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NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY.
THIS
END-USER LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN
YOU, EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR
FOR AN ENTITY, AN ENTITY (“YOU” OR “LICENSEE”) AND KUNERI LTD.
(“LICENSOR”) FOR KUNERILITE MOBILE DECELOPMENT FRAMEWORK (“KUNERILITE”)
WHICH INCLUDES COMPUTER SOFTWARE, GRAPHICS AND OTHER ELEMENTS SPECIFIED
IN THIS AGREEMENT, ON KUNERI WEBSITES, AND/OR OTHER MEDIA KUNERILITE OR
OTHER KUNERI PRODUCTS AND SERVICES ARE AVAILABLE.
BY DOWNLOADING
KUNERILITE, COMPLETING THE SERIALIZATION PROCESS, OR INSTALLING,
ACCESSING OR UTILIZING KUNERILITE, YOU AGREE TO BE BOUND BY THE TERMS
OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS LIKE ANY WRITTEN
NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE
AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED KUNERILITE AND ON WHOSE
BEHALF IT IS USED. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE AND/OR INSTAL KUNERILITE.
1. Definitions
(a)
“KuneriLite” means KuneriLite mobile development framework and any 3rd
party software programs attached or related, in each case, supplied by
Licensor with corresponding material in written, electronic or any
other form, and is composed of a core and its extension modules and
each combination formed.
(b) “Non-commercial use” means use that do
not create any kind of direct or indirect income to the Licensee or to
any other 3rd party.
(c) “Derivative work” means any software that is derived, created, utilized related or/and invented using KuneriLite.
(d) “product key” means the unique product key provided to You with KuneriLite.
2. Ownership
KuneriLite
is protected by the copyright laws of Finland and other countries, and
by international treaty provisions and other intellectual property
laws. Licensor and/or third-party licensors shall retain ownership in
and to KuneriLite, the copies of KuneriLite provided herewith and in
and to all other intellectual property rights, including without
limitation trademarks, trade names and patents. KuneriLite is licensed
to You for use subject to the terms set forth in this Agreement.
3. Grant of License
Licensor
hereby grants to You and You fully accept a personal, non-exclusive and
non-transferable, revocable right to use only the executable version
(no source code) of KuneriLite in non-commercial use. This license
enters into force through aforementioned procedure and no title shall
pass to the You. You can include KuneriLite within another product
created, derived or invented from KuneriLite by You, but KuneriLite
shall not be distributed alone.
4. Obligations and Restrictions
You agree to give correct personal information as the user of KuneriLite and agree to use KuneriLite only to lawful purposes.
You
agree not to disclose, modify, decompile, translate, disassemble,
reverse engineer or otherwise reduce KuneriLite to a human-perceivable
form or otherwise attempt to derive source code of KuneriLite except to
the extent you may be expressly permitted, under applicable law and
this Agreement, to decompile only in order to achieve interoperability
with KuneriLite. KuneriLite is designed and provided to you as a single
product, and You shall not unbundle or repackage KuneriLite or any
component parts of KuneriLite
You shall not distribute, sell,
rent, lease, sublicense, or by any commercial means use KuneriLite or
otherwise transfer for value KuneriLite (alone). You agree not to
challenge Licensor’s rights in or otherwise attempt to assert any
rights in KuneriLite, except those provided under this Agreement. You
agree not to copy KuneriLite except for backup and disaster recovery
purposes.
KuneriLite can be delivered within a derivative work
for non-commercial purposes by obtaining a non-commercial product key.
For commercial purposes, KuneriLite can be distributed only within a
derivative work with a commercial product key to be obtained from
Licensor under separate terms and conditions. A derivative work shall
be distributed only for testing, evaluation or trial purposes with a
public non-commercial key.
The non-public, non-commercial
product key (or commercial product key) which is given to You or to
related person shall not be disclosed, reveled or passed to any other
person or entity.
You shall not use KuneriLite to develop any
software or other technology having the same primary function as
KuneriLite, including but not limited to using KuneriLite in any
development or test procedure that seeks to develop like software or
other technology, or to determine if such software or other technology
performs in a similar manner as KuneriLite.
KuneriLite may not
be used in any way, which is harmful or otherwise offensive for the
Licensor, other users of KuneriLite or third parties.
You agree
not to use KuneriLite except as expressly permitted under this
Agreement. Licensor shall have right to audit the use of KuneriLite for
the compliance with these terms at any time, with a reasonable notice.
In a case that You use KuneriLite in any other way than under the terms
and conditions stated in this Agreement, You agree to compensate
Licensor’s expenses related to such audit and any other liabilities you
may incur in result of such non-compliance and license shall be deemed
canceled, and You shall immediately stop using KuneriLite.
5. Privacy
Licensor
is committed to the protection of privacy of the users of KuneriLite.
Licensor handles and stores personal information only in connection
with the registration and downloading process of KuneriLite, and to
supply new services and track the possible illegal use of KuneriLite.
