Legal Contract KBM Software
Legal Notices
Copyright
Notice Specific to Software on this Website
Distribution of Software on your CD-ROM or Website
Linking to this site
Warranties
Exclusive Remedies
Limitations of Damages
Basis of Bargain
US Government End Users
Governing Law and Jurisdiction
Legal Notices
KBM Software makes software and information available on this website, subject to terms and conditions described on this page and in the End User License Agreement which must be accepted when installing the Software.
By accessing the software and this website, you agree to these terms and conditions. Company reserves the right to change these terms and conditions, and the Software, at any time, at its sole discretion, without notice. Any rights not expressly granted herein are reserved.
Copyright
Copyright ©2001-2004 KBM Software. All rights reserved. The pages on this website are protected by copyright. Except as specifically permitted, no portion of this website may be distributed, republished, publicly displayed, or reproduced by any means, or in any form, without the prior written permission of Company.
Notice Specific to Software on this Website
Any software that is made available to download from this website is the property of the Company, which retains all title in and rights to the Software except as described herein. Use of the Software is governed by End User License Agreement which must be accepted when installing the Software.
The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties.
Distribution of Software on your CD-ROM or Website
Company reserves the right to evaluate requests for authorization to distribute the Software on your CD or host the Software on third-party websites. Requests for authorization should be made using the contact details available on this site. You may not host the downloadable Software unless expressly permitted by KBM Software and we reserve the right to revoke such authorization at any time, and any such use of the Software shall be discontinued immediately upon notice from us.
Linking to this site
We encourage you to provide a link to http://www.1keytools.com/ or any page on that domain on your web site. You may do so without getting prior written permission from us.
Warranties
You expressly acknowledge and agree that use of this site and any software downloaded from this site is at your own risk and that KybIE GetEmAll is provided "as is" without any warranties or conditions whatsoever. KBM Software does not warrant that the functions of the software will meet your requirements or that the operation of the software will be uninterrupted or error free. You assume responsibility for selecting the software to achieve your intended results, and for the use and the results obtained from the software.
KBM Software DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
IF APPLICABLE LAW IMPLIES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. No oral or written information or advice given by KBM Software , its dealers, distributors, agents or employees
shall create a warranty or in any way increase the scope of this warranty.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
Exclusive Remedies
In case of an applied warranty, the exclusion of which is not allowed as described in clause 6, your exclusive remedy is that KBM software may refund to you your purchase price for
the software.
Limitations of Damages
In no event shall KBM Software or its suppliers be liable for any damages whatsoever (including but not limited to and without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of use or inability to use the software, even if advised of the possibility of such damages.
KBM software's total liability to you for actual damages for any cause whatsoever will be limited to the greater of £1.00 or the amount paid by you for the Software that caused such damages.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Basis of Bargain
The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the bargain between KBM software and you. KBM software would not be able to provide the Software on an economic basis without such limitations.
US Government End Users
The US Government acknowledges receipt of notice that the Products and related documentation were developed at private expense and that no part of either of them is in the public domain. The Government acknowledges KBM software's representation that the Products are "Commercial Computer Software" as defined in Subpart 227.471 of the Department of Defense Federal Acquisition Regulation Supplement (the "DFARS"). The Government agrees that the Products are classified as "Commercial Computer Software" and the Government is acquiring only "Restricted Rights".
Governing Law and Jurisdiction
This Agreement shall be governed by the internal laws of the United Kingdom. This Agreement contains the complete agreement between the parties with respect to the subject
matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.
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