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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 KADAK.


  Limited Warranty

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.


  General

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.



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