Everyones Internet/EV1NET.ISO/mac/Programs/Kali/License

Text File | 1997-12-17 | 12.5 KB | 240 lines | [TEXT/ttxt]

YOU MUST BE AT LEAST 18 OR HAVE THE APPROVAL OF A PARENT OR
LEGAL GUARDIAN TO ACCEPT THIS LICENSE

KALI LICENSE AGREEMENT

1. Definitions.  The following definitions apply to the terms as
they appear in this License:
  "Kali" means Kali, Inc.
  "The Program" ("Program") means the computer programs and
documentation included in the file(s) or package.
  "Kali System" means the combination of client, server and
central tracker software that comprises the Kali network
gaming system.
  "Demo Mode" means a version of the Program in which a time
limit has been imposed.
  "Full Functionality Mode" means a version of The Program in
which all functions operate with no time limit.

2. Terms of License. The Program is licensed by Kali to you
subject to the terms of this Agreement. Kali grants you a
nonexclusive license to:
  Load and install the Program onto your computer's storage
device from the media provided in order to evaluate the
Program and test its compatibility with other products and/or
provide feedback to Kali.
  Obtain from Kali serial numbers to enable the purchased
portion of the Program to run in Full Funtionality Mode.
  Allow others to run Program in Demo Mode, unless or until
requested by Kali not to do so.

You are responsible for obtaining your own Internet access and
any related long distance charges (if any). Once serial numbers
have been obtained from Kali, the license to run the Program in
Full Functionality Mode may be assigned to an individual or a
computer, i.e, a single individual may use the Program in several
locations, or several persons may sequentially run the Program on
the same computer. You may not use the Program in a live
operating environment where it may be relied upon to perform in
the same manner as a commercially released product or with data
that has not been sufficiently backed up. You may not use the
Program for benchmarking or performance testing without express
consent from Kali.

3. Copyright and Other Restrictions
The Program is owned by Kali and is protected by the United
States copyright laws and international treaty provisions.  Kali
retains all rights not expressly granted. None of the components
of the Program (including the documentation) may be copied,
removed or altered, in whole or part, for any unauthorized use.

4. Rules of the Kali System.

To ensure an enjoyable experience for as many people as
possible, you agree to comply with generally accepted standards
of  proper online behavior.  Kali reserves the right to
determine, in its sole discretion, what constitutes generally
accepted standards of online behavior and may, without notice
and at any time, suspend or terminate your access to the Kali
System.  See the Kali Player Guidelines at
http://www.kali.net/js/software/guide.html for more details.

You may not engage in conduct or communication while using the
Kali System which is unlawful or which restricts or inhibits
any other user from using or enjoying the Kali System. You
agree to use the Kali System only for lawful purposes. Set
forth below are some common examples of impermissible conduct.
This list is not exhaustive.  Kali reserves the right, but does
not assume the responsibility, to restrict conduct which Kali
deems in its discretion to be harmful to individual users,
damaging to the communities which use the Kali System, or in
violation of Kali's or any third party's rights. You
acknowledge, however, that communication over the Kali System
and the Internet often occurs in real-time and Kali cannot, and
does not intend to, screen communication in advance.

5. Agreement.  This Agreement comprise the entire agreement
between Kali and you, and supersedes any prior agreements
between you and Kali with respect to the subject matter hereof
or thereof.   However, you are subject to any additional terms
and conditions of which you are notified and/or which may apply
when using third party content, software or Kali System. Kali
may revise this Agreement at any time, and such revision shall
be effective thirty (30) days after posting of the revised
Agreement at the Kali website on page
http://www.kali.net./js/register/enduser.html.  You agree to
review the Agreement periodically to become aware of such
revisions.  If any such revision is unacceptable to you, you
may terminate this license as provided below. Your continued
use of the Kali System following posting of the revised
Agreement on the Web Site shall be conclusively deemed to be
acceptance of all such revisions.  The term "User" in this
Agreement refers to any person or entity, including you, that
has entered into this Agreement with Kali.

6. User Information.
(a)  Serial numbers and Registration Codes.  Upon your
registration of the Program, you will be issued a serial number
and registration codes that will allow operation of the Program
in Full Functionality Mode. You are responsible for maintaining
the confidentiality of your registration codes and are liable
for any harm resulting from disclosing or allowing disclosure
of any registration codes or from use by any person of your
registration codes to gain access to the Kali System. At no
time should you respond to an online request for your
registration codes or files containing the registration codes.

(b)  User Names.  Upon your registration of the Program, you
must choose one or more User names to identify yourself to
other Users.  You may not select or use a User name already in
use, or a name which violates any third party's trademark
right, copyright, or other proprietary right, or which Kali
deems in its discretion to be vulgar or otherwise offensive.
Kali reserves the right to delete any vulgar or otherwise
offensive User name, or to require deletion thereof.

(c)  Former Users.  Users whose accounts have been terminated
by Kali may not access the Kali System in any manner or for any
reason without the express written permission of Kali.  Active
Users may not knowingly allow former Users who have been
terminated to use the active Users' accounts.

