This agreement applies to all products and tools that Kemteck
has agreed to license to consumer for use and enjoyment. This
license applies to individual software/web product programs that
reside on customers computers and programs and tools residing
on web servers for use by customer. Products that are included
but not limited to: Kemteck… Calendar, Announcement, Popup
News, Directory, Admin Directory, Product Insert, Human Resource
Suite, FAQ’s, Forms, Site Search, etc.
All software/web products are subject to maintenance and hosting
agreements. If payments are not timely, use can be terminated.
1. This is an agreement between Licensor and Licensee, who is
being licensed to use the named Software/web product.
2. Licensee acknowledges that this is only a limited nonexclusive
license. Licensor is and remains the owner of all titles, rights,
and interests in the Software/web product.
3. This License permits Licensee to install the Software/web product
on more than one computer system, as long as the Software/web
product will not be used on more than one computer system simultaneously.
Licensee will not make copies of the Software/web product or allow
copies of the Software/web product to be made by others, unless
authorized by this License Agreement. Licensee may make copies
of the Software/web product for backup purposes only.
4. This Software/web product is subject to a limited warranty.
Licensor warrants to Licensee that the physical medium on which
this Software/web product is distributed is free from defects
in materials and workmanship under normal use, the Software/web
product will perform according to its printed documentation, and
to the best of Licensor's knowledge Licensee's use of this Software/web
product according to the printed documentation is not an infringement
of any third party's intellectual property rights. This limited
warranty lasts for a period of 30 days after delivery. To the
extent permitted by law, THE ABOVE-STATED LIMITED WARRANTY REPLACES
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND LICENSOR DISCLAIMS
ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF TITLE,
MERCHANTABILITY, NONINFRINGEMENT, OR OF FITNESS FOR A PARTICULAR
PURPOSE. No agent of Licensor is authorized to make any other
warranties or to modify this limited warranty. Any action for
breach of this limited warranty must be commenced within one year
of the expiration of the warranty. Because some jurisdictions
do not allow any limit on the length of an implied warranty, the
above limitation may not apply to this Licensee. If the law does
not allow disclaimer of implied warranties, then any implied warranty
is limited to 30 days after delivery of the Software/web product
to Licensee. Licensee has specific legal rights pursuant to this
warranty and, depending on Licensee's jurisdiction, may have additional
rights.
5. In case of a breach of the Limited Warranty, Licensee's exclusive
remedy is as follows: Licensee will return all copies of the Software/web
product to Licensor, at Licensee's cost, along with proof of purchase.
(Licensee can obtain a step-by-step explanation of this procedure,
including a return authorization code, by contacting Licensor
at [address and toll free telephone number].) At Licensor's option,
Licensor will either send Licensee a replacement copy of the Software/web
product, at Licensor's expense, or issue a full refund.
6. Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE
FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL,
EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH
OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE'S USE OF
THIS SOFTWARE/WEB PRODUCT. Licensee's jurisdiction may not allow
such a limitation of damages, so this limitation may not
apply.
7. Licensee agrees to defend and indemnify Licensor and hold Licensor
harmless from all claims, losses, damages, complaints, or expenses
connected with or resulting from Licensee's business operations.
8. Licensor has the right to terminate this License Agreement
and Licensee's right to use this Software/web product upon any
material breach by Licensee.
9. Licensee agrees to return to Licensor or to destroy all copies
of the Software/web product upon termination of the License.
10. This License Agreement is the entire and exclusive agreement
between Licensor and Licensee regarding this Software/web product.
This License Agreement replaces and supersedes all prior negotiations,
dealings, and agreements between Licensor and Licensee regarding
this Software/web product.
11. This License Agreement is governed by the laws of [MN] applicable
to [MN] contracts.
12. This License Agreement is valid without Licensor's signature.
It becomes effective upon the earlier of Licensee's signature
or Licensee's use of the Software/web product.
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