Leo
Copyright (c) 2008 - 2016 Kryon Systems Ltd., All rights reserved.
END-USER LICENSE AGREEMENT
END USER LICENSE AGREEMENT FOR THE LEO SOFTWARE ("Software").
THESE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT
(THE "TERMS") CONSTITUTE THE COMPLETE AND EXCLUSIVE STATEMENT
OF THE AGREEMENT BETWEEN YOU AND KRYON SYSTEMS LTD., WHICH
SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN,
AND ANY OTHER COMMUNICATION RELATING TO THE SUBJECT MATTER
OF THESE TERMS.
YOU ASSUME ALL RESPONSIBILITY FOR THE SELECTION OF THE
SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE
INSTALLATION, USE AND RESULTS OBTAINED FROM THE SOFTWARE.
TERMS OF USE AGREEMENT
1. GRANT OF LICENSE. Subject to all provisions of these Terms, Kryon Systems
grants you a limited, personal, nonexclusive, nontransferable, non-sublicensable
license to use, only in binary executable form and script code form only, the
Software, for your internal use only. The Software may be used only on the
original personal computer on which it was installed.
2. CERTAIN LICENSE RESTRICTIONS. The Software shall be installed in
accordance with the instructions of Kryon Systems. Except as expressly and
unambiguously permitted by these Terms, you may not, nor permit anyone else
to, directly or indirectly: (i) commercially distribute, rent, lease, market,
sublicense, resell or otherwise transfer the Software, (ii) copy or modify the
Software either alone or in conjunction with any other product or program, (iii)
decompile, disassemble or reverse engineer all or any portion of the Software,
except and only to the extent that such activity is expressly permitted by applicable
law notwithstanding this limitation, (iv) remove any identification, including
copyright, trademark, patent or other notices, contained in or on the Software; or
(v) use the Kryon Systems name, logo or trademarks without prior written consent
from Kryon Systems. Any right not explicitly granted to you is reserved to Kryon
Systems or its licensors. You will not use the Software for any purpose that is
unlawful or prohibited by these Terms.
3. OWNERSHIP; COPYRIGHT PROTECTION. The Software is licensed, not
sold. As between the parties, all title, ownership rights, and intellectual property
rights (including all copyrights, patents, trade secret rights and trademarks) in and
to the Software, including all documentation, and to any reports which, among
other things, may summarize the performance of the Software and provide
recommendations for improving the Software's performance, shall remain in
Kryon Systems, its affiliates, or their respective suppliers and licensors. Your
possession, installation, or use of the Software does not transfer to you any title to
the intellectual property in the Software, and you will not acquire any rights to the
Software except as expressly set forth in these Terms. These Terms do not give
you any rights not expressly granted herein. You may not copy the Software
manual(s), on-line documentation, or any written materials accompanying the
Software. All title and intellectual property rights in and to the content, which
may be accessed through use of the Software, are the property of the respective
content owner and may be protected by applicable copyright or other intellectual
property laws and treaties. These Terms grant you no rights to use such content.
4. THIRD PARTY COMPONENTS. The Software is based on software which is
developed and owned by Kryon Systems and/or its licensors. The Software may
use or include third party software, files and components that are subject to open
source and third party license terms ("Third Party Components"). Your right to
use such Third Party Components as part of, or in connection with, the Software
is subject to any applicable acknowledgements and license terms accompanying
such Third Party Components, contained therein or related thereto. If there is a
conflict between the licensing terms of such Third Party Components and these
Terms, the licensing terms of the Third Party Components shall prevail in
connection with the related Third Party Components. Such Third Party
Components are provided on an “AS IS” basis without any warranty of any kind
and shall be subject to any and all limitations and conditions required by such
third parties. Under no circumstances shall the Software or any portion thereof
(except for the Third Party Components contained therein) be deemed to be "open
source" or "publicly available" software.
5. FEEDBACK DATA AND USER-GENERATED CONTENT. If you contact
Kryon Systems or its Partners and/or provide feedback data (e.g., questions,
comments, suggestions or the like) regarding the Software (collectively,
"Information"), such Information shall be deemed to be non-confidential, and
Kryon Systems shall have a non-exclusive, royalty-free, worldwide, perpetual,
sublicensable and transferable license to reproduce, distribute, prepare derivative
works of, display, perform and use any such Information in connection with the
Site and Kryon Systems’ (and its successors') business including to use or
incorporate such Information into the Software. You may include together with
the Information your email address so Kryon Systems’ team or its Partners’ teams
will be able to contact you regarding any feedback that you may have.
6. UPDATES. These Terms apply to downloading, installing and using the Software.
Kryon Systems may from time to time revise or update its Software. Such updates
and revisions will be supplied according to Kryon Systems’ then prevailing prices,
terms, conditions and policies, which may include automatic updating without any
additional notice to you.
7. TERM AND TERMINATION. These Terms shall continue until terminated as
set forth in this section. You may terminate these Terms at any time by removing
the Software from your system and destroying all copies of the Software and
documentation relating to the Software. Unauthorized copying of the Software or
otherwise failing to comply with these Terms will result in automatic immediate
termination of these Terms and will make available to Kryon Systems legal
remedies. Kryon Systems reserves the right to terminate these Terms and the
license granted hereunder at any time and without notice. Upon termination of
these Terms, the license granted herein will terminate and you: (i) will cease any
and all rights to use the Software, and (ii) will remove the Software from all hard
drives, networks and other storage media and destroy all copies of the Software
in your possession or under your control.
The provisions in the paragraphs labeled LICENSE RESTRICTIONS,
OWNERSHIP; COPYRIGHT PROTECTION, FEEDBACK DATA AND
USER-GENERATED
CONTENT,
TERM
AND
TERMINATION,
INDEMNITY, LIMITATION OF LIABILITY AND WARRANTY, PRIVACY
and MISCELLANEOUS will survive any termination of these Terms.
