Please review the following license agreement before installing
or using the ExportWizard software product and/or its related
materials. Download and use of the software implies agreement with
the terms outlined in this License Agreement.
This KAKOO CORP. End-User License Agreement ("EULA") is a legal
agreement between you (either as an individual user, corporation or
single entity) and KAKOO CORP. ("KAKOO") for the ExportWizard
product which includes computer software, and may include associated
media, printed materials, and "online" or electronic documentation
("SOFTWARE PRODUCT" or "SOFTWARE"). By exercising your rights to
install the SOFTWARE PRODUCT, you agree to be bound by the terms of
this EULA, including the limitations and warranty disclaimers. If
you do NOT agree to the terms of this EULA, you may not install nor
use the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and
international copyright treaties, as well as other intellectual
property laws and treaties.
1. GRANT OF LICENSE.
This is a license agreement, and NOT an agreement for sale. KAKOO
retains ownership of the copy of THE SOFTWARE in your possession,
and all copies you may be licensed to make. KAKOO retains all rights
not expressly granted to you in this LICENSE. KAKOO hereby grants to
you, and you accept, a non-exclusive, non-transferable license to
use, copy and modify THE SOFTWARE only as authorized below.
Provided that you have accepted these terms contained herein,
this EULA grants you the following rights:
Installation and Use:
Application License: You are granted a license to install
the SOFTWARE PRODUCT on a single production web server, and use it
for one web site (web application). You are also permitted to use
the same license for one web site (web application) on up to two
non-production development or staging servers.
Developer License: You are granted a license as a single
developer (individual) to distribute the SOFTWARE PRODUCT
royalty-free with an unlimited number of ASP.NET applications to an
unlimited number of web servers, provided they are developed solely
by you. At no time may the SOFTWARE PRODUCT be used by more than one
individual at the same time for development purposes -- nor may the
SOFTWARE PRODUCT be distributed for use with applications other than
those developed by you.
You are required to ensure that the SOFTWARE PRODUCT is not
distributed in any form that allows it to be reused by any
application other than that with which you distribute it. For
example, if you install the ExportWizard control along with a
packaged application on a customer's server, that customer is not
permitted to use the control independent of your application.
Source Code License: This is the equivalent of three
Developer Licenses, as described above, plus you are further
licensed to view the source code of the SOFTWARE PRODUCT and modify
it for your own needs. You may only re-distribute the source code as
part of a compiled solution that adds significant functionality to
THE SOFTWARE PRODUCT, and may not redistribute it in non-compiled
form. Under no circumstances may the source code be used as the
basis for creating a product that contains the same, or
substantially the same, functionality as any KAKOO CORP. product.
You may not use the source code for any purpose that would
compete commercially with the Kakoo itself.
For All Licenses: In no case shall you rent, lease, lend,
redistribute nor re-license THE SOFTWARE PRODUCT or source code to a
third party individual or entity, except as outlined above. In no
case shall you grant further redistribution rights for THE SOFTWARE
PRODUCT to the end-users of your solution.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Termination. Without prejudice to any other rights, KAKOO
CORP. may terminate this EULA if you fail to comply with the terms
and conditions of this EULA. In such event, you must destroy all
copies of the SOFTWARE PRODUCT and all of its component parts,
source code, associated documentation, and related materials.
3. COPYRIGHT.
All title and copyrights in and to the SOFTWARE PRODUCT
(including but not limited to code, scripts, images and text
incorporated into the SOFTWARE PRODUCT), the accompanying printed
materials, and any copies of the SOFTWARE PRODUCT are owned by KAKOO
CORP. The SOFTWARE PRODUCT is protected by U.S. copyright laws and
international treaty provisions. Therefore, you must treat the
SOFTWARE PRODUCT like any other copyrighted material.
4. LIMITED WARRANTY.
NO WARRANTIES. KAKOO CORP. expressly disclaims any warranty for
the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related
documentation is provided "as is" without warranty of any kind,
either express or implied, including, without limitation, the
implied warranties of merchantability, fitness for a particular
purpose, or non-infringement. The entire risk arising out of use or
performance of the SOFTWARE PRODUCT remains with you.
5. LIMITATION OF LIABILITY.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum
extent permitted by law, in no event shall KAKOO CORP. or its
distributors be liable for any damages whatsoever (including,
without limitations, damages for loss of business profits, business
interruption, loss of business information, or any other pecuniary
loss) arising out of the use of or inability to use this KAKOO CORP.
product (THE SOFTWARE PRODUCT) and related materials, even if KAKOO
CORP. has been advised of the possibility of such damages. Because
some jurisdictions do not allow the exclusion or limitation of
liability for consequential or incidental damages, the above
limitation may not apply to you.
6. SUPPORT.
The provision of support is not guaranteed in any way, and shall
be provided entirely at the discretion of Kakoo. Refunds will be not
be given for any failure by Kakoo to provide product support.
If you have any questions regarding this End User License
Agreement, please email to info@kakoo.com or write to:
KAKOO CORP.
481 Clementina St #D
San Francisco, CA
94103
U.S.A.