If you download any KADAK Products Ltd. ("KADAK") document or software
("Product") from this site, then, by so doing, you have agreed to the
terms and conditions of this license. If you do not agree with the
terms and conditions set forth below, do not download the Product.
The terms and conditions of a properly executed KADAK Software License Agreement
governing a particular KADAK software product shall supercede the
terms of this license.
KADAK grants you a non-exclusive license to use the Product for evaluation
purposes only. Ownership of the Product including copyright remains with
NO WARRANTY OF THE PRODUCT IS PROVIDED EXCEPT AS STIPULATED HEREIN.
THE PRODUCT IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OR CONDITION,
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU.
SHOULD THE PRODUCT PROVE DEFECTIVE, YOU (AND NOT KADAK) ASSUME THE ENTIRE COST
OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Without limiting the above, KADAK does not warrant the operation of the
Product will be uninterrupted or error free. KADAK assumes no responsibility
for the ability of the Product to achieve your intended results or for the
copying, installation, use and results obtained from the Product.
Your exclusive remedy against KADAK and KADAK's entire liability,
regardless of how such liability arises, is limited to the replacement
of the downloaded copy of the Product.
IN NO EVENT WILL KADAK BE LIABLE TO YOU FOR ANY DAMAGES INCLUDING,
BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF YOUR USE, THE RESULTS OF YOUR USE, OR INABILITY TO USE THE
PRODUCT EVEN IF KADAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL KADAK BE LIABLE FOR ANY CLAIM, INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE, BY ANY OTHER PARTY, WHETHER THE CLAIM ARISES
IN STATUTE, CONTRACT OR TORT.
This license is effective from the time of first download of the
Product or until terminated by KADAK if you fail to comply with the
terms and conditions of this license. All obligations of confidence
will continue regardless of any termination of this license.
This license shall be governed by the laws of the Province of
British Columbia, Canada. This license is the entire agreement
between the parties and supercedes any agreements or understandings
or communications, whether written or oral, between KADAK and you
relating to the subject matter of this license.