The NKD
Group, Inc. "WinORS”,
“WinORSfx”,
“WinORSe-AI” Software
License Agreement (effective date:
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE
DOWNLOADING AND INSTALLING WINORS. BY DOWNLOADING AND INSTALLING THE SOFTWARE YOU ARE CONSENTING TO BE BOUND BY ALL OF
THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY
ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, CLICK ON THE "DO NOT ACCEPT" BUTTON AND DO NOT INSTALL WinORS OR THE e-BOOK SOFTWARE.
1. Use of Product and Software License. NKD Group, Inc. grants to you a limited, personal, non-sub
licensable, nontransferable, nonexclusive license to use the currently posted
or distributed version of the NKD Group, Inc. WinORS software (the "Software"), in binary
executable form. You agree not to reproduce or modify the Software or any
portion thereof, other than is absolutely necessary to operate the Software on
a single CPU. You agree not to rent, sell, lease, or otherwise transfer the Software
or any part thereof. You agree not to copy, reverse assemble, reverse compile
or reverse engineer the Software, or otherwise attempt to discover any Software
source code or underlying Proprietary Information (as that term is defined
below). You will not download, remove or export the Software or any
Proprietary Information from the United States except in full compliance with
all United States and other applicable laws and regulations.
2. Ownership. Title to and ownership of the Software
(including any and all intellectual property rights in the Software),
Proprietary Information and all copies of the Software and/or
Proprietary Information shall be and at all times remain with NKD Group,
Inc. and its suppliers. . The
Software copyright laws of the
3. Nondisclosure. You acknowledge that, in the course of using the
download version of the Software pursuant to this Agreement, you may obtain
information relating to the Software and/or to NKD Group, Inc.
("Proprietary Information"). Such Proprietary Information shall
belong solely to NKD Group, Inc.. Proprietary Information shall not include
information that is or becomes publicly known through no wrongful act of you or
other licensees of the Software. You shall not disclose Proprietary Information
to third parties without the written consent of NKD Group, Inc., and
agree to undertake reasonable measures to maintain the Proprietary Information
in confidence.
4. Warranty Disclaimer. THE PARTIES ACKNOWLEDGE THAT THE SOFTWARE IS
EXPERIMENTAL IN NATURE AND THAT THE SOFTWARE IS PROVIDED "AS
IS" AND MAY NOT BE FUNCTIONAL ON ANY MACHINE OR IN ANY ENVIRONMENT. NKD
Group, Inc. MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF
THE SOFTWARE OR ANY CONTENT OR INFORMATION ACCESSIBLE BY OR USED WITH
THE SOFTWARE. NKD Group, Inc. DISCLAIMS ALL WARRANTIES RELATING
TO THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY
WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. THIS
LICENSE DOES NOT GRANT YOU ANY RIGHT TO ANY ENHANCEMENT OR UPDATE.
5. Third-Party Sites. The NKD Group, Inc. Web Site
and software downloaded from its web site may contain links to other Web Sites
("Linked Sites"). The Linked Sites are not under the control of The
NKD Group, Inc. and
The NKD Group, Inc. is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. The NKD Group, Inc. is not
responsible for webcasting or any other form of transmission received from any
Linked Site. The NKD Group, Inc. is providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by The NKD Group, Inc. of the site or any
association with its operators.
6.
Communication Links:
The NKD Group, Inc. software and web Sites may contain
bulletin board services, chat areas, news groups, forums, communities, personal
web pages, calendars, and/or other message or communication facilities designed
to enable you to communicate with the public at large or with a group
(collectively, "Communication Services"), you agree to use the Communication
Services only to post, send and receive messages and material that are proper
and related to the particular Communication Service. By way of example, and not
as a limitation, you agree that when using a Communication Service, you will
not:
·
Defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as rights of privacy and publicity) of
others.
·
Publish, post, upload, distribute or
disseminate any inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful topic, name, material or information.
·
Upload
files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents.
·
Upload
files that contain viruses, corrupted files, or any other similar software or
programs that may damage the operation of another's computer.
·
Advertise
or offer to sell or buy any goods or services for any business purpose, unless
such Communication Service specifically allows such messages.
·
Conduct
or forward surveys, contests, pyramid schemes or chain letters.
·
Download
any file posted by another user of a Communication Service that you know, or
reasonably should know, cannot be legally distributed in such manner.
·
Falsify
or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material
contained in a file that is uploaded.
·
Restrict
or inhibit any other user from using and enjoying the Communication Services.
·
Violate
any code of conduct or other guidelines that may be applicable for any
particular Communication Service.
·
Harvest
or otherwise collect information about others, including e-mail addresses,
without their consent.
