You are on page 1of 2

1. License.

If you accept this License, KGY Soft hereby licenses to you one elec tronic copy of the computer program you are about to install and related documen tation (the "Software"). KGY Soft retains all right, title and interest in and t o the Software. That Software and all parts thereof are the subject matter of va rious proprietary rights, including without limitation copyrights, trade secrets , patents and other similar intellectual and industrial property rights ("Propri etary Rights"). This License permits you to use the Software on a single persona l computer or workstation and to make one copy of the Software in machine-readab le form for backup purposes only. Within any such copy, you must reproduce the c opyright notices and any other proprietary legends that were on the original dow nloaded copy of the Software. No license, right or interest in any trademark, trade name or service mark of KG Y Soft or any third party is granted under this License. You acknowledge that ne ither this License, nor your subsequent registration of the Software (should you choose to register the Software) in no way shall be construed to provide an exp ress or implied license to use, modify or improve any of the content of the Soft ware, including without limitation, or any works, inventions, discoveries, techn ology or other items which are the subject matter of KGY Soft's Proprietary Righ ts or otherwise to use or exploit the Software or the Proprietary Rights in any matter not expressly permitted herein. 2. Restrictions. You may not attempt to create or derive any of the source code or other technology or data within the Software by disassembly, reverse engineer ing or any other method, or otherwise reduce the Software to a human-perceivable form. You may not modify or translate any part of the Software. You may not use , disclose, distribute, make or have made any copies of the Software, in whole o r in part, nor rent, lease or lend the Software without the prior authorization of KGY Soft, provided, however, that you may maintain a backup copy of the Softw are during the term of this License. You agree to provide notice to KGY Soft imm ediately after learning of or having reason to suspect a breach of any of the pr ovisions set forth in this License. 3. Termination. This License is effective until terminated. You may terminate th is License at any time by destroying the Software, and all copies thereof. This License will terminate immediately without notice from KGY Soft if you fail to c omply with any provision of this License. Upon termination, you must destroy the Software and all copies thereof. 4. Disclaimer of Warranty. REGARDLESS OF WHETHER YOU LATER CHOOSE TO REGISTER YO UR COPY OF THE SOFTWARE, THE SOFTWARE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, AND KGY Soft EXPRESSLY DISCLAIMS ALL WARRANT IES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES O F DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT , ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD PARTY'S PATENT(S), TRADE SECRET( S), COPYRIGHT(S) OR OTHER INTELLECTUAL PROPERTY RIGHTS. KGY Soft DOES NOT WARRAN T THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR T HAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT D EFECTS IN THE SOFTWARE WILL BE CORRECTED. Furthermore, KGY Soft does not warrant or make any representations regarding the use or the results of the use of the software or related documentation in terms of their correctness, accuracy, reliability, or otherwise. No oral or written i nformation or advice given by KGY Soft or KGY Soft's authorized representative s hall create any warranty or in any way increase the scope of this warranty. Shou ld the Software prove defective, you (and not KGY Soft or KGY Soft's authorized representative) assume the entire cost of all necessary servicing, repair or cor rection. Some states do not allow exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights, a

nd you may also have other rights which vary from state to state. 5. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL KGY Soft BE LIABLE FOR ANY LOST REVENUE OR PROFITS OR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE T HE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF KGY Soft OR KGY Soft's AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUE NTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO E VENT SHALL KGY Soft's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEE D THE AMOUNT PAID BY YOU FOR THE SOFTWARE. 6. Controlling Law. This License shall be governed by and construed in accordanc e with the substantive laws of the Russian Federation, notwithstanding the confl icts of law provisions of that state or any other jurisdiction. All disputes ari sing out of this license shall be subject to the exclusive jurisdiction of feder al and state courts located in Russian Federation. 7. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or con temporaneous understandings or agreements, written or oral, regarding such subje ct matter. 8. You are expected to use the SOFTWARE on your system and to thoroughly evaluat e its usefulness and functionality before making a purchase. This "try before yo u buy" approach is the ultimate guarantee that the SOFTWARE will perform to your satisfaction; therefore, you understand and agree that there is no refund polic y for any purchase of the SOFTWARE.

You might also like