Please read this License Agreement carefully before proceeding. This Agreement licenses Software to you [either an individual or single entity] from Krappy Software and contains warrant and liability disclaimers. By installing, copying or otherwise using this Software, you are confirming that you have read and understand this Agreement and agree to be bound by the terms of this Agreement. If you do not agree with the terms of this Agreement, you should not install or use this Software.
1. Definitions
"Software" means all of the contents of the files, disk(s), CD-ROM(s) or
other media with which this Agreement is provided. "Use", "Used" or "Using"
means to access, install, download, copy or otherwise benefit from using
the functionality of the Software in accordance with the Documentation.
"Computer" means one central processing unit (CPU) that accepts information
in digital or similar form and manipulates it for a specific result based
on a sequence of instructions. "Permitted Number" means one (1) unless otherwise
indicated under a valid license granted by Krappy Software.
2. Software License
2.1 As long as you comply with the terms of this End User License Agreement,
Krappy Software grants to you a non-exclusive license to Use the Software
for the purposes described in the Documentation, as further set forth below.
2.2 You may install and Use a copy of the Software on your compatible Computer,
up to the Permitted Number of Computers
2.3 Backup Copy. You may make one backup copy of the Software, provided
your backup copy is not installed or Used on any Computer. The backup copy
must included all copyright information contained on the original. You may
not transfer the rights to a backup copy unless you transfer all rights
in the Software as provided in the Transfer section in this Agreement.
2.4 Portable Computer Use. The primary user of the Computer on which the
Software is installed may also make a second copy for his or her exclusive
use on a portable Computer provided the Software on the portable Computer
is not being used at the same time the Software on the primary Computer
is being used.
2.5 Except as permitted by applicable law and this License, you may not
modify, reverse engineer, disassemble, decompile the Software.
3. Transfer
You may not rent, lease, sell, sublicense, un-bundle and/or repackage for
distribution or resale, or authorize all of any portion of the Software
to be copied onto another users Computer except as may be expressly permitted
herein. You may, however, transfer all your rights to Use the Software to
another person or legal entity provided that: (a) you transfer this Agreement,
the serial number(s), Software and all other software or hardware bundled,
packaged or pre-intalled with the Software, including all copies, Updates
and prior versions; (b) you retain no copies, including backups and copies
stored on a computer; and (c) the receiving party accepts the terms and
conditions of this Agreement and any other terms and conditions upon which
you legally purchased a license to the Software.
4. Termination
Without prejudice to any other rights, Krappy Software may terminate this
Agreement if you fail to comply with the terms and conditions of this Agreement.
In such an event, you must destroy all copies of the Software.
5. Disclaimer of Warranty
THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE SOFTWARE
IS (A) FREE OF DEFECTS OR ERRORS, (B) VIRUS FREE, (C) ABLE TO MEET ANY REQUIREMENTS
OF YOU OR ANYONE ELSE, (D) ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, (E)
MERCHANTABLE, (F) FIT FOR A PARTICULAR PURPOSE OR (G) NON-INFRINGING UNLESS
SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. KRAPPY SOFTWARE SHALL
HAVE NO LIABILITY WITH RESPECT TO USE OF THE SOFTWARE.
6. Limitation of Liability
IN NO EVENT WILL KRAPPY SOFTWARE, ITS EMPLOYEES, DISTRIBUTORS, SUPPLIERS,
DIRECTORS, NOR AGENTS SHALL BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL,
INCIDENTAL OR SPECIAL DAMAGES IN CONNECTION WITH THE SOFTWARE OR THIS AGREEMENT,
EVEN IF KRAPPY SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event shall Krappy Software's liability in connection with the Software,
regardless of the form of action, exceed the amount paid for this License
to the Software. Some jurisdictions do not allow the foregoing limitations
of liability, so the foregoing limitations may not apply to you.
7. Export
You may not download or otherwise export or re-export the Software except
in full compliance with all applicable laws and regulations. By accepting
this agreement you represent and warrant that you: (a) understand that the
Software is subject to export controls under the EAR, (b) are not located
in a prohibited destination country under the EAR or U.S. sanctions regulations
(currently Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, the Federal
Republic of Yugoslavia (including Serbia but not Kosovo or Montenegro),
and Taliban controlled areas of Afghanistan), (c) are not a Denied Party,
Specially Designated National, or other person or entity prohibited from
receiving exports / re-exports by U.S. law; and (d) will not export, re-export,
or transfer the Software to any prohibited destination entity or individual
without the necessary export license(s) or authorization(s) from the U.S.
Government.
8. Governing Law
This Agreement will be governed by and construed in accordance with the
laws of the State of California without regard to conflicts of law provisions.
Any claim arising out of or related to this Agreement must be brought exclusively
in a federal or state court located in Orange County, California and you
consent to the jurisdiction of such courts. If any provision of this Agreement
shall be invalid, the validity of the remaining provisions of this Agreement
shall not be affected.
Copyright © 2006, Krappy Software, Inc.
All Rights Reserved