NOTICE: READ THIS SOFTWARE EVALUATION LICENSE AGREEMENT CAREFULLY BEFORE CLICKING THE “I ACCEPT” BUTTON BELOW AND BEFORE USING OR INSTALLING THE KT TECH SOFTWARE. CLICKING THE “I ACCEPT” BUTTON BELOW OR USING THE KT TECH SOFTWARE CONSTITUTES YOUR AGREEMENT TO ALL OF THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS, PLEASE DO NOT PROCEED TO USE AND/OR ACCESS THE SOFTWARE. YOU MAY RETURN TO THE PREVIOUS PAGE BY CLICKING THE “I DO NOT ACCEPT BUTTON”.
This SOFTWARE LICENSE AGREEMENT (the “Agreement”) is a legal agreement between you (either an individual or an entity) and KT Tech, Inc. (“KT Tech”) for the KT Tech Software identified above, which includes computer software and may include associated media, printable materials, and online or electronic documentation (the “Software”). YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY CLICKING “I AGREE” BELOW, OR BY USING OR INSTALLING ANY OF THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT CLICK “I AGREE” AND DO NOT INSTALL OR USE THE SOFTWARE.
1. LICENSE GRANT. KT Tech grants you the following rights provided that you comply with all terms and conditions of this Agreement.
You may install, use, access, display, and run one copy of the Software on a single computer, such as a workstation, terminal, or other device (a “Computer”).
You may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on your Computer. A license for the Software may not be shared or used on different Computers.
KT Tech reserves all rights not expressly granted to you in this Agreement. This license is personal to you and you may not copy, sell, transfer, modify, publish, display, disclose, rent, lease, loan, distribute, or otherwise make available the Software or any part thereof.
2. LIMITATION ON REVERSE ENGINEERING. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.
3. OWNERSHIP. KT Tech continues to own the Software and all intellectual property rights associated therewith, including, without limitation, all copyrights, trademarks, trade secrets and patent rights therein. You agree not to remove or obscure any KT Tech copyright or proprietary notice on the Software.
4. TERMINATION. This Agreement will automatically terminate after one (1) year. KT Tech may terminate this Agreement earlier if you do not abide by the terms and conditions of this Agreement. In the event of any termination, you must destroy all copies of the Software and all of its component parts.
5. CONSENT TO USE OF DATA. You agree that KT Tech and its affiliates may collect and use technical information you provide as a part of support services related to the Software. Except as required by law, as necessary to respond to valid legal process, or as necessary to establish and/or exercise its legal rights or defend against legal claims, KT Tech agrees not to use this information in a form that personally identifies you.
6. NOT FOR RESALE. The Software is made available solely for demonstration, test, or evaluation and may not be sold, transferred, or used for any other purpose.
7. NO WARRANTIES. The Software is distributed “AS IS” and with all faults, without any warranty of any kind, whatsoever. You are aware and agree that use of the Software is at your sole risk. KT TECH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR OF ACCURACY, RESULTS, OR FREEDOM FROM VIRUSES. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. KT TECH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, AND NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.
8. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KT TECH BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF KT TECH, AND EVEN IF KT TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of KT Tech under any provision of this Agreement and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by KT Tech) shall be limited to the greater of the amount actually paid by you for the Software or U.S. $5.00. The foregoing limitations, exclusions and disclaimers (including Sections 6, 7, and this Section 8) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
10. INDEMNITY. You agree to indemnify KT Tech and hold it harmless against any claim, cause of action, judgment, liability, damages, costs, or expenses (including reasonable attorney’s fees) arising from any third party claim, including claims in connection with your use of the Software.
11. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Maryland, USA (without regard to its conflicts of law provisions calling for application of other laws), and both you and KT Tech hereby consent to the jurisdiction of the federal and state courts in Maryland.
12. GENERAL. This Agreement constitutes the entire agreement between you and KT Tech relating to the Software and supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software or any other subject matter covered by this Agreement. To the extent the terms of any KT Tech policies, programs or other information conflicts with the terms of this Agreement, the terms of this Agreement shall control. This Agreement is not assignable or transferable.
13. INTELLECTUAL PROPERTY. The Software is protected by copyright and other intellectual property laws and treaties. KT Tech owns the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.