1. Accepting the Terms
- To download or use the Software you must agree to the Terms. You may not use the Software if you do not accept the Terms.
- You agree that Kaavo is the sole and exclusive owner of the Kaavo IMOD Software
- You may not use the Kaavo IMOD and may not accept the Terms if
(a) you are not of legal age to form a binding contract with Kaavo, or
(b) you are a person barred from receiving the Software under the laws of the United States or other countries including the country in which you are resident or from which you are downloading or usnig the Software.
- Before you continue, you should print off or save a local copy of the Terms for your records.
2. Use of the Software by you
3. USE OF PROPRIETARY SOFTWARE
- Kaavo will be constantly innovating and making changes to the IMOD Software. You acknowledge and agree that the features of the Software may change from time to time without prior notice to you.
- Kaavo’s IMOD Software provides valued added service to various cloud providers. As a user of IMOD Software you agree to uphold the license / user agreements of the cloud providers to the extent it applies to your use of Kaavo’s IMOD Software.
- YOU UNDERSTAND THAT SOME OF THE CONTENT THAT WE MAKE AVAILABLE TO YOU THROUGH THE SOFTWARE COMES FROM 3RD PARTY WEB SERVICES. KAAVO HAS NO CONTROL OVER THE CONTENT, AND MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE FUNCTIONALIBILITY OF SUCH CONTENT. ALL SUCH CONTENT IS PROVIDED TO YOU “AS IS.” THIS CONTENT AND YOUR USE OF IT ARE SUBJECT TO CHANGE AND/OR REMOVAL AT ANY TIME.
- You agree that any registration information you give to Kaavo for using the Software will always be accurate, correct and up to date.
- You agree to use the Software only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
- Unless you have been specifically permitted to do so in a separate agreement with Kaavo, you agree that you will not reproduce, duplicate, copy, distribute, sell, trade or resell the Software in whole or in part for any purpose.
- You agree that you are solely responsible for (and that Kaavo has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Kaavo may suffer) of any such breach.
Subject to the terms and conditions of this Software Agreement, Kaavo grants you an individual, non-sublicensable, non-exclusive and non-transferable license (the "License") to use its proprietary software, in object code form only, and only in accordance with the applicable end user documentation, if any, and only in conjunction with this User Agreement. You will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software; or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software; use the software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels on the software. As between the parties, you acknowledge that Kaavo and its licensors retain ownership of all software, any portions or copies thereof, and all rights therein including the Kaavo Site, the Software, the Kaavo logo and trademarks (including, but not limited to, graphics, data, layout, "look and feel", inventions, patents, computer code, methods, and processes). Upon termination of this Agreement for any reason, this License will terminate and you will cease to use the software. THE SOFTWARE IS PROVIDED "AS IS" AND SUBJECT TO THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY FOUND IN THIS AGREEMENT.
4. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND KAAVO DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. KAAVO MAKES NO WARRANTY THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE WILL BE VIRUS FREE, OR ERROR FREE; NOR DOES KAAVO MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, THROUGH HYPERLINKS TO THE WEB SITES OF THIRD PARTIES OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF THE SOFTWARE AND INFORMATION RECEIVED USING THE SOFTWARE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA TRANSMITTED OR OBTAINED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH TRANSMISSIONS OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SOFTWARE OR THROUGH THE SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
5. LIMITATION OF LIABILITY
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT KAAVO, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
- ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED (INCLUDING NEGLIGENCE) AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
- ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
- ANY CHANGES WHICH KAAVO MAY MAKE TO THE SERVICES OR THE IMOD SOFTWARE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SOFTWARE (OR ANY FEATURES WITHIN THE SOFTWARE);
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SOFTWARE;
- YOUR FAILURE TO PROVIDE KAAVO WITH ACCURATE ACCOUNT INFORMATION;
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
6. Other content
- The Software may include hyperlinks to other web sites or content or resources. Kaavo may have no control over any web sites or resources which are provided by companies or persons other than Kaavo.
- You acknowledge and agree that Kaavo is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
7. Changes to the Terms
- Kaavo may make changes to the Terms from time to time. When these changes are made, Kaavo will make a new copy of the Terms available at the Kaavo website
- You understand and agree that if you use the Software after the date on which the Terms have changed, Kaavo will treat your use as acceptance of the updated Terms.
8. General legal terms
- You agree that Kaavo may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Kaavo website.
- You agree that if Kaavo does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Kaavo has the benefit of under any applicable law), this will not be taken to be a formal waiver of Kaavo’s rights and that those rights or remedies will still be available to Kaavo.
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
- You agree not to disclose to any third party, confidential information of Kaavo, or anyone with a business or employment relationship with Kaavo.
- The Terms, and your relationship with Kaavo under the Terms, shall be governed by the laws of the State of Delaware without regard to its conflict of laws provisions.