·
Violate
any applicable laws or regulations.
The NKD Group, Inc., has
no obligation to monitor the Communication Services. However, The NKD Group, Inc. reserves the right to
review materials posted to a Communication Service and to remove any materials
in its sole discretion. The NKD Group, Inc. reserves
the right to terminate your access to any or all of the Communication Services
at any time without notice for any reason whatsoever.
The NKD Group, Inc. reserves
the right at all times to disclose any information as necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole or in part,
in The NKD Group, Inc.'s sole discretion.
Always
use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. The NKD Group, Inc. does not control or
endorse the content, messages or information found in any Communication Service
and, therefore, The NKD Group, Inc. specifically
disclaims any liability with regard to the Communication Services and any
actions resulting from your participation in any Communication Service. Managers,
student employees of The NKD Group, Inc. and
other hosts are not authorized spokespersons of The NKD Group, Inc., and their views do not necessarily reflect those of The NKD Group, Inc.
7.
Stock Quotes, Stock Option Quotes, Futures Quotes, Futures Options
Quotes, and Economic Data (collectively referred to as "Active Data"): MSN MoneyCentral,
Yahoo, Stockmaster, CBS Market Watch, Optionetics, FINRA, EconoMagic
and other unnamed Internet sites supply "Active Data" appearing on The NKD Group, Inc. site
or in Software produced by The NKD Group, Inc. Unless otherwise indicated, stock quotes are
delayed at least 20 minutes (NASDAQ stock quotes are delayed at least 15
minutes). Stock quotes indicated as "real-time quotes" are made
available without delay following their receipt from a data supplier. Your
actual receipt of real-time quotes may be affected by delays in transmission
over the Internet, and by other causes. All stock quotes are labeled with
"time of last trade" to indicate the timeliness of the data.
Stock
quotes are believed to be accurate and timely (subject to the aforementioned
delays), but The NKD Group, Inc. and
its suppliers do not warrant or guarantee such accuracy or timeliness. You
should always consult a stock broker or other authorized financial advisor or
representative to establish actual stock prices before making any stock trades
or other financial decisions. The NKD Group,
Inc. and its suppliers do not authorize the use of stock quote
information for any purpose other than your personal use, and prohibit to the
maximum extent allowable the resale, redistribution, and use of this
information for commercial purposes.
8. Limitation of Remedies and Damages. NKD Group, Inc. SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR
OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY
ARISING OUT OF OR RELATING IN ANY WAY TO THE SOFTWARE, USE OF THE SOFTWARE OR
ANY OTHER SUBJECT MATTER OF THIS AGREEMENT.
9. Indemnification. You shall indemnify, defend and hold harmless NKD Group, Inc.
against any and all claims, damages, costs or other expenses that arise
directly or indirectly out of or from (a) your breach of this Agreement or (b)
your use or operation of the Software.
10. Non-assignability. Neither your rights nor your obligations arising
under this Agreement are assignable or transferable by you, and any such
attempted assignment or transfer shall be void and without effect.
11. Applicable Law and Forum. This Agreement shall be governed by and construed
in accordance with the laws of the State of
12. Entire Agreement. This Agreement constitutes the entire agreement between the parties
hereto pertaining to the subject matter hereof, and any and all written or oral
agreements heretofore existing between the parties hereto are expressly
canceled. Any modifications of this Agreement must be in writing and signed by
both parties hereto, except that NKD Group, Inc. may modify the terms of
this Agreement by sending notice to you via e-mail (at the most current e-mail
address for you of file with The NKD Group, Inc.) fourteen (14)
days in advance of the date on which such modification takes effect.
13. Equitable Relief. Customer acknowledges and agrees that due to the
unique nature of the Software and Proprietary Information, there can be
no adequate remedy at law for any breach of its obligations hereunder, that any
such breach may allow you or third parties to unfairly compete with NKD
Group, Inc. resulting in irreparable harm to NKD Group, Inc., and
therefore, that upon any such breach or threat thereof, NKD Group, Inc.
shall be entitled to injunctions and other appropriate equitable relief in
addition to whatever remedies it may have at law.
14. Termination. NKD Group, Inc. may terminate this Agreement at any time for any
reason or for no reason by delivering notice to you by e-mail (to the most
current e-mail address for you listed on file with The NKD Group,
Inc.) of such termination. You may terminate this Agreement at any time by
destroying or erasing your copy of the Software. Upon expiration or
termination of this Agreement, you agree to destroy or erase the Software
and any Proprietary Information. The following provisions shall survive
expiration or termination of this Agreement: Sections 2, 3, 4, 5, 6, 7, 8, 9,
10, 11, 12, 13, and 14.