8. INDEMNITY. You agree that Kryon Systems shall have no liability whatsoever
for any use made of the Software by you or any third party. You hereby agree to
defend, indemnify and hold harmless Kryon systems and its affiliates and their
respective officers, directors, agents and employees from any and all claims,
damages, liabilities, costs, and expenses (including attorney's fees) arising from
claims related to your use of the Software as well as from your failure to comply
with these Terms.
9. LIMITATION OF LIABILITY AND WARRANTY. THE SOFTWARE IS
PROVIDED “AS IS”, AND KRYON SYSTEMS, ITS AFFILIATES,
SUBSIDIARIES AND ITS THIRD-PARTY LICENSORS DISCLAIM ANY
WARRANTIES REGARDING THE SECURITY, RELIABILITY,
TIMELINESS, AND PERFORMANCE OF THE SOFTWARE. KRYON
SYSTEMS DOES NOT WARRANT THAT THE SOFTWARE WILL
OPERATE ERROR-FREE, THAT THE SOFTWARE IS FREE OF
COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS OR
THAT KRYON SYSTEMS WILL CORRECT ANY ERRORS IN THE
SOFTWARE. KRYON SYSTEMS DISCLAIMS ANY AND ALL
RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT,
COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR
AVAILABILITY OF THE SOFTWARE.
KRYON SYSTEMS DOES NOT WARRANT, ENDORSE OR
GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS
RECOMMENDED OR WHICH IS ADVERTISED. KRYON SYSTEMS
DISCLAIMS ANY RESPONSIBILITY FOR INFORMATION DEEMED
INACCURATE OR INCOMPLETE. KRYON SYSTEMS DISCLAIMS
ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM
DOWNLOADING OR USING THE SOFTWARE. TO THE FULLEST
EXTENT PROVIDED BY LAW, THE SOFTWARE IS PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO
THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS
ASSUMED BY YOU. KRYON SYSTEMS, ITS AFFILIATES,
SUBSIDIARIES AND ITS THIRD-PARTY LICENSORS, IF ANY,
DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
WITH RESPECT TO THE SOFTWARE OR REPORTS. IN NO EVENT
SHALL KRYON SYSTEMS, ITS AFFILIATES, SUBSIDIARIES OR ITS
THIRD PARTY LICENSORS BE LIABLE FOR ANY DAMAGES
WHATSOEVER
(INCLUDING,
WITHOUT
LIMITATION,
CONSEQUENTIAL, INDIRECT, DIRECT, SPECIAL, PUNITIVE OR
INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION,
NON-INFRINGEMENT
OF
INTELLECTUAL
PROPERTY RIGHTS OR OTHER PECUNIARY LOSS) ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF
KRYON SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
IN ADDITION TO THE FOREGOING DISCLAIMERS AND
LIMITATIONS, UNLESS OTHERWISE STATED IN A SOFTWARE
LICENSE AGREEMENT BETWEEN YOU AND KRYON SYSTEMS,
KRYON SYSTEMS, ITS AFFILIATES, SUBSIDIARIES AND ITS THIRD
PARTY LICENSORS, IF ANY, SHALL HAVE NO LIABILITY TO YOU
FOR ANY DIRECT DAMAGES IN CONNECTION WITH THE
SOFTWARE OR ANY OTHER MATTER.
YOU AGREE TO THE ALLOCATION OF LIABILITY RISK WHICH IS
SET FORTH IN THIS SECTION.
10. GOVERNMENT USE. If you are part of an agency, department, or other entity
of the United States Government ("US Government"), the use, duplication,
reproduction, release, modification, disclosure or transfer of the Software is
restricted in accordance with the Federal Acquisition Regulations as applied to
civilian agencies and the Defense Federal Acquisition Regulation Supplement as
applied to military agencies. The Software is a "commercial item", "commercial
computer software" and "commercial computer software documentation". In
accordance with such provisions, any use of the Software by the US Government
shall be governed solely by these Terms.
11. EXPORT CONTROLS. You acknowledge that the Software may be subject to
international rules that govern the export of software. You agree to comply with
all applicable international and national laws that apply to the Software as well as
end-user, end-use and destination restrictions issued by the US Government and
other national governments.
12. PRIVACY. Kryon Systems is committed to respecting your privacy and the
confidentiality of your personal data. However, if you install the Software on your
computer, Kryon Systems and/or its Partners will be able to collect information
on performance and usage patterns of the Software on your computer.
13. DATA COLLECTION. The Software may collect and transfer to Kryon
Systems and/or its Partners certain information related to the operation of the
Software including, but not limited to, which scripts (also known as Leo Wizards)
were executed, whether the execution of a script ended successfully, failed or was
terminated by the user, the scripts' running time, the length of time it took to
perform a search and search terms. You agree to the collection and transfer to
Kryon Systems and/or its Partners of the information collected by the Software,
including the data listed in the first sentence of this paragraph. Title to, and all
rights in, such information shall belong to Kryon Systems.
14. MISCELLANEOUS. These Terms represent the complete agreement concerning
the Software between you and Kryon Systems and supersedes all prior agreements
and representations between you and Kryon Systems. Kryon systems reserves the
right to modify these Terms at any time upon notice to you or by publishing the
revisions on the www.HelpByLeo.com and/or www.Leo4Office.com. The revised
Terms shall become effective within ten (10) days of such publishing or provision
to you, whichever is the first to occur.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE
TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND
CONDITIONS SET FORTH HEREIN.
KRYON SYSTEMS
[__________________]
By:
By:
Print Name:
Print Name:
Title:
Title:
Date:
Date: