License Agreement

Visual Build™

License Agreement

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Kinook™ Software for the software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.

SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

1. GRANT OF LICENSE. This EULA grants you the following rights:

Software. Each license of the SOFTWARE PRODUCT may either be used by a single person who uses the SOFTWARE PRODUCT personally on one or more computers, or installed on a single computer used non-simultaneously by multiple people, but not both. This is not a concurrent use license.

If a Site License has been purchased, you may install the SOFTWARE PRODUCT on an unlimited number of computers at a single site. A site is defined as all company locations within a 20-mile radius. Site licenses do not cover subsidiary companies or customers of a company.

Storage/Network Use. You may also store or install a copy of the computer software portion of the SOFTWARE PRODUCT to allow your other computers to use the SOFTWARE PRODUCT over an internal network, and distribute the SOFTWARE PRODUCT to your other computers over an internal network. However, you must acquire a license for the SOFTWARE PRODUCT for each computer on which the SOFTWARE PRODUCT is used or to which it is distributed. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different computers.

Evaluation Use. You may use the evaluation version of the SOFTWARE PRODUCT for evaluation purposes without charge for a period of 30 days. If you use the SOFTWARE PRODUCT after the 30-day evaluation period, a license for the non-evaluation version must be purchased. When payment is received you will be sent a license key to enable the full functionality of the SOFTWARE PRODUCT.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.

Rental. You may not rent or lease the SOFTWARE PRODUCT.

Software Transfer. You may not transfer your rights under this EULA.

Termination. Without prejudice to any other rights, Kinook Software, Inc. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

3. COPYRIGHT.

All title and copyrights in and to the SOFTWARE PRODUCT, the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Kinook™ Software. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes.

4. EXPORT CONTROLS.

You agree to comply with all applicable U.S. export control laws and regulations, including without limitation, the laws and regulations administered by the United States Department of Commerce and the United States Department of State.

Disclaimer of Warranty

NO WARRANTIES.

Kinook™ Software expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non infringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.

NO LIABILITY FOR DAMAGES.

In no event shall Kinook™ Software be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if Kinook™ Software has been advised of the possibility of such damages.