Kaleidoscope Collections, LLC
End User License Agreement
ATTENTION: READ THIS DOCUMENT BEFORE USING YOUR COPY OF THE KALEIDOSCOPE KREATOR SOFTWARE.
This End User License Agreement (“EULA”) is a legal agreement between you, an individual or entity, (“the End User”) and Kaleidoscope Collections, LLC (“Kaleidoscope Collections”). As used in this License Agreement, the term “Software” means the Kaleidoscope Kreator family of software included on CD or downloaded via the internet, printed materials, and “online” or electronic documentation. Use of the Software indicates your acceptance of this EULA. You must indicate your agreement to be bound by the terms of this EULA by choosing the option “I accept the terms in the license agreement” during the Software installation, or else you will not be able to install the Software.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SOFTWARE. VISIT HTTP://WWW.KALEIDOSCOPECOLLECTIONS.COM FOR TERMS AND LIMITATIONS OF RETURNING THE SOFTWARE.
(a) "Documentation" shall mean the printed or online written as well as video reference material furnished to the End User in conjunction with the Software, including, without limitation, instructions, videos and end user guides.
(b) "Intellectual Property Rights" shall mean all intellectual property rights, including, without limitation, patent, copyright, trademark, and trade secret.
(c) "Open Source Software" means various open source software components provided with the Software that are licensed to you under the terms of the applicable license agreements included with such open source software components or other materials for the Software.
(d) "Updates" shall mean a modification, error correction, bug fix, new release, or other update to or for the Software.
2. Proprietary Rights. The enclosed Software and the accompanying documentation are the proprietary products of Kaleidoscope Collections and are protected under national copyright laws and international treaty provisions. Ownership of the Intellectual Property Rights in the Software and all copies, modifications, translations and any combination thereof shall at all times remain with Kaleidoscope Collections. Kaleidoscope Collections reserves any right not expressly granted to the End User. The End User assumes sole responsibility for the installation, use and results obtained from use of the Software.
3. Grant of License. The Software is licensed, not sold, which means the End User has the right to use the Software only in accordance with this EULA. The End User is granted a limited, non-exclusive license to do only the following: (a) install and use one copy of the Software on a single computer for use by a single simultaneous user; (b) install the same copy of the Software on a second computer (such as a notebook), provided that the two computers are owned by the same user and not in use at the same time; and (c) make a single copy of the Software solely for backup purposes. As an express condition of this License, the End User must reproduce on the copy Kaleidoscope Collections' copyright notice and any other proprietary legends on the original copy supplied by Kaleidoscope Collections.
Restrictions. The End User may NOT sublicense, assign or distribute copies of the Software to others. Without the express prior written consent of Kaleidoscope Collections, the End User may not (a) use, copy, modify, alter, amend, create derivative works, rent, lease, loan, resell for profit, or otherwise assign or transfer, electronically or otherwise, the Software or documentation except as expressly permitted in this EULA, or (b) translate, reverse engineer, decompile or disassemble or otherwise reduce the Software to a human readable form.
Updates and Support. The End User is entitled to receive technical support as outlined in the Software documentation. From time to time Kaleidoscope Collections may, in its sole discretion, advise the End User of Updates (which shall include any patches or defect fixes that Kaleidoscope Collections makes generally available at www.KalCollections.com), upgrades, enhancements or improvements to the Software and/or new releases of the Software (collectively, "Enhancements"), and may license the End User to use such Enhancements upon payment of prices as may be established by Kaleidoscope Collections from time to time. All such Enhancements to the Software provided to the End User shall also be governed by the terms of this License. IN ORDER FOR THE END USER TO BE ASSURED THAT IT WILL BE ADVISED OF AND LICENSED TO USE ANY ENHANCEMENTS TO THE SOFTWARE, THE END USER MUST COMPLETE THE ELECTRONIC REGISTRATION INCLUDED WITH THE SOFTWARE.
Open Source Software. The terms and conditions of this EULA shall not apply to any Open Source Software accompanying the Software. Any such Open Source Software is provided under the terms of the open source license agreement or copyright notice accompanying such Open Source Software and is available at: www.KalCollections.com/osl
Term. This EULA is effective upon the purchase of the Software by the End User and shall remain effective in perpetuity unless terminated per the terms of this Agreement. The End User may terminate the license and this EULA at any time by destroying the Software together with all copies in any form. Kaleidoscope Collections may terminate immediately without notice this EULA or the End User’s rights under this EULA at any time if the End User fails to comply with the terms and conditions of this EULA. Upon termination of the End Users rights under this EULA for any reason, or upon termination of the EULA itself, the End User must destroy all copies of the Software and all of its component parts. The terms of this paragraph shall survive any termination of this EULA.
