Kleinschmidt Associates, Inc (“Kleinschmidt”) grants to you (“the User”) the rights to install McBreach “the Software” and to use the Software subject to the following Terms and Conditions for Use (“the Agreement”):
All copies of the Software received by user pursuant to the authority of the Agreement will be and remain the property of Kleinschmidt. User may not reproduce, distribute, rent, lease, or lend the Software with prior authorization from Kleinschmidt.
Kleinschmidt is solely responsible for the content of the Software. The Software may not be modified, abridged, decompiled, disassembled, unobfuscated or reverse engineered.
No part of the Software may be exported or re-exported in contravention of U.S. export laws or regulations.
Waiver of Warranty
KLEINSCHMIDT AND ITS AGENTS, OFFICERS, REPRESENTATIVES, AND EMPLOYEES, INCLUDING ITS CONTRACTORS AND SUPPLIERS PROVIDE THE SOFTWARE “AS IS,” WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Limitation of Liability
IN NO EVENT SHALL KLEINSCHMIDT, ITS AGENTS, OFFICERS, REPRESENTATIVES, AND EMPLOYEES, INCLUDING ITS CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SOFTWARE REGARDLESS OF CAUSE, INCLUDING NEGLIGENCE EVEN IF KLEINSCHMIDT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
KLEINSCHMIDT AND THE LIABILITY OF ITS AGENTS, OFFICIERS, REPRESENTATIVES, AND EMPLOYEES, INCLUDING ITS CONTRACTORS AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE REPLACEMENT OF CERTIFIED COPIES OF THE SOFTWARE WITH IDENTIFIED ERRORS CORRECTED.
As a voluntary user of the Software you agree to indemnify and hold Kleinschmidt, and its agents, officers, representatives, and employees, including its contractors and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Software or breach of the Agreement or your violation of any law or the rights of a third party.
Kleinschmidt reserves the right to modify the product over time without notice and shall not be under any obligation to provide you with any notification of such change nor provide an archive of prior versions.
The Software is provided with no support, either contractually or implied. Support services are available by contacting Kleinschmidt.
Duty of Care
As a user of the Software, you agree to use sufficient duty of care when using the Software. This includes not designing or constructing anything outside of your abilities and knowledge.
The Agreement, including any and all documents referenced herein, constitute the entire agreement between Kleinschmidt and the user. Kleinschmidt’s failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in the Agreement be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. The Agreement shall be governed by and construed in accordance with the laws of the State of Maine and the federal laws of the Untied States of America applicable therein.
Choosing the “I agree” option and selecting the “Next” button indicates that you have the authority to accept the Agreement and voluntarily accept the terms and conditions contained herein. If you do not agree or have the authority to agree to the Agreement, please delete all copies, and cease using the Software.