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You should carefully read the following terms and conditions before using this software. Your use of this software indicates your acceptance of this License Agreement and warranty.
Summary: You may use this software on any of your computers, but please do not resell or redistribute it.
You may modify this software, but please do not resell or distribute the derived software.
This software is Copyright © 2010 Owen Technologies Limited. This software is licensed and NOT sold.
Unauthorized reproduction, distribution or preparation of derivative works is strictly prohibited.
If you received a copy of this software from any person or entity other than Owen Technologies Limited or its authorised resellers, you have done so without permission of the copyright holder (Owen Technologies Limited).
DEFINITIONS
The following definitions shall apply in this document:
"Owen Technologies" or "OwenTech": Owen Technologies Limited, a private limited company incorporated in Kenya.
LICENSE GRANT
In return for your payment of the applicable license fees for this software from Owen Technologies (or from Plimus who sell this product on behalf of Owen Technologies), OwenTech grants you a worldwide, non-exclusive, non-transferable, royalty-free license to use, install and operate this software on your web sites, subject to you agreeing to the terms granted in this agreement.
1. You may install and operate this software on any number of your web sites, provided the source code to the software is not accessible by any third party.
2. You may prepare derivative works and modifications of this software, and you may install and operate such derivative works on your web sites, provided the source code to this software and any derivative work of this software is not accessible by any third party.
3. You may NOT sublicense or distribute this software, or the source code for this software, or any derivative work of this software, to any third party.
4. You must at all times ensure that the source code for this software is retained in confidence.
5. Any and all rights not specifically granted herein are retained by OwenTech.
6. Any and all rights granted to you, to install, use, operate, copy or prepare derivative works of this software, shall be terminated in the event of any of the following:
(a) Your breach or violation of any part of this agreement.
(b) Any charge-back, refund, or cancellation of your payment to OwenTech (or of your payment to Plimus who sell this product on behalf of Owen Technologies).
Upon termination of this Agreement, you must destroy all copies of this software in your possession and all copies of the software's documentation.
WARRANTIES & LIABILITY
1. This software is NOT intended to be used in safety critical environments, such as medical applications, aircraft navigation, industrial applications, etc. You agree not to use the software in any such environment.
2. For unmodified copies of this software only:
(a) Owen Technologies warrants that the software will function substantially in accordance with the accompanying documentation and materials, for a period of 30 days from the date of purchase.
(b) Owen Technologies's warranty is limited to a refund of the purchase price of the software, and shall only apply if the user is able to provide proof of purchase (or sufficient information to identify the purchase) within 30 days of the date of purchase.
(c) Owen Technologies may at its sole discretion, extend the 30 day period for; either for this warranty, or for you to request a refund with sufficient detail for Owen Technologies to implement it.
(d) Aside from the warranty stated herein, or on any money-back guarantee stated on the applicable Owen Technologies web site at the time of purchase: To the maximum extent permissible under law, this software and any related documentation is provided "as is" and without warranties as to performance, merchantability, fitness for a particular purpose, non-infringement or any other warranties whether expressed or implied.
(e) To the maximum extent permissible under law, you assume the entire responsibility and risk of installing, using and operating this software.
(f) To the maximum extent permissible under law, OwenTech makes no warranty that the software will be error-free or free from interruptions or other failures, or that the software will meet your requirements.
(g) To the maximum extent permissible under law, in no event will OwenTech be liable to any party for any direct, indirect, punitive, special, exemplary, incidental or other consequential damages arising directly or indirectly from any use of this software, even if Owen Technologies is expressly advised of the possibility of such damages.
(h) To the maximum extent permissible under law, even if these limitations are found not to apply, the maximum liability of Owen Technologies will be limited to replacement of the software product or refund of the purchase price paid to Owen Technologies for this software by you, according to Owen Technologies's preference.
3. (a) To the maximum extent permissible under law, you are solely responsible for any modifications of the software or derivative works of the software, and you assume the entire risk of installing, using and operating this software or your modifications and/or derivative works of the software.
(b) To the maximum extent permissible under law, in no event will OwenTech be liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this software or modifications of it, and/or derivative works of the software, even if Owen Technologies is expressly advised of the possibility of such damages.
(c) To the maximum extent permissible under law: Even if these limitations are found not to apply, the maximum liability of Owen Technologies will be limited to replacement of the software product or refund of the license fee paid to Owen Technologies for this software by you, according to Owen Technologies's preference.
GOVERNING LAW
1. This agreement shall be governed by and construed in accordance with the laws of Kenya. Any disputes arising from matters relating to this agreement and/or this software shall be exclusively subject to the jurisdiction of the courts of Kenya. You agree that any legal action against Owen Technologies Limited (or its directors, officers, or employees) relating to this agreement and/or this software will be brought in the courts of Kenya, however the Owen Technologies reserves right to pursue breach of these terms in any jurisdiction.
INVALID PROVISIONS
If any provision of this Agreement shall be declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect to the fullest extent permitted by law. In such event, each provision of this Agreement which is invalid or unenforceable shall be replaced with a provision as similar in terms to such invalid or unenforceable provision as may be possible which is legal and enforceable.
ENTIRE AGREEMENT
This Agreement is the entire agreement between OwenTech and the USER, and supersedes any other agreement, oral or written, and may not be changed except by a written signed agreement.