7. Disclaimer of Warranty. To the maximum extent allowed by
law, Kali, its licensees and subcontractors do not warrant any
connection to, transmission over, nor results or use of, any
network connection or facilities provided (or failed to be
provided) through the Kali System. User is responsible for
assessing its own computer and transmission network needs, and
the results to be obtained therefrom. YOU EXPRESSLY AGREE THAT
USE OF THE PROGRAM, ALL SOFTWARE DISTRIBUTED BY KALI, AND THE
INTERNET ARE AT YOUR SOLE RISK.  THE PROGRAM AND ALL SOFTWARE
DISTRIBUTED BY KALI ARE PROVIDED ON AN "AS IS," "AS AVAILABLE"
BASIS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF
EXCLUSION. KALI DISCLAIMS ALL WARRANTIES OR CONDITIONS, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTIESOR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND
THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, WITH
RESPECT TO THE KALI SYSTEM, ALL SOFTWARE DISTRIBUTED BY KALI,
AND THE INTERNET. KALI ASSUMES NO RESPONSIBILITY FOR ANY
DAMAGES SUFFERED BY THE USER, INCLUDING, BUT NOT LIMITED TO,
LOSS OF DATA FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN
TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY THE
NEGLIGENCE OF KALI, ITS LICENSORS AND SUBCONTRACTORS, OR USER'S
OWN ERRORS AND/OR OMISSIONS.

8. Limitation of Liability. YOU ACKNOWLEDGE THAT KALI SHALL NOT
ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY KALI OR ITS
OTHER LICENSEES WITH RESPECT TO CONDUCT, COMMUNICATION OR
CONTENT ON THE KALI SYSTEM.  KALI SHALL NOT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES
OR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN
CONNECTION WITH THE KALI SYSTEM OR WITH ANY OTHER PRODUCT OR
SERVICE PROVIDED BY KALI.  KALI'S ENTIRE LIABILITY AND YOUR
EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE KALI SYSTEM AND ALL
SOFTWARE DISTRIBUTED BY KALI SHALL BE THE REPLACEMENT OF ANY
SOFTWAREDEVELOPED BY OR FOR KALI WHICH IS FOUND TO BE
DEFECTIVE, USING MEDIA CHOSEN BY KALI. KALI'S LIABILITY TO YOU
FOR BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO THE
REGISTRATION FEE PAID BY YOU TO REGISTER THE PROGRAM AND ACCESS
THE KALI SYSTEM.  BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN
SUCH STATES KALI'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED
BY LAW.

9. Indemnification. Upon request of Kali, you agree to defend,
indemnify and hold harmless Kali, its affiliated companies,
licensees, and distributors from all liabilities, claims and
expenses, including attorneys' fees, arising from breach of
this Agreement by use of, or in connection with, the
transmission by or through your User access of any Content on
the Kali System. Kali reserves the right, at its own expense,
to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you hereunder, and in
such event, you shall have no further obligation to provide
indemnification for such matter.

10. Termination. Either you or Kali may terminate this
Agreement at any time. Your only right with respect to any
dissatisfaction with any Agreement term, or policy or practice
of Kali in operating the Kali System or change therein is to
terminate this Agreement by notifying Kali Support Staff of
your desire to terminate and confirming such request in writing
or electronically if requested. Your notice of termination will
be effective upon receipt by Kali, or upon receipt of
confirmation if confirmation is requested.

11. Third Party Products and Kali System.  Kali does not
endorse, warrant or guarantee any product or service offered
through the Kali System by any third party, will not be a party
to or in any way monitor any transaction between you and third-
party providers of products and will not bear any
responsibility for their products, policies or actions.

12. U.S. Government Restricted Rights
The Program and all accompanying written materials are provided
with RESTRICTED RIGHTS.  Use, duplication, or disclosure by the
Government is subject to restrictions as set forth in Restricted
Rights in Technical Data and Computer Software Clause at FAR
52.227-7013©(1)(ii) or FAR 52.227-19.

13. General Provisions.  You may not use, copy, modify,
sublicense, rent, sell, assign or transfer the license granted
pursuant to this Agreement except as expressly provided in this
Agreement.  Any assignment in violation of this Agreement is
void. If any provision of this Agreement is held to be
unenforceable for any reason, such provision shall be reformed
only to the extent necessary to make it enforceable, and such
decision shall not affect the enforceability; (i) of such
provision under other circumstances, or (ii) of the remaining
provisions hereof under all circumstances.  The paragraph
headings contained in this Agreement are for the purposes of
convenience only and are not intended to define or limit the
contents of said paragraphs. Kali and you are independent
contractors under this Agreement. Kali's failure to enforce at
any time any of the provisions of this Agreement shall in no way
be construed to be a present or future waiver of such provisions,
nor in any way affect the right of any party to enforce each and
every such provision thereafter.  The express waiver by Kali of
any provision, condition or requirement of this Agreement shall
not constitute a waiver of any future obligation to comply with
such provision, condition or requirement. Notwithstanding
anything else in this Agreement, no default, delay or failure to
perform on the part of Kali shall be considered a breach of this
Agreement if such default, delay or failure to perform is shown
to be due to causes beyond the reasonable control of Kali. If you
acquired this product in the United States, this Agreement is
governed by the laws of the State of Georgia (except for conflict
of law provisions). The application the United
Nations Convention of Contracts for the International Sale of
Goods is expressly excluded.

You acknowledge that you have read this Agreement, understand
it, and agree to be bound by its terms and conditions.  This
Agreement represents the complete and exclusive statement of
the agreements concerning the Program and supersedes all prior
agreements between the parties.  It may be amended only by a
writing executed by both parties.