KyNet Ltd Warranty and License Agreement

Limited Warranty and License Agrement

IMPORTANT—READ CAREFULLY

This Kynet Ltd End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and KyNet Ltd, for the ecommerce software packages, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation. By installing, copying, or otherwise using the KyNet package and or service, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the KyNet package or service;

Software License Agreement

The osCommerce product used in KyNet Ltd's package is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The KyNet package is a combination or services and products. The core of our ecommerce based packages make use of the osCommerce solution liscensed under the GNU General Public License.

GRANT OF LICENSE This EULA grants you the following rights:

· Applications Software. You may install and use one copy of our package, or any prior version for the same operating system, on a single computer. The primary user of the computer on which the the package is installed may make a second copy for his or her exclusive use on a portable computer.
· Application Content. You may not sell, license or otherwise distribute the web application files contained within the KyNet PACKAGE on a stand-alone basis or as part of any collection, or as part of any product or service for resale except where such files are protected by the GNU.

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

· Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the KyNet Package, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

· Support Services. Kynet Ltd may provide you with support services related to the KyNet Package ("Support Services"). Use of Support Services is governed by the policies and programs described in the user manual, in "online" documentation, and/or in other KyNet Ltd -provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the KyNet Package and subject to the terms and conditions of this EULA. With respect to technical information you provide to KyNet Ltd as part of the Support Services, KyNet Ltd, may use such information for its business purposes, including for product support and development. KyNet will not utilize such technical information in a form that personally identifies you.

· Rental. You may not rent, lease, or lend the KyNet Package.

· Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the KyNet package (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA.

· Termination. Without prejudice to any other rights, KyNet Ltd, may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the KyNet Ltd package and all of its component parts.

2 COPYRIGHT All title and copyrights in and to the KyNet Ltd Packages (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into KyNet Ltd Packages), the accompanying printed materials, and any copies of the KyNet Ltd Package are owned by KyNet ltd with the exception of the osCommerce software soution which is governed by the GNU. You must treat the Kynet Ltd Product/Package like any other copyrighted material except that you may install the KyNet Ltd Package on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the KyNet Ltd package.

3 DUAL-MEDIA SOFTWARE You may receive the KyNet Package/Product in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the KyNet Package/Product.

MISCELLANEOUS

If this product was acquired outside the United Kingdom, then local law may apply. Should you have any questions concerning this EULA, or if you desire to contact KyNet Ltd, for any reason, please email: legal@kynet.co.uk

LIMITED WARRANTY (Disclaimer of Warranty)

THIS SOFTWARE PACKAGE, SERVICE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. ADDITIONALLY, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KYNET LTD, DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE KyNet Package, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM COUNTRY/JURISDICTION TO COUNTRY/JURISDICTION. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KYNET LTD OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE KyNet Package OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF KYNET LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, KYNET LTD'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE KYNET LTD PACKAGE OR £5.00 GBP. BECAUSE SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

All users of KyNet Ltd Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this EULA, AUP and our TOS (Terms of Service).

You may also want to read our AUP (Acceptable Use Policy) here.

Last updated 26-12-03