BY USING OR PURCHASING KETTIC SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
1. TERMS AND DEFINITIONS
(a) "Agreement" shall mean KETTIC SOFTWARE LICENSE AGREEMENT.
(b) "Software" shall mean any and all computer programs developed or provided by Kettic, including but not limited to, applicable programs, components, source code, modules, corresponding documentation, updates, upgrades, or modifications thereto.
(c) "You" or "you" shall mean the individual, either a person or a single entity, such as company or organization, using, implementing, downloading, or installing the underlying Software. "we" or "us" means Kettic, Inc., a Massachusetts corporation, and "both of us" means both you and us.
(d) "Developer" shall mean an individual who has a primary job function of developing software applications.
2. LICENSE GRANT
In consideration for the license fee paid, and other good and valuable considerations, Kettic grants you only, unless otherwise limited by the license purchased or granted, the nonexclusive, nontransferable, perpetual, world-wide right to use the Software in accordance with this Agreement and the license defined herein that you purchase. If you are installing, accessing or using this Software for your employer, this Agreement also includes your employer. You may only use the Software according to the license purchased or granted by Kettic.
To meet different needs, Kettic offers several royalty-free license types. Among them, Evaluation License is granted to you by this Agreement and not purchased.
The licensed version(s) of the Software in the package are royalty free for use in compiled desktop application(s) only. You agree that you are licensing the Software for its end use only and not for resale or redistribution. Such activities may be performed only by Kettic authorized resellers. The redistribution restriction does not apply to the evaluation version of the Software.
3. PRIORITY SUPPORT AND UPGRADE SUBSCRIPTION
All Kettic licensed Software come with 1-Year Free Priority Support Free Software Upgrade from the date of purchase. When the Priority Support is active, you may contact Kettic via email. Priority Support and Software Upgrade will be also available beyond 1-Year if the Software Renewal & Update Subscription is purchased. Support may be provided to the appropriate individual that (a) purchased required Software License; (b) is integrating the Software; (c) a Developer or the end user who has a separate License for the Software.
If the Software Renewal & Update Subscription expires, you should renew it.
Kettic guarantees 45 days of refund. All refunds must be requested and confirmed within 45 days from the purchase. For more details of the refund process, please see Refund page from the tab above or you may contact us
5. COPYRIGHT AND LIMITATIONS
By downloading, installing, using, or implementing this Software, you acknowledge Kettic's copyright in the underlying software and code. The Software and the accompanying materials are licensed, not sold, to you. Kettic maintains ownership of all copyright interests in the Software, including any derivative works based upon the Software, and excluding any application bundled with the Software by you in accordance with this Agreement.
You may not rent, lease, display or distribute copies of the Software to others except under the conditions of this Agreement. Unauthorized copying of the Software or accompanying materials even if modified, merged, or included with other software, or of the written materials, is expressly forbidden.
You may be held legally responsible for any infringement of intellectual property rights that is caused or encouraged by your failure to abide by the terms of this Agreement.
You may make copies of the Software as needed for development and use provided that the number of copies made does not exceed the number of developers or users allowed by the License purchased. You may also make a reasonable number of archival copies of the Software for backup and recovery purposes and may temporarily use the backup copy, including but not limited to during emergency situations, disaster recovery, or disaster recovery tests. In any case, when a copy is created, any copyright notices included in the Software must be reproduced in their entirety on the copy.
You agree to be identified as a customer of ours and agree that we may refer to you by name, trade name and trademark, if applicable, and may briefly describe your business in our marketing materials and website. You hereby grant us a license to your name and any of your trade names and trademarks solely in connection with the rights granted to us pursuant to this section.
7. INDEMNIFICATION BY YOU
If you distribute Software in violation of this Agreement, you agree to indemnify, hold harmless and defend Kettic and our suppliers from and against any claims or lawsuits, including attorney's fees that arise or result from the use or distribution of Software in violation of this Agreement.
8. NO WARRANTY
Any use of the Software by you is at your own risk. The Software is provided for use "AS IS" without warranty of any kind. To the maximum extent permitted by law, Kettic disclaims all warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, performance results and noninfringement. The entire risk as to the quality and performance of the Software is with you. Kettic is not obligated to provide any updates to the Software.
9. NO LIABILITY FOR DAMAGES
To the maximum extent permitted by applicable law, in no event shall Kettic of its suppliers of resellers 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 software of the provision of or failure to provide support services, even if Kettic has been advised of the possibility of such damages.
10. ASSIGNMENT AND EFFECT
This Agreement shall inure to the benefit of and be binding upon both Kettic and You, as well as your employees, employers, agents, parents, subsidiaries, representatives, licensees, and assigns.
11. AGREEMENT MODIFICATION
This Agreement constitutes the complete and exclusive agreement between you and Kettic with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This Agreement may not be modified except in writing signed by authorized representatives of you and Kettic.
If any provisions are held void, invalid, unenforceable or illegal, the remaining terms and conditions shall remain valid and enforceable.