License Agreement

Kwikcontent ('the Software') is a copyrighted work of authorship and is also protected under applicable database laws. Kwikcontent.com retains ownership of the Software and any copies of it, regardless of the form in which the copies may exist. This license is not a sale of the original Software or any copies.

By installing and using Kwikcontent on your server, you agree to the following terms and conditions. Such agreement is either on your own behalf or on behalf of any corporate entity which employs you or which you represent ('Corporate Licensee'). In this Agreement, 'you' includes both the reader and any Corporate Licensee and 'KC' means Kwikcontent.com:

  • Kwikcontent license grants you the right to run (unlimited instances (unlimited installations) in the unlimited package) or (a single domain instance for the single domain package) of the Software on your web server(s) and web site(s).
  • The Software is licensed only to you. You may not rent, lease, sub-license, sell, assign, pledge, transfer or otherwise dispose of the Software in any form, on a temporary or permanent basis, without the prior written consent of KC. This includes the sale of any domain name where the Software is installed. This license will not transfer in the event that the domain where the Software is installed is sold or transferred to any person(s) other than you.
  • The license is effective indefinitely from the date you install the Software. You may terminate it at any time by uninstalling the Software and destroying any copies in any form.
  • You undertake to;
    • ensure that, prior to use of the Software by your employees or agents, all such parties are notified of the terms of this Agreement; and
    • hold all data (including object and source codes), software listings and all other information relating to the Software confidential and not at any time, during the period of the license or after its expiry, disclose the same whether directly or indirectly to any third party without KC's consent.
  • The Software source code may be altered (at your risk).
  • The Software may not be used for anything that would represent or is associated with an Intellectual Property violation, including, but not limited to, engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities.
  • If any of the terms of this Agreement are violated, KC reserves the right to revoke the license at any time.
  • Refunds will be given at the discretion of KC.

Disclaimer of Warranty

The software and the accompanying files are sold "As Is" and without warranties as to performance of merchantability or any other warrantied whether expressed or implied.

KC cannot be held responsible and accepts no liability for any failure in transmission by you and where for whatever reason your transmission is corrupted fails to arrive or arrives after an undue delay or is received in an unintelligible form.

You must assume the entire risk of using the program. ANY LIABILITY OF KC WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.

Except in respect of personal injury or death caused directly by the negligence of KC, in no event will KC be liable to you for any damages, including any lost profits, lost savings, loss of data or any indirect, special, incidental or consequential damages arising out of the use of or inability to use such Software, even if KC has been advised of the possibility of such damages. Nothing in this Agreement limits liability for fraudulent misrepresentation.

This license gives you specific legal rights and the you may have other rights that vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the above limitations and exclusions may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the above limitations and exclusions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. If any part of the above limitations or exclusions is held to be void of unenforceable, such part shall be deemed to be deleted from this agreement and the remainder of the limitation or exclusion shall continue in full force and effect. Any rights that you may have as a consumer (i.e. a purchaser for private as opposed to business, academic or government use) are not affected.

General

From time to time, KC may inspect your registration integrity. This will be done by collecting keyword update variables, your license number, your name, and the domain on which the Software is run. Should KC discover discrepancies in the software usage, be aware that you may lose your license and may face legal actions for Software Piracy. Your information will not be shared with 3rd parties. Occasionally, it is necessary to record your IP address for security and performance monitoring.

This Agreement constitutes the complete statement of the agreement between you and KC, and supercedes all representations, understandings or prior agreements between you and KC.

KC reserves the right to modify these terms at any time.

This Agreement is governed by the laws of State of Illinios, United States.

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