End-User License Agreement
This End-User License Agreement (EULA) is a legal agreement between the Purchaser (either an individual or a single entity) and KbPort LLC for the KbPort 6 App that accompanies the EULA. THE PURCHASER AGREES TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR USING THE KBPORT 6 APP. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE KbPort 6 App.
1. GRANT OF LICENSE. KbPort LLC grants the Purchaser the following rights provided that the Purchaser complies with all terms and conditions of this EULA:
A. Installation and use:
(1). Purchaser may install and use the KbPort 6 App on any Client PC.
(2). License Grant of use for Media. The Purchaser may copy and modify media, including screen shots or images from the KbPort 6 App, and display and distribute them, including posting to the Purchaser’s websites, but the Purchaser is not granted any of the following:
(i). The Purchaser may not distribute any media that express any endorsement or association with any product, service, or activity associated with KbPort LLC without expressed written permission;
(ii). The Purchaser may not create obscene or scandalous works, as defined by federal law at the time the work is created, using the KbPort 6 App. In addition, the Purchaser must (a) indemnify and defend KbPort LLC and suppliers from and against any claims or lawsuits, including attorneys’ fees that arise from or result from the licensing, use of distribution of media scenarios as modified by the Purchaser.
(3). License Grant for Documentation – Direction for Use (DFU). The documentation that accompanies the KbPort 6 App is for internal, non-commercial reference purposes only.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
A. Mandatory Activation. THERE ARE TECHNICAL MEASURES IN THE KBPORT 6 APP THAT ARE DESIGNED TO PREVENT THE USE OF THIS KBPORT 6 APP OTHER THAN FOR WHAT IT WAS DESIGNED. The Purchaser may need to reactivate the KbPort 6 App if the Purchaser modifies the Purchaser’s computer hardware. In doing so, the Purchaser may cause unforeseen problems related with the functionality of the KbPort 6 App. KbPort LLC will not be responsible for any KbPort 6 App problems associated with this action.
B. Network. The Purchaser’s Intranet is the sole responsibility of the Purchaser. Issues related to connectivity or other network-related matters are not the responsibility of KbPort. Consult the Purchaser’s IT Department for support.
3. RESERVATIONS OF RIGHTS AND OWNERSHIP. KbPort LLC reserves all rights not expressly granted to the Purchaser in this EULA.
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. The Purchaser may not reverse engineer, de-compile, or disassemble the KbPort 6 App, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5. CONSENT TO USE OF DATA. The Purchaser agrees that KbPort LLC may collect and use technical information gathered via remote access (e.g. LOGMEIN.COM or similar service) as part of the product support services provided to the Purchaser, if any, related to the KbPort 6 App. KbPort LLC may use this information solely to improve our product or to provide customized services or technologies to the Purchaser and will not disclose this information in a form that personally identifies the Purchaser.
6. LINKS TO THIRD PARTY SITES. KbPort LLC is not responsible for the contents of any third-party sites, or services, or any changes or updates to third-party sites, equipment, software, or services.
7. EXPORT. Purchaser shall comply with all export or re-export restrictions and regulations imposed by the government of the United States. Without limiting the generality of the foregoing and regardless of any disclosure made by or to Kb Port, its Distributors or Licensors of an ultimate destination of the KbPort 6 App, Purchaser shall not re-export or transfer, whether directly or indirectly, the KbPort 6 App or any system containing such KbPort 6 App, to anyone outside the United States of America without first obtaining a license from the U. S. Department of Commerce or any other agency or department of the United States Government, if and as required. Purchaser is solely responsible for determining whether such license is required and for complying with any applicable regulations.
8. ADDITIONAL KBPORT 6 APP/SERVICES. This EULA applies to updates, supplements, add-on components of the KbPort 6 App that KbPort LLC may provide to the Purchaser or make available to the Purchaser after the date the Purchaser obtains your initial copy of the KbPort 6 App, unless they are accompanied by separate terms.
9. SOFTWARE TRANSFER. The Purchaser may not transfer the KbPort 6 App to any third party for any reason.
10. TERMINATION. Without prejudice to any other rights, KbPort LLC may terminate this EULA if Purchaser fails to comply with the terms and conditions of this EULA. In such event, Purchaser must destroy all copies of the KbPort 6 App and all of its component parts.
11. DISCLAIMER OF WARRANTY FOR SOFTWARE.
A. KbPort LLC disclaims all warranties for the KbPort 6 App. Purchaser agrees and acknowledges that the KbPort 6 App is in the Alpha testing stage and that KbPort specifically does not warrant it to be free of defect.
B. LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. THE PURCHASER IS NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, RELATED TO THE INSTALLATION OR USE OF THE KBPORT 6 APP.
12. DISCLAIMER OF WARRANTIES. KbPort LLC and its suppliers provide the KbPort 6 App and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the KbPort 6 App, and the provision of or failure to provide support or other services, information, software, and related content through the KbPort 6 App or otherwise arising out of the use of the Software.
13. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KBPORT LLC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR DAMAGE TO CLIENT COMPUTERS OR OTHER HARDWARE, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE KBPORT 6 APP SYSTEM, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE KBPORT 6 APP OR OTHERWISE ARISING OUT OF THE USE OF THE KBPORT 6 APP, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF KB PORT LLC OR ANY SUPPLIER, AND EVEN IF KBPORT LLC OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. APPLICABLE LAW. This EULA is governed by the laws of the Commonwealth of Pennsylvania, without giving effect to its choice of law rules. The parties agree that jurisdiction and venue over any claims arising in any way from this EULA shall be brought and maintained only in the Court of Common Pleas of Allegheny County, Pennsylvania, or the United States District Court for the Western District of Pennsylvania.
15. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the KbPort 6 App) is the entire agreement between the Purchaser and KbPort LLC relating to the KbPort 6 App and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the KbPort 6 App or any other subject matter covered by this EULA. To the extent the terms of any KbPort LLC policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.