END USER LICENSE AGREEMENT FOR KENNEL KEEPER
IMPORTANT - PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY
This End User License Agreement ("EULA") is a legal agreement ("Agreement") between you (either an individual or a single entity) and CreaturaSoft Inc. ("CreaturaSoft") for the CreaturaSoft software product identified above which include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the SOFTWARE PRODUCT between you and CreaturaSoft, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE
The SOFTWARE PRODUCT is licensed as follows: (a) Installation and Use. CreaturaSoft grants you a personal, non-transferable and non-exclusive right to use the SOFTWARE PRODUCT on one computer at any given time. (b) Backup Copies. You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
(a) Maintenance of Copyright Notices. You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT. (b) Distribution. You may not distribute registered copies, including license files, of the SOFTWARE PRODUCT to third parties. Evaluation versions available for download from CreaturaSoft's websites may be freely distributed. (c) Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. (d) Derivative Works You may not create derivative works based on the SOFTWARE PRODUCT. (e) Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT. (f) Support Services. CreaturaSoft may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. (g) Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT. (h) Non-commercial Use You may only use the SOFTWARE PRODUCT for your private, non-commercial use. You may not use the Software in any way to provide, or as part of, any commercial service or application. (i) Evaluation Version If the SOFTWARE PRODUCT is an evaluation version, then the SOFTWARE PRODUCT may contain limited functionality. You may not circumvent any such limitation. Your use of an evaluation is at your own risk.
Without prejudice to any other rights, CreaturaSoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.
4. BETA RELEASE VERSIONS
In the event that the SOFTWARE PRODUCT is a Beta Release Version, the terms of this section shall apply. Your license to use the SOFTWARE PRODUCT expires 120 days after installation (or such other period as indicated by the SOFTWARE PRODUCT) and the SOFTWARE PRODUT may cease to function. The SOFTWARE PRODUCT may contain more or lease features than the commercial release of the SOFTWARE PRODUCT that CreaturaSoft intends to distribute. While CreaturaSoft intends to distribute a commercial release of the SOFTWARE PRODUCT, CreaturaSoft reserves the right at any time not to distribute a commercial release of the SOFTWARE PRODUCT or, if distributed, to alter features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release. You agree that the Beta Release Versions are not suitable for production use and may contain bgus, errors and other problems that could cause system or other failures and data loss. You agree that you will not do anything to circumvent or defeat the features designed to stop the SOFTWARE PRODUCT from operating after the license expires.
5. AUTOMATIC COMMUNICATION
a) Update Checking The SOFTWARE PRODUCT may automatically communicate with CreaturaSoft servers to check for updates to the SOFTWARE PRODUCT, such as bug fixes, patches, enhanced functions and new versions. If you decide to update, you agree that CreaturaSoft may download and install these updates as part of the SOFTWARE PRODUCT. All such updates to the SOFTWARE PRODUCT are governed by this Agreement, unless other license terms are provided with the update. No personally identifiable information is transmitted to CreaturaSoft during this process. b) Publishing Content The SOFTWARE PRODUCT contains functionality to publish content to the internet. This process does not send any personally identifiable information about you other than what may be present in the content itself.
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by CreaturaSoft or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by CreaturaSoft.
7. NO WARRANTIES
CreaturaSoft expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided "AS IS" without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. CreaturaSoft does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. CreaturaSoft makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. CreaturaSoft further expressly disclaims any warranty or representation to Authorized Users or to any third party. Neither CreaturaSoft nor its suppliers warrant that the SOFTWARE PRODUCT will meet your requirements or that the operation of the SOFTWARE PRODUCT will be uninterrupted or error-free. CreaturaSoft is not obligated to provide any updates to the SOFTWARE PRODUCT.
8. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall CreaturaSoft be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of Authorized Users' use of or inability to use the SOFTWARE PRODUCT, even if CreaturaSoft has been advised of the possibility of such damages. In no event will CreaturaSoft be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. CreaturaSoft shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
THE ENTIRE LIABILITY OF CREATURASOFT AND YOUR EXCLUSIVE REMEDY UNDER THIS EULA IS, AT THE OPTION OF CREATURASOFT, CORRECTING OR WORKING AROUND ERRORS, REPLACING THE MEDIA, OR REFUNDING THE PURCHASE PRICE. IN NO EVENT SHALL CREATURASOFT'S ENTIRE LIABILITY UNDER THIS EULA EXCEED THE PURCHASE PRICE (IF ANY) OF THE SOFTWARE PRODUCT.
9. INDEMNIFICATION BY YOU
If you distribute the SOFTWARE PRODUCT in violation of this Agreement, you agree to idemnify, hold harmless and defend CreaturaSoft and its suppliers from and against any claims or lawsuits, including attorney's fees that arise or result from the use or distribution of the SOFTWARE PRODUCT in violation of this Agreement.
10. DUTY TO BACKUP
It is YOUR responsibility to maintain an archival copy of the SOFTWARE PRODUCT and to perform periodic backups of all data and programs used in conjunction with the SOFTWARE PRODUCT to prevent loss.
This EULA is governed by the laws of the Province of Ontario, Canada, and jurisdiction for any action based on the SOFTWARE PRODUCT shall lie in a court located in Ontario. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of the EULA, which shall remain valid and enforceable according to its terms.