KCrtfCreator End user license agreement

KALPATARU COMPUTERS, INDIA
END USER LICENSE AGREEMENT
KCrtfCREATOR v2.0

Software License Agreement for KCrtfCreator Version 2.0

IMPORTANT- PLEASE READ CAREFULLY: BY INSTALLING THE SOFTWARE (AS DEFINED BELOW), COPYING THE SOFTWARE, YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AGREE TO ALL OF THE TERMS OF THIS END USER LICENSE AGREEMENT ("AGREEMENT") REGARDING YOUR USE OF THE SOFTWARE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.

1. GRANT OF LICENSE: Subject to the terms below, Kalpataru Computers hereby grants you a non-exclusive, non-transferable license to install and to use the downloadable, version of KC rtf Creator ("Software").

Your license will be free to you for the term of the Agreement for individuals and nonprofit organizations. For commercial and government use, you must purchase a valid end-user license after 15 days in order to continue using this product.

For individuals and nonprofit organizations; you may: (i) install and use the Software on unlimited machines and (ii) copy the Software for back-up or archival purposes.

For commercial and government users, you may: (i) install and the Software on a single machine and (ii) copy the Software for back-up or archival purposes.

For all users, you may not: (i) reverse engineer, decompile, or disassemble the Software; (ii) modify, or create derivative works based upon, the Software in whole or in part; (iii) distribute copies of the Software; (iv) remove any proprietary notices or labels on the Software; or (v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Software.

2. TITLE: You acknowledge that no title to the intellectual property in the Software is transferred to you. Title, ownership, rights, and intellectual property rights in and to the Software shall remain in Kalpataru Computers. The Software is protected by copyright and patent laws of the United States and international treaties.

3. UPDATES. From time to time, Kalpataru Computers may make available updates to the software. You may download and install or otherwise use those updates to the software that are released by Kalpataru Computers within one year of software registration date. All updates to the Software are governed by this Agreement, unless other license terms are provided with the update.

4. DISCLAIMER OF WARRANTY: The Software is provided to you at no, or minimal charge. YOU AGREE THAT KALPATARU COMPUTERS HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE PRODUCTS AND THAT THE PRODUCTS ARE BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. KALPATARU COMPUTERS DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. KALPATARU COMPUTERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFIT) ARISING FROM ANY CAUSE UNDER OR RELATED TO THIS AGREEMENT.

5. LIMITATION OF LIABILITY: You must assume the entire risk of using the program. IN NO EVENT SHALL KALPATARU COMPUTERS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE KALPATARU COMPUTERS SOFTWARE, EVEN IF KALPATARU COMPUTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL KALPATARU COMPUTERS` LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, PROVIDED, HOWEVER, IF THE RELEVANT PRODUCT WAS PROVIDED TO YOU AT NO CHARGE YOU AGREE KALPATARU COMPUTERS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW.

6. TERMINATION: This Agreement shall terminate automatically if you fail to comply with the limitations described in this Agreement, or if you do not renew any one (1) year license with Kalpataru Computers. No notice shall be required from Kalpataru Computers to effectuate such termination. Upon termination, except for failure to renew, you must uninstall and destroy all copies of the Software.

7. MISCELLANEOUS:
Severability: In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.

Export: You agree that you will not export or re-export the Software outside of the jurisdiction in which you obtained it without the appropriate Indian or foreign government licenses.

Governing Law: This Agreement will be governed by the laws of the Government of India as they are applied to agreements between Indian residents entered into and to be performed entirely within India. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.

Entire Agreement: You agree that this is the entire agreement between you and Kalpataru Computers, which supersedes any prior agreement, whether written or oral, and all other communications between Kalpataru Computers and you relating to the subject matter of this Agreement.

Reservation of rights: All rights not expressly granted in this Agreement are reserved by Kalpataru Computers.

Copyright (c) 2004 Kalpataru Computers, 10, Green Park, South Tukoganj, MP, 452001. All rights reserved. KCrtfCreator is a trademark of Kalpataru Computers.

http://www.kalpcom.com

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