Terms
KAP SOFTWARE
SOFTWARE LICENSE AGREEMENT FOR PERFORMA PRO©
for WINDOWS(R)
(AND, AS APPLICABLE, TRIALWARE OR NOT FOR RESALE [NFR]
SOFTWARE LICENSE AGREEMENT FOR PERFORMA PRO© for WINDOWS)
PERFORMA PRO©
(Includes all editions of Performa Pro© and Performa Pro Setup©, or as issued.)
IMPORTANT-READ CAREFULLY BEFORE INSTALLING SOFTWARE.
The following License Agreement (or, as applicable, this Trialware License) for one licensed copy applies to you. By opening downloading the software, you indicate your acceptance of the following Software License Agreement.
This is a legal agreement between you (either an individual or an entity) and KAP Software, a
1. GRANT OF LICENSE-This Software License Agreement ("License") permits you to use one copy of KAP Software’s PERFORMA PRO© for WINDOWS (R) software and KAP Software’s associated user documentation ("Software") on one computer running Microsoft(R) WINDOWS (R). With respect to a network, Licenses must be obtained for each computer, including the server. If you have multiple Licenses for the Software, then at any time you may have as many copies of the Software in use as you have Licenses. (Licenses can include server editions - standard, enterprise or as further available; home or professional editions or administrator licenses) The Software is "in use" on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not "in use."
(When installed as Trialware – This Trialware Software License Agreement ["License"] permits you to install one copy of KAP Software’s PERFORMA PRO© for WINDOWS software and KAP Software’s associated user documentation ["Software"] on one server, workstation or personal computer running any supported version of WINDOWS.)
2. COPYRIGHT-The Software is owned by KAP Software or its suppliers and is protected by
3. OTHER RESTRICTIONS-This License is your proof of license to exercise the rights granted herein and must be retained by you. You may not rent or lease the Software, but you may transfer the Software and user documentation on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile, or disassemble the Software, except to the extent that the foregoing restriction is expressly prohibited by applicable law. If the Software is an update or has been updated, any transfer must include the most recent update and all prior versions.
4. NOT FOR RESALE SOFTWARE. If the software is labeled “Not For Resale” or “NFR,” then, notwithstanding other sections of this license, your use of the software is limited to use for demonstration, test, or evaluation purposes and you may not resell, or otherwise transfer for value, the software.
5. LIMITED WARRANTY- KAP Software warrants that (a) the Software will perform substantially in accordance with the user documentation for a period of ninety (90) days from the date of receipt. Any implied warranties on the Software are limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration on an implied warranty, so the above limitation may not apply to you. This limited warranty is void if failure of the Software has resulted from accident, abuse or misapplication.
6. CUSTOMER REMEDIES - KAP Software and its suppliers' entire liability and your exclusive remedy shall be, at KAP Softwares option, either (a) return of the price paid, or (b) replacement of the Software that does not meet KAP Softwares limited warranty and which is returned to KAP Software with a copy of your receipt. This limited warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the
7. NO OTHER WARRANTIES-KAP SOFTWARE DOES NOT WARRANT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KAP SOFTWARE AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES-TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KAP SOFTWARE OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE KAP SOFTWARE PRODUCT, EVEN IF KAP SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Should you have any questions concerning this Agreement, or if you desire to contact KAP Software for any reason, please contact your supplier or:
KAP Software
23 Roseberry Grange
Palmersville
NE12 9DD
Copyright © 2007 KAP Software. All Rights Reserved.
MICROSOFT and WINDOWS are registered trademarks or trademarks of Microsoft Corporation in the
SOFTWARE LICENSE AGREEMENT, and as applicable, NFR or TRIALWARE SOFTWARE LICENSE AGREEMENT.