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KAESER CENTRAL END USER LICENSE AGREEMENT
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KAESER CENTRAL END USER LICENSE AGREEMENT 

 

 

Kaeser Central ("the Web Application“) and accompanying documentation is a licensed service and not sold.  It is provided as a service to users in good standing.  This Web Application is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Kaeser & Blair or its subsidiaries, affiliates, and suppliers (collectively "KB") own intellectual property rights in the Web Application. The Licensee's ("you" or "your") license to download, use, copy the Web Application is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").

 

Acceptance 

YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "ACCEPT" OPTION AND ACCESSING THE WEB APPLICATION OR BY DOWNLOADING, USING, OR COPYING ANY DATA FROM THE WEB APPLICATION.

License Grant 

This Agreement entitles you to login and access any data pertinent to YOUR ACCOUNT of the Web Application. In addition, you may download your account information provided by the Web Application. The data must be only be used by the account owner.   The account owner is free to handle the data any way they want. This Agreement does not permit users of the Web Application any use of unauthorized Web Application data not pertinent or connected to their account.  This includes unauthorized access to Web Application data by authorized users via a software/code vulnerability or “hack”.

For further information regarding licensing of the Web Application, please contact:

 

KB Representative: Scott Baker

Address: 4236 Grissom Dr Batavia, Ohio 45103

Phone Number: 513-732-6400

E-mail Address: sbaker@kaeser-blair.com

 

Restrictions on Transfer of Account Information

Without first obtaining the express written consent of KB, you may not assign your account under this Agreement, or redistribute your account information to the Web Application.

 

Restrictions on Use 

You may not use or copy any data from the Web Application on any system that is not intended for submission to KB.  

You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Web Application.

You may not use the database portion of the Web Application in connection with any software other than the Web Application. 

 

Restrictions on Alteration 

You may not modify the Web Application or create any derivative work of the Web Application or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Web Application. You may not reproduce the database portion or create any tables or reports relating to the database portion.

 

Restrictions on Copying 

You may not copy any part of the Web Application except to the extent that licensed use inherently demands the creation of offline data (reporting) You may make archival copies of data connected to your account.

 

Disclaimer of Warranties and Limitation of Liability 

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY KB, KB MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE WEB APPLICATION.

 

KB makes no warranty that the Web Application will meet your requirements or operate under your specific conditions of use. KB makes no warranty that operation of the Web Application will be totally secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE WEB APPLICATION SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND INTERRUPTIBILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE WEB APPLICATION TO MEET YOUR REQUIREMENTS. KB WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.

 

UNDER NO CIRCUMSTANCES SHALL KB, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE WEB APPLICATION, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF KB OR ANY OTHER PARTY, EVEN IF KB IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS KB'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

 

Governing Law, Jurisdiction and Costs 

This Agreement is governed by the laws of Ohio, without regard to Ohio's conflict or choice of law provisions.

 

Severability 

If any provision of this Agret shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.