempting to avoid, hinder or delay any claims, proceedings, actions, liability whether now threatened, now pending or hereafter occurring.