THIS SOFTWARE LICENSE AGREEMENT (“Agreement”) governs the user’s (“Customer”) use of KnightVision software product by Knightware, LLC ("Knightware"), including any associated media, printed materials, and electronic documentation (“Software”). By installing, clicking on, and/or using this Software, Customer agrees to be bound by the terms of this Agreement.
LICENSE: This Agreement grants Customer a nonexclusive license to use the Software in its entirety on any number of computers as specified herein. This Agreement shall be retained by Customer. Customer may not sell, rent, assign, or lease the Software or any of its components. Customer may not post the Software to any external web site. Customer may not transfer Customer’s rights under this Agreement. Customer may not reverse engineer, decompile, modify, or disassemble the Software in whole or in part. The Software’s component parts may not be separated from the Software.
OWNERSHIP: The Software is licensed, not sold. The Software and its components are owned by Knightware who retains all right, title, and interest in the Software or the respective components, and all copies thereof, and are therefore protected by United States patent and copyright laws and international treaty provisions. Customer shall treat the Software like any other patented and/or copyrighted material. Customer shall not remove, modify, or alter any patent, copyright, or trademark notice from any part of the Software. All rights not specifically granted under this Agreement are reserved by Knightware.
KNIGHTWARE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. KNIGHTWARE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, KNIGHTWARE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KNIGHTWARE OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
LIMITS OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KNIGHTWARE OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER ECONOMIC LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF KNIGHTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, KNIGHTWARE’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER ALLOCABLE TO THE SOFTWARE. BECAUSE SOME STATES/ JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER.
EXPORT RESTRICTIONS: Customer may not export or re-export the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations.
TERMINATION: Without limiting any of Knightware’s other rights, Knightware may terminate this Agreement if Customer fails to comply with the terms and conditions hereof. In such event, Customer must destroy any and all copies of the Software.
MISCELLANEOUS: This is the entire Agreement between Knightware and Customer relating to the Software and supersedes any purchase order, communication, advertising, or representation concerning the Software. No change or modification of this Agreement will be valid unless it is in writing and signed by Knightware.