label:KETTLE
KETTLE Portfolio Agreement.History:
Version 2.0 - September 2001.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.
1. AGREEMENT. The software and any media accompanyinsiten disk, in read only memory, on any other media or in any other form (the "KETTLE") are licensed, not sold, to you by label:KETTLE or its local subsidiary. YOU DO NOT OWN THE MEDIA on which the KETTLE is recorded but label:KETTLE and/or KETTLE's licensor(s) retain title to this Software. The KETTLE Portfolio Software and any copies made and/or distributed under this Agreement are subject to this Agreement.
2. Permitted Uses and Restrictions. This Agreement allows you to use the KETTLE Software on a single computer at a time. This Agreement does not allow the Apple Software to exist on more than one computer at a time. You may NOT make one copy of the KETTLE Software in machine-readable form for backup purposes. You may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, create derivative works from the KETTLE Software or transmit the KETTLE Software over a network. You may, however, transfer your rights under this Agreement provided you transfer the related documentation, this Agreement and the KETTLE Software to a party who agrees to accept the terms of this Agreement. Your rights under this Agreement will terminate automatically without notice from KETTLE if you fail to comply with any term(s) of this Agreement.
3. Disclaimer of Warranty on KETTLE Software. You expressly acknowledge and agree that use of the KETTLE Software is at your sole risk. The KETTLE Software is provided "AS IS" and without warranty of any kind and label:KETTLE and KETTLE's licensor(s) (for the purposes of provisions 3 and 4, label:KETTLE and KETTLE's licensor(s) shall be collectively referred to as "KETTLE") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE NONINFRINGEMENT OF THIRD PARTY RIGHTS. KETTLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE KETTLE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE KETTLE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE KETTLE SOFTWARE WILL BE CORRECTED. FURTHERMORE, KETTLE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE KETTLE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KETTLE OR AN KETTLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE KETTLE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT KETTLE OR AN KETTLE AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING KETTLE PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY KETTLE'S NEGLIGENCE.
4. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL KETTLE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU.
5. Export Law Assurances. You may not use or otherwise export or reexport the KETTLE Software.
6. Controlling Law and Severability. If there is a local subsidiary of KETTLE in the country in which the KETTLE Software Agreement was obtained, then the local law in which the subsidiary sits shall govern this License. Otherwise, this Agreement shall be governed by the laws of Australia and the State of Queensland. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
7. Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to the use of the KETTLE Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by KETTLE.