Terms and conditions:
IMPORTANT: BY ACCEPTING, INSTALLING, DOWNLOADING OR USING ANY PART OF K-FRAMEWORK SOFTWARE, YOU ARE AGREEING TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENTS AND CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR CANNOT COMPLY WITH THESE TERMS AND CONDITIONS, DISCONTINUE THE INSTALLATION PROCESS AND YOU WILL HAVE NO AUTHORITY TO USE THE SOFTWARE.
K-ARRAY'S WILLINGNESS TO GRANT THIS LICENSE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.S.
1) PROPRIETRY RIGHTS
2) GRANT OF LICENSE
3) LIMITATIONS OF LIABILITY
1. PROPRIETARY RIGHTS.
K-array S.r.l. owns all rights, title and interests in and to the K-array Software, which is licensed, not sold.
Legends. User shall not alter or remove any copyright notices, trademark notices, or other proprietary legends from any elements of the K-array's Software or any other material supplied by K-array.
2. GRANT OF LICENSE
Subject to the terms and conditions of this Agreement grants you an individual, personal, non-sublicensable, nonexclusive license (the "License") to use one copy of the Software, in object code form only, only in accordance with the applicable end user documentation, if any. You will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Software; modify, translate, or create derivative works based on the Software; or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the Software; use the Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels on the Software. As between the parties, you acknowledge its licensors retain ownership of the Software, any portions or copies thereof, and all rights therein. Upon termination of this Agreement for any reason, this License will terminate and you will destroy and cease to use the Software. You may permanently transfer all of your rights under this License but only as part of a permanent sale or transfer of the hardware device and only if the recipient agrees to be bound to the terms and conditions of this License. THE SOFTWARE IS PROVIDED AS IS AND SUBJECT TO THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY FOUND IN THIS AGREEMENT.
3.LIMITATIONS OF LIABILITY:
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, K-ARRAY ABOVE ALL LIABILITY FOR ANY PERSONAL INJURY OR FOR ANY DAMAGES, DIRECT OR INDIRECT AND OF EVERY KIND AND NATURE, INCLUDING, BUT NOT EXCLUSIVE, DAMAGES FOR LOSS OF PROFITS, DAMAGE OR LOSS OF DATA, ERROR IN TRANSMISSION OR RECEPTION OF DATA, ARISING FROM OR CONNECTED WITH THE USE OR INABILITY TO USE THE SOFTWARE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR FOR ANY DIRECT OR INDIRECT DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
IN NO EVENT SHALL K-ARRAY BE LIABLE IN CONTRACT, TORT OR OTHERWISE FOR LOST PROFITS OR OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES, WHETHER OR NOT HP SOUND WAS ADVISED, OR HAD KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification. User shall indemnify, defend and hold harmless K-array and its officers, directors, employees, agents, successors and assigns from and against any and all obligations, costs, loss, damages, claims, attorneys fees and liability of any character in any way arising from or relating to user's preset and any other interaction and relationship between user and any end-user solicited by user including, without limitation, warranty, personal injury, property damage, breach of contract and negligence. Nothing in this paragraph is intended to limit or waive any equitable or other rights to indemnification that K-array may otherwise be entitled.
The parties expressly agree that this contract is ruled by the Italian law and for any eventual controversy on the matters ruled by this contract the Court of Florence is the exclusive competent forum.
The agreement is effective until terminated. Either party may terminate this agreement upon written notice to the other party. K-array may also terminate this agreement immediately, without prior notice or liability, if you breach any of the terms or conditions of this agreement. All sections of this agreement which by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers and limitations of liability.