Software Licensing Agreement and Product Warranty
The KIC software is subject to the following license terms and conditions.
1.1 This is a software license granted by KIC, mailing address 16120 Bernardo Drive San Diego, CA 92127.
1.2 The KIC software is licensed to you as the end user, and is not sold.
1.3 The KIC software is copyrighted material.
1.4 The KIC software is licensed for use with one or more pieces of associated hardware that together constitute a thermal process management system. This license allows you to use the software with the purchased system. You must purchase additional copies of the software if used with additional system hardware.
1.5 You may not change, modify, decompile, disassemble, or otherwise reverse engineer the licensed software or any associated hardware.
2.1 KIC warrants that the system hardware and software are free from defects in material and workmanship under normal use. KIC warrants that the system as a whole will perform substantially in accordance with the specifications set forth in the documentation provided with it.
2.2 Warranty regarding rated temperature: Components of the system hardware are rated by KIC for proper performance up to a specified maximum temperature. Any component that KIC determines to have been exposed to temperatures higher than the rated temperature is not covered under this warranty.
2.3 Start of the Warranty period. The warranty period begins the day the KIC product is delivered to you as the first customer.
2.4 Obligations of KIC during The warranty period:
2.4.1 Return for complete refund: If, within the first thirty (30) days after the start of the warranty, the customer returns, for any reason whatsoever, any of the purchased hardware or software in its original condition, KIC will refund the associated money paid and accept the return as payment for any money owed.
2.4.2 Replacement: Within the first year of the start of the warranty, KIC will replace, on an exchange basis and without additional charge, any product proven defective in materials or workmanship.
2.4.3 Correction of software: KIC will either replace or repair, without additional charge, any software that does not perform in substantial compliance with its documented specifications. In the foregoing circumstances, KIC will deliver either corrective code or a corrected copy of the software.
2.4.4 Final Remedy: If KIC is unable to replace defective media or provide a corrected copy of the software within a reasonable amount of time, KIC will either replace the software with a functionally similar program or refund the license fees paid for use of the software.
2.5.1 KIC does not warrant that the functions contained in the software will meet your requirements or that the operation of the software will be uninterrupted or error free. The Warranty does not cover any copy of the software that has been altered or changed in any way by you or others. KIC is not responsible for problems caused by changes in the operating characteristics of the computer hardware or operating system which are made after delivery of the software.
2.5.2 EXCEPT WHERE LIMITED BY LOCAL JURISDICTIONS, KIC SHALL NOT IN ANY CASE BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM ANY BREACH OF THESE WARRANTIES EVEN If KIC OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2.6.1 THE WARRANTIES SET FORTH ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE. THE REMEDIES SET FORTH ABOVE ARE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES. Only an authorized officer of KIC may make modifications to this warranty, or additional warranties binding on KIC. Accordingly, additional statements such as advertising, collateral or presentations, whether oral or written, do not constitute warranties by KIC and should not be relied upon as such. This warranty gives you specific legal rights, and you may have other rights, which vary by state and/or country.
3.1 In no case shall KIC’s liability exceed the license fees paid for the right to use the licensed software or One Hundred Dollars ($100.00), whichever is greater.