Software License Agreement
This software license agreement is a legal agreement between you (either an individual
or an entity) and Karaosoft. By installing the software and/or purchasing
a license(s), clicking an "ok" button during installation or purchase, and/or using
the software you are agreeing to be bound by the terms of this agreement.
COPYRIGHT. The SOFTWARE and accompanying materials (including any images, "applets",
photographs, animations, video, audio, music and text incorporated into the SOFTWARE
and accompanying materials) is owned by Karaosoft and is protected by United
States copyright laws and international treaty provisions and all other applicable
national laws. Therefore, you must treat the SOFTWARE and accompanying materials
like any other copyrighted material (e.g. a book or musical recording) except that
you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes
or (b) transfer the SOFTWARE to a single hard disk provided you keep the original
solely for backup or archival purposes. You may not copy the user documentation
accompanying the SOFTWARE. You may not repackage the software for distribution by
GRANT OF LICENSE. The software is licensed to you by Karaosoft and at no time
do you have any ownership of the software. This License Agreement permits
you to install the software(not including licenses) on any computer. This
license agreement permits you to activate a license on single PC for each license
purchased. You agree to allow the SOFTWARE to communicate, via the internet,
to Karaosoft servers for any purpose which may include but not limited to
version checking, license validation, license activation, and license deactivation.
For PC based products, license activation is linked to the computer's name, also
known as the computer's network name. If you need to change your computer's
network name for any reason, you agree that you must use the "remove license" procedure
(located on the activation screen) prior to renaming the computer name, and reactivate
the license after the computer name has been changed. Once a license is activated
on a machine, it is your responsibility to protect it. If an activated license
is destroyed for any reason, it can not be activated again. Karaosoft
reserves the right to revoked any software license for any reason, including, but
not limited to breach of this agreement or if piracy is detected.
TRANSFER OF LICENSE. Licenses are non transferable between parties except by written
permission in advance from Karaosoft. A license may be transferred from
one PC to another, provided the license is removed from the original PC first, only
by means of using the deactivation or "remove license" feature located within the
software itself. You agree to allow Karaosoft licensing servers to control
license movement, and agree that due to the problem of software piracy, licenses
can not be moved between machines in any other manner. You understand that
due to these procedures, should a computer become inoperable for any reason by which
the software license can not be deactivated, you must have your license reset. Due
to the problems of software piracy, Karaosoft limits the number of license
resets per calendar year to three per single license. Should a license need a fourth
reset in a calendar year, you must purchase a new llicense to replace the lost license
if you wish to continue using the software.
RESTRICTED USES. You may not install or use this software on computers that are
connected to life-saving or life-support medical equipment, nor on any equipment
used in the production or administering of drugs or breathable gasses, nor on any
equipment that, through malfunction or misuse, could directly or indirectly cause
physical injury or death.
OTHER RESTRICTIONS. You hereby agree not to reverse engineer, decompile or disassemble
the SOFTWARE. You agree not to analyze the software, its data files, or transmission
protocols in an attempt to discover its systems and methods of operation. You agree
not to communicate to others any discovery of technical procedures, systems and
methods, or protocol of the Software. You hereby agree that the Software does not
infringe on any patent, copyright, trademark, or other intellectual property rights
under your control either directly or indirectly, or under the control of any company
or other entity to which you report. You agree to hold harmless Karaosoft
in any intellectual property dispute that might arise from the discovery or disclosure
of such information by you as a result of a violation of this paragraph.
U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and documentation are provided with
RESTRICTED RIGHTS. Use, duplication or disclosure by the United States Government
is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights
in Technical Data and computer Software clause at DFARS 252.227-7013 or subparagraphs
(c)(1) and (2) of the Commercial Computer Software-- Restricted Rights at 48 CFR
52.227-19, as applicable. Manufacturer is Karaosoft.
EXPORT CONTROLS. You may not download or otherwise export or reexport the Software
or any underlying information or technology except in full compliance with all United
States and other applicable laws and regulations.
INSTALLATION AND SUPPORT. You are solely responsible for the installation and maintenance
of the Software, and for the proper installation, configuration, and operation of
the software and the hardware, supporting software, and services upon which the
Software relies. You are solely responsible for the configuration and operation
of the Software. You are responsible for selecting the correct settings for your
Server and Clients. The Software is delivered with certain default settings which
may not be appropriate for all computers.
SOFTWARE UPDATES. From time to time Karaosoft releases updates for the Software,
and may notify you of their availability through one or several methods. Because
Karaosoft cannot know conclusively if you have received a notification, you
are responsible for periodically checking our main web site at www.Karaosoft.com
for the availability of updates. You agree that you will download and apply updates
to the software as updates are released, in a timely way. Karaosoft
may not support software that is not at the current version. Karaosoft may,
at our sole discretion, make updates and other services available only to customers
who have current Maintenance Subscriptions.
NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Latshaw
Systems, its officers, and employees disclaim all other warranties, either express
or implied, including but not limited to suitability for any particular purpose,
or the ability of the licensee to operate the software or a successful business
based on the software. As with most software companies, Karaosoft offers
no form of a "money-back guarantee." Because software can be downloaded and used
immediately after online purchase, all sales are final and non-refundable.
EFFECT OF PRIOR AGREEMENTS. This Agreement supersedes any prior agreement between
you and Karaosoft, except where specifically noted and signed by the CEO of
Karaosoft in writing.
ORAL AGREEMENTS NOT BINDING. This instrument is the entire agreement between you
and Karaosoft. Oral changes and agreements have no effect. This agreement
may be altered only by a written agreement signed by both you and Karaosoft.
ACCEPTANCE OF THESE CONDITIONS. By downloading, installing or using the software,
you accept the terms of this license agreement. You agree that you fully understand
the capabilities of the software, that you have tested the Evaluation Version and
that it fully meets your needs, and that you accept the software as-is. By accepting
this license, you agree that you will not reverse any credit card charge for this
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable
law, in no event shall Karaosoft, its officers, or employees be liable for
any damages whatsoever (including without limitation, direct or indirect damages
for personal injury, loss of business profits, business interruptions, loss of business
information or any other pecuniary loss) arising out of the use of or inability
to operate this product, misapplication, failure to read and understand the operating
instructions in all its forms - Help Files, Web based, printed, and verbal, even
if Karaosoft has been advised of the possibility of such damages. In any case,
Karaosoft', its officers', and employees' entire liability under any provision
of this agreement shall be limited to the amount actually paid by you to Latshaw
Systems for the SOFTWARE.
IN NO EVENT SHALL Karaosoft AND/OR ITS OFFICERS OR EMPLOYEES BE LIABLE FOR
ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION
AVAILABLE FROM ANY OF Karaosoft' WEB SITES OR INFORMATION SERVICES.
Should it become necessary for Karaosoft to retain counsel to enforce its
rights, or defend any action or inaction under this agreement, you agree to pay
all costs of such enforcement and/or defense, including, but not limited to, all
court costs and other litigation expenses, together with Karaosoft reasonable
attorney fees. This agreement shall be governed by the laws of the state of Maryland
and shall inure to the benefit of Karaosoft and any successors, administrators,
heirs, and assigns. Any action or proceeding brought by either party against the
other arising out of or related to this agreement shall be brought only in a STATE
or FEDERAL COURT of competent jurisdiction located in Baltimore County, Maryland.
The parties hereby consent to in personam jurisdiction of said courts.