LICENSE AGREEMENT
1. Grant of License. This is a legal Agreement between
you and Kaizen Software Solutions. The terms of this
Agreement govern your use of this program. By requesting
this program, you are agreeing to be bound by this
Agreement. If you do not agree to the terms of this
Agreement, please immediately uninstall the program from
your computer. In consideration for your payment of the
license fee, which is your purchase price of the
program, Kaizen Software Solutions grants to you a
nonexclusive right to use this software. You may not
give a copy to others to use or own. Kaizen Software
Solutions retains ownership and title of the program,
both as originally recorded and all subsequent copies
made. This License is not a sale of the original program
or any copy. This program is licensed only to you and
may not be transferred, assigned, rented, leased, sold
or otherwise disposed of to anyone else without express
permission from Kaizen Software Solutions.
2. Unauthorized copying of the program is expressly
forbidden. You may not distribute copies of this program
to others. You may not modify, adapt, translate, reverse
engineer, decompile, disassemble, or create derivative
works based on the program. You may be held legally
responsible for any copyright infringement that is
caused or incurred by your failure to abide by the terms
of this Agreement. Subject to these restrictions, you
may make as many copies as you need for archival use;
that is, for the sole purpose of backing up your program
and protecting your investment from loss, as long as the
archival copy contains the same proprietary notices as
appear in this program.
3. Termination. This License is effective until
terminated. This license will terminate automatically
without notice from Kaizen Software Solutions if you
fail to comply with any provisions of this License. Upon
termination you shall destroy all copies of the program.
4. Disclaimer of Warranties. TO THE EXTENT PERMITTED BY
APPLICABLE LAW, THIS PROGRAM IS DELIVERED "AS IS" AND
WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND BY
EITHER Kaizen Software Solutions OR ANYONE ELSE WHO HAS
BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF
SUCH PROGRAM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS
FOR A PARTICULAR PURPOSE.
5. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL
Kaizen Software Solutions BE LIABLE TO YOU ON ACCOUNT OF
ANY CLAIM (WHETHER BASED UPON PRINCIPLES OF CONTRACT,
WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY
STATUTORY DUTY, PRINCIPLES OF INDEMNITY, THE FAILURE OF
ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR
OTHERWISE) FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL,
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST
PROFITS, OR FOR ANY DAMAGES OR SUMS PAID BY YOU TO THIRD
PARTIES, EVEN IF Kaizen Software Solutions HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State
of California. You consent to the jurisdiction of the
state and federal courts located in the State of
California for all disputes related to this Agreement.