KWK Computer Solutions CC - END-USER LICENSE AGREEMENT
IMPORTANT – READ CAREFULLY: This End-User License Agreement (EULA) is a legal agreement between you (“THE CLIENT”) and KWK Computer Solutions CC [2005/147538/23](“the developer”) that covers the software (Software). By copying, downloading, accessing or otherwise using this software, the client agrees to be bound by the terms of this EULA.
SOFTWARE LICENSE
1. GRANT OF LICENSE: This EULA grants THE CLIENT the right to use the software. It does not grant THE CLIENT the right to alter or tamper with the software in any way. The source code, tools, resources, assets and any other intellectual property used in the production of this software remain the property of the developer.
2. TERMINATION: Without prejudice to any other rights, the developer may terminate this EULA if THE CLIENT fails to comply with the terms and conditions of this EULA.
3. DISCLAIMER OF WARRANTIES: To the maximum extent permitted by applicable law, the developer provides to THE CLIENT the software, and any (if any) support services related to the software (Support Services) as is; and the developer hereby disclaims, with respect to the software and support services, all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties or conditions of, or related to title, non-infringement, merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, lack of negligence or lack of workmanlike effort, quiet enjoyment, quiet possession, and correspondence to description. The entire risk arising out of use or performance of the software and any support services remains with THE CLIENT.
4. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES: To the maximum extent permitted by applicable law, in no event shall the developer be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of, or in any way related to the use of, or inability to use the software or support services, or the provision of, or failure to provide support services, or otherwise under or in connection with any provision of this EULA, even if the developer has been advised of the possibility of such damages.
5. LIMITATION OF LIABILITY AND REMEDIES: Notwithstanding any damages that THE CLIENT might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of the developer under any provision of the EULA and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid for the software of relevant part thereof. The foregoing limitations, exclusion and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
6. THIRD-PARTY SOFTWARE: All third-party software packages used by THE CLIENT in the execution of its functions and any other operations are subject to their own terms and conditions as specified by their own end-user license agreements. The entire risk arising out of use or performance of these third-party software packages and any support services provided by these third-parties remains with THE CLIENT.
By using the software you hereby acknowledge that I have read and understood the terms and conditions of this EULA. I also hereby declare that I have the legal capacity to act as representative for THE CLIENT.