Use of Kisekae UltraKiss is subject to license terms. WSM, WSM Information Systems and the Kisekae UltraKiss Logo are trademarks or registered trademarks of William Miles.
DOCUMENTATION IS PROVIDED "AS IS" AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
1. LICENSE TO USE. William Miles grants you a non-exclusive and non-transferable license for the use only of the accompanying software and documentation.
2. RESTRICTIONS. Software is copyrighted. Title to all associated intellectual property rights is retained by William Miles. You acknowledge that the Software is being used purely for non-commercial purposes and that William Miles disclaims any express or implied warranty of fitness for any other use. No right, title or interest in or to any trademark, service mark, logo or trade name of William Miles is granted under this Agreement.
3. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
4. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WILLIAM MILES. BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF WILLIAM MILES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will William Miles' liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
5. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from William Miles. if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of Software.
6. SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
7. INTEGRATION. This Agreement is the entire agreement between you and William Miles relating to its subject matter. It supersedes all prior oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
For inquiries please contact: William Miles, 144 Oakmount Rd. SW,
Calgary, Alberta, Canada T2V 4X4
Kisekae UltraKiss and UltraKiss are trademarks of William Miles. |