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Software License Agreement

This software license agreement is a legal agreement between you (either an individual or an entity) and Karaosoft. By installing the software and/or purchasing a license(s), clicking an "ok" button during installation or purchase, and/or using the software you are agreeing to be bound by the terms of this agreement.

COPYRIGHT. The SOFTWARE and accompanying materials (including any images, "applets", photographs, animations, video, audio, music and text incorporated into the SOFTWARE and accompanying materials) is owned by Karaosoft and is protected by United States copyright laws and international treaty provisions and all other applicable national laws. Therefore, you must treat the SOFTWARE and accompanying materials like any other copyrighted material (e.g. a book or musical recording) except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the user documentation accompanying the SOFTWARE. You may not repackage the software for distribution by any means.

GRANT OF LICENSE. The software is licensed to you by Karaosoft and at no time do you have any ownership of the software.  This License Agreement permits you to install the software(not including licenses) on any computer.  This license agreement permits you to activate a license on single PC for each license purchased.  You agree to allow the SOFTWARE to communicate, via the internet, to Karaosoft servers for any purpose which may include but not limited to version checking, license validation, license activation, and license deactivation.  For PC based products, license activation is linked to the computer's name, also known as the computer's network name.  If you need to change your computer's network name for any reason, you agree that you must use the "remove license" procedure (located on the activation screen) prior to renaming the computer name, and reactivate the license after the computer name has been changed.  Once a license is activated on a machine, it is your responsibility to protect it.  If an activated license is destroyed for any reason, it can not be activated again.  Karaosoft reserves the right to revoked any software license for any reason, including, but not limited to breach of this agreement or if piracy is detected.

TRANSFER OF LICENSE. Licenses are non transferable between parties except by written permission in advance from Karaosoft.  A license may be transferred from one PC to another, provided the license is removed from the original PC first, only by means of using the deactivation or "remove license" feature located within the software itself.  You agree to allow Karaosoft licensing servers to control license movement, and agree that due to the problem of software piracy, licenses can not be moved between machines in any other manner.  You understand that due to these procedures, should a computer become inoperable for any reason by which the software license can not be deactivated, you must have your license reset. Due to the problems of software piracy, Karaosoft limits the number of license resets per calendar year to three per single license. Should a license need a fourth reset in a calendar year, you must purchase a new llicense to replace the lost license if you wish to continue using the software.

RESTRICTED USES. You may not install or use this software on computers that are connected to life-saving or life-support medical equipment, nor on any equipment used in the production or administering of drugs or breathable gasses, nor on any equipment that, through malfunction or misuse, could directly or indirectly cause physical injury or death.

OTHER RESTRICTIONS. You hereby agree not to reverse engineer, decompile or disassemble the SOFTWARE. You agree not to analyze the software, its data files, or transmission protocols in an attempt to discover its systems and methods of operation. You agree not to communicate to others any discovery of technical procedures, systems and methods, or protocol of the Software. You hereby agree that the Software does not infringe on any patent, copyright, trademark, or other intellectual property rights under your control either directly or indirectly, or under the control of any company or other entity to which you report. You agree to hold harmless Karaosoft in any intellectual property dispute that might arise from the discovery or disclosure of such information by you as a result of a violation of this paragraph.

U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-- Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Karaosoft.

EXPORT CONTROLS. You may not download or otherwise export or reexport the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations.

INSTALLATION AND SUPPORT. You are solely responsible for the installation and maintenance of the Software, and for the proper installation, configuration, and operation of the software and the hardware, supporting software, and services upon which the Software relies. You are solely responsible for the configuration and operation of the Software. You are responsible for selecting the correct settings for your Server and Clients. The Software is delivered with certain default settings which may not be appropriate for all computers.

SOFTWARE UPDATES. From time to time Karaosoft releases updates for the Software, and may notify you of their availability through one or several methods. Because Karaosoft cannot know conclusively if you have received a notification, you are responsible for periodically checking our main web site at www.Karaosoft.com for the availability of updates. You agree that you will download and apply updates to the software as updates are released, in a timely way.  Karaosoft may not support software that is not at the current version. Karaosoft may, at our sole discretion, make updates and other services available only to customers who have current Maintenance Subscriptions.

NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Latshaw Systems, its officers, and employees disclaim all other warranties, either express or implied, including but not limited to suitability for any particular purpose, or the ability of the licensee to operate the software or a successful business based on the software.  As with most software companies, Karaosoft offers no form of a "money-back guarantee." Because software can be downloaded and used immediately after online purchase, all sales are final and non-refundable.

EFFECT OF PRIOR AGREEMENTS. This Agreement supersedes any prior agreement between you and Karaosoft, except where specifically noted and signed by the CEO of Karaosoft in writing.

ORAL AGREEMENTS NOT BINDING. This instrument is the entire agreement between you and Karaosoft. Oral changes and agreements have no effect. This agreement may be altered only by a written agreement signed by both you and Karaosoft.

ACCEPTANCE OF THESE CONDITIONS. By downloading, installing or using the software, you accept the terms of this license agreement. You agree that you fully understand the capabilities of the software, that you have tested the Evaluation Version and that it fully meets your needs, and that you accept the software as-is. By accepting this license, you agree that you will not reverse any credit card charge for this purchase.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Karaosoft, its officers, or employees be liable for any damages whatsoever (including without limitation, direct or indirect damages for personal injury, loss of business profits, business interruptions, loss of business information or any other pecuniary loss) arising out of the use of or inability to operate this product, misapplication, failure to read and understand the operating instructions in all its forms - Help Files, Web based, printed, and verbal, even if Karaosoft has been advised of the possibility of such damages. In any case, Karaosoft', its officers', and employees' entire liability under any provision of this agreement shall be limited to the amount actually paid by you to Latshaw Systems for the SOFTWARE.

IN NO EVENT SHALL Karaosoft AND/OR ITS OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM ANY OF Karaosoft' WEB SITES OR INFORMATION SERVICES.

Should it become necessary for Karaosoft to retain counsel to enforce its rights, or defend any action or inaction under this agreement, you agree to pay all costs of such enforcement and/or defense, including, but not limited to, all court costs and other litigation expenses, together with Karaosoft reasonable attorney fees. This agreement shall be governed by the laws of the state of Maryland and shall inure to the benefit of Karaosoft and any successors, administrators, heirs, and assigns. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a STATE or FEDERAL COURT of competent jurisdiction located in Baltimore County, Maryland. The parties hereby consent to in personam jurisdiction of said courts.

 

 

 

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