PH Notes trial version

END-USER LICENSE AGREEMENT


IMPORTANT - READ CAREFULLY:
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single legal entity) and Kynot Technology Corp. ("KYNOT"). This EULA sets forth the terms and conditions under which you are licensed to use PH Notes trial version ("SOFTWARE").
The SOFTWARE may include associated media, printed materials, "online," or electronic documentation and Internet based services.

By installing, copying, accessing or otherwise using the SOFTWARE on any device, computer, simulator or emulator, you agree to be bound by the terms of this EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT INSTALL OR USE THIS SOFTWARE ON ANY DEVICE, COMPUTER, SIMULATOR OR EMULATOR AND YOU MUST RETURN, DESTROY OR DELETE ALL COPIES OF THIS SOFTWARE.



DISTRIBUTION

This SOFTWARE is distributed as trial software at no cost. KYNOT grants you a non-exclusive license to use the SOFTWARE.
You may purchase a release version of this product through different vendors.
You can obtain a list of current authorized vendors at: http://www.kynot.com/products.html
You may not distribute the SOFTWARE without express authorization of KYNOT. You may not copy the SOFTWARE other than for personal use.


USE OF SOFTWARE

You may install, use and run the SOFTWARE in only one (1) device, computer, simulator or emulator.


TRANSFER

You may not rent, lease, sublicense or lend the SOFTWARE. You may, however, transfer all your rights to use the SOFTWARE to another person or legal entity provided (1) that you transfer this EULA, the SOFTWARE and manual as originally supplied, to such person or entity, (2) that you uninstall the SOFTWARE from all systems in which it was installed on and you retain no copies, including copies stored on a computer, and (3) that the receiving party accepts the terms and conditions of this EULA.


LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY

You may not modify, translate, reverse engineer, decompile or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.


INTELLECTUAL PROPERTY RIGHTS

The SOFTWARE is owned by KYNOT. Structure, presentation, organization and source code of the SOFTWARE are intellectual property of KYNOT. This EULA does not grant you any intellectual property right. The SOFTWARE is licensed, not sold. The SOFTWARE is protected by the copyright laws and treaties of the United States. You may not remove any proprietary notices or labels on the SOFTWARE.


TERMINATION

Without prejudice to any other rights, KYNOT may cancel this EULA if you do not abide by the terms and conditions contained herein. In such event, you must return, destroy or delete all copies of the SOFTWARE.
     

EXPORT RESTRICTIONS

You acknowledge that the SOFTWARE is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the products, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. 


WARRANTY

The Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the SOFTWARE is borne by you. Should the SOFTWARE prove defective, you, and not KYNOT assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of the EULA. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.


LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL KYNOT OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL KYNOT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT KYNOT RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF KYNOT SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.


HIGH RISK ACTIVITIES

The SOFTWARE is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the design or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the SOFTWARE could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). KYNOT and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.


MISCELLANEOUS

If any provision of this EULA is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.

This EULA will be governed by the laws of the State of Florida, U.S.A. excluding the application of its conflicts of law rules. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
