End User License Agreemnet
For Freeware product from Kiesel Software
IMPORTANT: Carefully read all terms and conditions of this agreement prior to downloading the software.
This is a legal agreement between you, the end user and, Kiesel Software á Islandi ehf. ("Kiesel Software"), Hraunbær 146, 110 Reykjavík, Iceland. By installing the software, you indicate your acceptance of the following license agreement. If you do not agree to these terms and conditions, please do not continue the installation of our product.
Note that this is a license agreement and not an agreement for sale. Kiesel Software will continue to own any physical medias or documentation provided with the software.
1. The granted License
You have the non-exclusive right to use the enclosed software program. You may not distribute copies of the program or documentation to others. You may not modify or translate the program or related documentation without the prior consent of Kiesel Software. You may not electronically transfer the program from one computer to another. You may not "network" the program so that it may be used by several users.
The software is owned by Kiesel Software and is protected by Icelandic and international treaty provisions. You may not use, copy, modify, translate or transfer the program or documentation or any copy thereof, except as provided in this agreement.
You may not rent, lease or transfer any additional copies of the program, either backup disks or multimedia originals, to another.
The agreement is effective until terminated. You may terminate it by destroying the program and documentation and all copies thereof. The agreement will also terminate if you fail to comply with any term or condition of this agreement. You agree upon such a termination to destroy all copies of the program and documentation. The agreement can always be terminated by Kiesel Software with 3 months notice
5. Limited Warranty
Kiesel Software warrants that the software is free from major defects in material and workmanship and will perform substantially in accordance with the documentation under normal use.
6. Limitation of liability
Kiesel Software and its distributors do not and cannot warrant the performance or results you may obtain by using the software. Kiesel Software's entire liability and you exclusive remedy shall be the replacement of any software not meeting Kiesel Software's limited warranty and which is returned to Kiesel Software with a copy of your receipt. If a failure of the software has resulted by accident, abuse or misuse of the software, then Kiesel Software shall have no responsibility to replace the software under this limited warranty. Any replacement software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
Neither Kiesel Software nor anyone else who has been involved in the creation, production, or delivery of the software shall be liable for any indirect, consequential or incidental damages arising out of the use or inability to use the software even if Kiesel Software has been advised of the possibility of such damage or claim. In jurisdictions where legal liability due to compulsory law cannot be excluded, Kiesel Software's liability is limited to the amount paid for the software.
7. Governing law
This agreement shall be governed and construed solely by the laws of Iceland without giving effect to any conflict of laws provision thereof. You and Kiesel Software agree to submit to the exclusive jurisdiction of the courts in Reykjavik, Iceland. If any part of the Agreement is found void and/or unenforceable it will not affect the balance of the Agreement, which shall remain valid and binding according to its terms.
By downloading the software, you acknowledge that you have read this agreement, understood it, and agree to be bound by its terms and conditions. You also agree that this agreement is the complete and exclusive statement of agreement between the parties and supersedes all proposal or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this agreement.