6. Identification
Licensor may use Licensee’s name and logo in client listings, unless otherwise agreed.
7. No Warranty
To
the maximum extent permitted by applicable law, except as provided
above, LICENSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED
OR IMPLIED WITH RESPECT TO KUNERILITE, ITS QUALITY, PERFORMANCE,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT,
KUNERILITE IS LICENSED “AS IS” AND YOU ARE ASSUMING THE ENTIRE RISK AS
TO ITS QUALITY AND PERFORMANCE.
YOU ACKNOWLEDGE THAT
KUNERILITE IS A PRE-RELEASE VERSION THAT DOES NOT REPRESENT A FINAL
PRODUCT, AND MAY CONTAIN BUGS, ERRORS AND OTHER PROBLEMS THAT COULD
CAUSE SYSTEM FAILURES.
KUNERILITE IS NOT DESIGNED, INTENDED OR
LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE
CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION,
MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR
COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS
SYSTEMS.
KUNERI SHALL HAVE NO RESPONSIBILITY IF KUNERILITE HAS
BEEN ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT OF USE OF
KUNERILITE WITH OTHER THAN A RECOMMENDED HARDWARE CONFIGURATION,
PLATFORM OR OPERATING SYSTEM.
You understand and acknowledge
that Licensor will not be liable for network or device related problems
attributable to the operation of KuneriLite and any problems with the
information and data stored in the device KuneriLite is downloaded or
used with.
You also acknowledge and understand that Licensor
does neither control nor have any knowledge of, the information and
data presented and received through the use of KuneriLite.
8. Proprietary rights and indemnification
As
a condition to the right to use KuneriLite, You agree that You will not
use KuneriLite to infringe the copyrights or other intellectual
property rights of others in any way. You agree that any such
infringement constitutes a material breach of this Agreement and would
cause irreparable harm to Licensor. You agree that You will indemnify
and defend Licensor against all liabilities, damages, claims, fines and
expenses (including reasonable attorney's fees) arising out of any
claim that You have infringed the copyrights or intellectual property
rights of others.
9. Limitation of Liability
YOU
EXPRESSLY AGREE THAT LICENSOR SHALL IN NO EVENT BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE KUNERILITE, even if
advised of the possibility of such damages In particular, and without
limitation, Licensor shall have no liability for any data stored or
processed with or in connection with KuneriLite, including the costs of
recovering such data. Your only right or remedy with respect to any
problems or dissatisfaction with KuneriLite is to deinstall and cease
use of KuneriLite.
10. Support
Licensor shall
have no obligation to provide support or maintenance for KuneriLite
under this Agreement. However, Licensor may, at its sole discretion,
provide limited technical support, upgrades and updates for KuneriLite.
All possible upgrades and updates are provided to You on a license
exchange basis. Upgrades and updates may be licensed to you by Licensor
with additional or different terms.
11. Basis of disclaimers and limitations
The
warranty disclaimer and limitations on damages set forth above are
fundamental elements of the basis of the agreement between you and
Licensor. Licensor would not be able to provide KuneriLite or related
services to you on an economically reasonable basis without these
limitations.
12. Termination
Your right to
use KuneriLite continues until this Agreement is terminated. You may
terminate this Agreement at any time by uninstalling all of Your ( and
distributed ) copies of KuneriLite. This Agreement will automatically
terminate if You fail to comply with the material terms of this
Agreement. Upon any termination, You agree to remove KuneriLite from
Your devices, destroy all copies of KuneriLite. You may terminate this
Agreement at any time by destroying KuneriLite and all copies thereof.
You will not be refunded any part of license fee, if any. Provisions of
Sections No Warranty, Limitation of Liability and Termination shall
survive any termination of this Agreement.
13. Severability
If
any of the terms, or portions thereof, of this Agreement are invalid or
unenforceable under any applicable statute or rule of law, the court
shall reform the Agreement to include an enforceable term as close to
the intent of the original term as possible; all other terms shall
remain unchanged.
14. Whole Agreement
This Agreement constitutes the entire agreement between You and Licensor relating to the subject matter hereof.
15. Waiver
The
waiver or failure of Licensor to exercise in any respect any right
provided for in this Agreement shall not be deemed a waiver of any
further or future right under this Agreement.
16. Assignability
This
Agreement shall inure to the benefit of, and is freely assignable to,
Licensor’s successors and assignees of rights in KuneriLite. Licensee
has no right to transfer or assign this agreement.
17. Governing law and dispute resolution
This
Agreement shall be governed by and shall be construed in accordance
with the laws of Finland excluding its choice of law rules. All
disputes relating to KuneriLite and this Agreement shall be settled at
District Court of Oulu, Finland having the sole jurisdiction.
18. General
Kuneri reserves the right to make any change to this agreement without any notice.
The
services
hereunder are offered by Kuneri Ltd. located at Pakkahuonenkatu 12 A,
90100, Oulu/Finland and email hello(at)kuneri.net.
© Kuneri - Last reviewed August 2008
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