Kenbushi®
License Agreement
Lava Software
Pty. Ltd
SOFTWARE LICENSE AGREEMENT FOR KENBUSHI
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY
BEFORE USING THE KENBUSHI SOFTWARE ("SOFTWARE"). BY USING THE SOFTWARE,
YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO
NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE.
1. General. The software,
documentation and any fonts accompanying this License whether on disk,
in read only memory, on any other media or in any other form
(collectively the "Software") are licensed, not sold, to you by Lava
Software Pty. Ltd. ("Lava Software") for use only under the terms of
this License, and Lava Software reserves all rights
not expressly granted to you. The rights granted herein are limited to Lava Software's and its licensors'
intellectual property rights in the Software and do not include any
other patents or intellectual property rights. You own the media on
which the Software is recorded but Lava Software and/or Lava Software's licensor(s) retain
ownership of the Software itself. The terms of this License will govern
any software upgrades provided by Lava Software that replace and/or
supplement the original Software product, unless such upgrade is
accompanied by a separate license in which case the terms of that
license will govern.
2. Permitted License Uses and Restrictions.
This License allows you to install and use the Software. The Software
may be used to reproduce materials so long as such use is limited to
reproduction of non-copyrighted materials, materials in which you own
the copyright, or materials you are authorized or legally permitted to
reproduce. Except as and only to the extent expressly permitted in this
License or by applicable law, you may not copy, decompile, reverse
engineer, disassemble, modify, or create derivative works of the
Software or any part thereof. THE SOFTWARE IS NOT INTENDED FOR USE IN
THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR
COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT
MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SOFTWARE COULD
LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL
DAMAGE.
3. Transfer. You may
redistribute the Software, but only if you include all its component
parts and the party receiving the Software reads and agrees to the
terms and conditions of this License.
4. Consent to Use of Data. You agree
that Lava
Software
and its subsidiaries may collect and use technical and related
information, including but not limited to technical information about
your computer, system and application software, and peripherals, that
is gathered periodically to facilitate the provision of software
updates, product support and other services to you (if any) related to
the Software and to verify compliance with the terms of this License. Lava Software may use this
information, as long as it is in a form that does not personally
identify you, to improve our products or to provide services or
technologies to you.
5. Termination. This License is
effective until terminated. Your rights under this License will
terminate automatically without notice from Lava Software if you fail to
comply with any term(s) of this License. Upon the termination of this
License, you shall cease all use of the Software and destroy
all copies, full or partial, of the Software.
6. Disclaimer of Warranties. YOU
EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE (AS DEFINED
ABOVE) AND SERVICES IS AT YOUR SOLE RISK AND THAT
THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND
EFFORT IS WITH YOU. THE SOFTWARE AND SERVICES ARE PROVIDED "AS IS",
WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LAVA SOFTWARE AND
LAVA
SOFTWARE'S
LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO
THE SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS
OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A
PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND
NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LAVA SOFTWARE DOES NOT WARRANT
AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR SERVICES,
THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR SERVICES WILL MEET YOUR
REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR
SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY LAVA
SOFTWARE
OR AN LAVA
SOFTWARE
AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE
OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE
STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS
MAY NOT APPLY TO YOU.
7. Limitation of Liability. TO THE
EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LAVA SOFTWARE BE LIABLE FOR
PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL
DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY
TO USE THE SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE
THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LAVA SOFTWARE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no
event shall Lava Software's total liability to you for all damages
(other than as may be required by applicable law in cases involving
personal injury) exceed the amount of fifty dollars ($50.00). The
foregoing limitations will apply even if the above stated remedy fails
of its essential purpose.
8. Controlling Law and Severability.
This License will be governed by and construed in accordance with the
laws of the State of South Australia, as applied to agreements entered
into and to be performed entirely within South Australia between South Australian residents. This
License shall not be governed by the United Nations Convention on
Contracts for the International Sale of Goods, the application of which
is expressly excluded. If for any reason a court of competent
jurisdiction finds any provision, or portion thereof, to be
unenforceable, the remainder of this License shall continue in full
force and effect.
9. Complete Agreement; Governing Language.
This License constitutes the entire agreement between the parties with
respect to the use of the Software licensed hereunder and supersedes
all prior or contemporaneous understandings regarding such subject
matter. No amendment to or modification of this License will be binding
unless in writing and signed by Lava Software. Any translation of this
License is done for local requirements and in the event of a dispute
between the English and any non-English versions, the English version
of this License shall govern.
10.
Trademarks. 'Kenbushi',
the 'Ken' dog character,
'Skipmark', and the 'Skipmark' icon are trademarks of Lava Software
Pty. Ltd.