4. Transfer. The End User may permanently transfer the Software, including all component parts, the media and printed materials, and all rights under this EULA to another party together with a copy of this EULA provided (i) the End User gives Kaleidoscope Collections written notice of the transfer (including in such notice the identity of the transferee), (ii) the End User retains no copies, and (iii) the recipient reads and agrees to accept the terms and conditions of this EULA. Upon the occurrence of such a transfer, the End User’s rights under this EULA terminate immediately.
5. Protection and Security. The End User agrees to use its best efforts and to take all reasonable steps to safeguard the Software to ensure that no unauthorized person shall have access thereto and that no unauthorized copy, publication, disclosure or distribution in whole or in part, in any form, shall be made. The End User acknowledges that the Software contains valuable confidential information and trade secrets and that unauthorized use and/or copying are harmful to Kaleidoscope Collections.
6. Export Law Assurances. Certain uses of the Software by the End User may be subject to restrictions under United States regulations relating to exports and ultimate end uses of computer software. The End User agrees to fully comply with all applicable United States laws and regulations, including but not limited to the Export Administration Act of 1979 as amended from time to time and any regulations promulgated there under.
7. U.S. Government Restricted Rights. If the Software has been acquired on behalf of any unit or agency of the United States Government, the following provision applies. It is acknowledged that the Software and the documentation were developed solely at private expense and are in all respects proprietary data belonging to Kaleidoscope Collections and that no part is in the public domain. The Software is comprised of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. § 12.212. Consistent with 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202-1 through § 227.7202-4, all United States Government licensees acquire the Software with only those rights set forth in this EULA.
8. Limited Warranty. Kaleidoscope Collections warrants that for ninety (90) days from the date of initial use by the original End User, (i) the Software shall operate substantially in accordance with the accompanying documentation, and (ii) that the Software is properly recorded on the CD media. If, during the warranty period, a defect appears, End User shall return the Software to Kaleidoscope Collections and Kaleidoscope Collections' only obligation shall be, at Kaleidoscope Collections' election, to replace the defective Software or refund the purchase price. Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. The End User agrees that the foregoing constitutes the End User's sole and exclusive remedy for breach by Kaleidoscope Collections under any warranties made under this Agreement.
The End User’s failure to complete the electronic registration included with the Software may result in Kaleidoscope Collections’ inability to provide the End User with updates to the Software and the End User assumes the entire risk of performance and result in such an event.
This warranty does not cover any Software that has been changed in any way by anyone other than Kaleidoscope Collections or otherwise altered, damaged, abused, mis-applied or used not in accordance with this EULA and any instructions included in the Software or the accompanying documentation. Kaleidoscope Collections is not responsible for problems associated with or caused by incompatible operating systems or equipment, or for problems in the interaction of the Software with software not furnished by Kaleidoscope Collections.
No oral or written information or advice given by Kaleidoscope Collections or its dealers, distributors, employees or agents shall in any way extend, modify or add to the foregoing warranty.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS; YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE.
9. Limitation of Liability. THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE END USER ASSUMES ALL RISK AS TO THE SUITABILITY, QUALITY, AND PERFORMANCE OF THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KALEIDOSCOPE COLLECTIONS, OR ITS MEMBERS, OFFICERS, EMPLOYEES OR AFFILIATES, BE LIABLE TO THE END USER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, UPDATES OR ACCOMPANYING DOCUMENTATION, EVEN IF KALEIDOSCOPE COLLECTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
KALEIDOSCOPE COLLECTIONS' LIABILITY TO THE END USER (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY PAID TO KALEIDOSCOPE COLLECTIONS FOR THE LICENSE OF THE SOFTWARE.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to the End User.
10. No Waiver. Any failure by either party to this agreement to enforce a specific part of the agreement in a specific situation is not a waiver of the rights under the agreement. The party may still enforce the rest of the agreement in that situation and may still enforce some or all of the agreement in other situations.
11. General. This EULA constitutes the entire agreement between the End User and Kaleidoscope Collections with respect to the subject matter hereof, and all prior proposals, agreements, representations, statements and undertakings are hereby expressly cancelled and superseded. This EULA may not be changed or amended except by a written instrument executed by a duly authorized officer of Kaleidoscope Collections. This EULA will be governed by and construed in accordance with the laws of the State of Colorado, USA, and shall inure to the benefit of Kaleidoscope Collections and End User and their successors, assigns and legal representatives. If any provision of this License is held by a court of competent jurisdiction to be invalid or unenforceable to any extent under applicable law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. Should there be any questions about this EULA or a desire to contact Kaleidoscope Collections for any reason, please contact:
Kaleidoscope Collections, LLC
P.O. Box 270701
Fort Collins, CO 80527-0701