Terms and Conditions of Use
3. ACCESSING THE WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Website, and any service or material (including Software) we make available on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website.
To purchase Software through the Website, you may be asked to provide certain registration details. It is a condition of your use of the Website, and your purchase of the Software, that all the information you provide on the Website is correct, current, and complete. We will not sell or otherwise share this information with third parties.
4. PROHIBITED USES
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To impersonate or attempt to impersonate the Company, a Company employee, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that may harm the Company or users of the Website or expose them to liability.
5. GEOGRAPHIC RESTRICTIONS
Company is based in the State of California in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
6. CHANGES TO THE WEBSITE
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
7. INFORMATION ABOUT YOU AND YOUR VISITS TO THIS WEBSITE
We do not track cookies. No information collected on this Website will be sold or otherwise shared with third parties.
8. ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS
All purchases through our site or other transactions for the sale of Software formed through the Website are governed by the terms of Paragraph 9 below.
9. LICENSED SOFTWARE
The definitions of Software outlined above shall further include any files included within these files or any other files in the lib directory needed to successfully link the executables specified above. Note that modules in the lib (but not the jkOwnLib or hg/lib) directories are free to use for any purpose without an explicit license.
(ii) An “Authorized User” is an employee or contractor of Licensee who Licensee permits to access and use the Software and/or Documentation on an Instance pursuant to Licensee's license hereunder.
(iii) The “Documentation” means Licensor's user manuals, handbooks, and installation guides relating to the Software available here.
B. License Grant.
C. Use Restrictions.
D. Reservation of Rights.
E. Software Updates and New Products.
F. Licensee Responsibilities.
H. Fees and Payment
Licensee shall pay Licensor the fees (“Fees”) for the Software selected by the Licensee and set forth in the Invoice without offset or deduction. Licensee shall make all payments hereunder in US dollars on or before the due date set forth in the Invoice. If Licensee fails to make any payment when due, in addition to all other remedies that may be available: (i) Licensor may charge interest on the past due amount at the rate of 1.5% per month calculated daily and compounded monthly or, if lower, the highest rate permitted under applicable law; and (ii) Licensee shall reimburse Licensor for all costs incurred by Licensor in collecting any late payments or interest, including attorneys' fees, court costs, and collection agency fees; and (iii) if such failure continues for thirty (30) days following written notice thereof, Licensor may prohibit access to the Software until all past due amounts and interest thereon have been paid, without incurring any obligation or liability to Licensee or any other person by reason of such prohibition of access to the Software.
(i) Licensor may terminate the Software License(s), effective on written notice to Licensee, if Licensee: (A) fails to pay any amount when due hereunder, and such failure continues more than thirty (30) days after Licensor's delivery of written notice thereof; or (B) breaches any of its obligations under Paragraph 9(C), Paragraph 10 or Paragraph 11; or
K. Effect of Expiration or Termination.
L. Limited Warranties And Warranty Disclaimer.
(i). Licensor warrants that: (i) at the time of delivery of the Software, or any other files made available for download off of the Website, including the Documentation, such Software or documents will not contain any virus or other malicious code, and (ii) the Software will perform in substantial accordance with the Documentation referenced in Paragraph 9(A)(iii) for a period of ninety (90) days from the Effective Date (“Warranty Period”) of the Software License(s). THE FOREGOING WARRANTIES DO NOT APPLY, AND LICENSOR STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY THIRD-PARTY PRODUCTS.
(iii). If, during the Warranty Period, any Software fails to comply with the limited warranties above described in Paragraph 9(L)(i), such failure is not excluded from warranty pursuant to Paragraph 9(L)(ii), Licensor shall, subject to Licensee's promptly notifying Licensor in writing of such failure, at its sole option, either: (i) repair or replace the Software, provided that Licensee provides Licensor with all information Licensor reasonably requests to resolve the reported failure, including sufficient information to enable the Licensor to recreate such failure; or (ii) if the Licensor is unable to repair or replace the Software within thirty (30) days of receiving a detailed description of the error, refund the Fees paid for such Software, subject to Licensee's ceasing all use of and, if requested by Licensor, returning to Licensor all copies of the Software. If Licensor repairs or replaces the Software, the warranty will continue to run from the Effective Date and not from Licensee's receipt of the repair or replacement. The remedies set forth in this Paragraph 9(L)(iii) are Licensee's sole remedies and Licensor's sole liability under the limited warranty set forth in Paragraph 9(L)(i).
EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN PARAGRAPH 9(L)(i), THE SOFTWARE AND DOCUMENTATION ARE PROVIDED “AS IS” AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. LICENSOR SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN PARAGRAPH 9(L)(i), LICENSOR MAKES NO WARRANTY OF ANY KIND THAT THE SOFTWARE AND DOCUMENTATION, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET LICENSEE'S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
M. Force Majeure.
N. Export Regulation.
The Software may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. Licensee shall not, directly or indirectly, export, re-export, or release the Software to, or make the Software accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. Licensee shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Software available outside the US.
O. US Government Rights.
Each of the Documentation and the Software is a “commercial item” as that term is defined at 48 C.F.R. § 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. § 12.212. Accordingly, if Licensee is an agency of the US Government or any contractor therefor, Licensee only receives those rights with respect to the Software and Documentation as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors.
10. INTELLECTUAL PROPERTY OWNERSHIP
If You, or any of your employees or contractors sends or transmits any communications or materials to Company by mail, email, telephone, or otherwise, suggesting or recommending changes to the Website, Software or Documentation, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), Company is free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback. You hereby assign to Company on behalf of yourself, and your employees, contractors and/or agents, all right, title, and interest in, and Company is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Licensor is not required to use any Feedback.
13. LIMITATIONS OF LIABILITY.
14. MISCELLANEOUS TERMS
A. All Governing Terms.
C. Amendment and Modification; Waiver.
E. Governing Law; Submission to Jurisdiction.
G. Equitable Relief.
Each party acknowledges and agrees that a breach or threatened breach by such party of any of its obligations under Paragraph 10 or, in the case of Licensee, Paragraph 9(C), would cause the other party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
15. YOUR COMMENTS AND CONCERNS
This website is operated by:
Kent Informatics, Inc.
PO Box 3998
Santa Cruz, CA 95063 USA
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: firstname.lastname@example.org.
Last revised: September 20, 2021