License agreement KSF & Partners, LLC (dba/ThePCAT.com)
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE THEPCAT.COM SOFTWARE.
BBy installing this software you accept all the terms and conditions of this agreement, and you are bound by the terms of this license. Please read this agreement carefully. THE MEDIA IS AN INTERNET DOWNLOAD ONLY.
- General. The software (including Boot ROM code), documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "ThePCAT.com software" are licensed, not sold, to you by ThePCAT.com. ThePCAT.com reserve all the rights that have not expressly granted to you
- Permitted License Uses and Restrictions. This License allows you to install and use one copy of the ThePCAT.com. Software on a single user basis. This License does not allow the ThePCAT.com software to exist on more than one such device or computer at a time, and you may not make the ThePCAT.com software available over a network where it could be used by multiple devices or multiple computers at the same time. You may NOT copy, decompile, reverse engineer, disassemble, and attempt to derive the source code of, modify, or create derivative works of the ThePCAT.com software or any part thereof. Any attempt to do so is violation of the rights of ThePCAT.com.
- Transfer. You may not rent, lease, lend, or sublicense the ThePCAT.com software.
- Considerations that this is a downloadable custom program and all its contents, including the software, documentation, and fonts are property of ThePCAT.com. As a customer under this license agreement, you are being granted a limited use of this program and its contents. Please treat the information in this program file like a reference book. You may not copy nor modify the contents of this program; you may not publish, transmit or otherwise distribute copies of it. You may not install the information and enabling software on a computer to which more than one user can have simultaneous access. The possession of this disk is not transferable. This software may only be used on a SINGLE computer.
- Please note that ThePCAT.com is not in any way related to theฎ PCAT which is a registered trademark of the Psychological Corporation, which does not endorse this software nor www.thePCAT.com, and that the material on this software will not guarantee any scores on the PCAT.
- 6. Termination This License is effective for a twelve (12) month term from the date of registration of ThePCAT.com software for support and service. Your rights under this License will terminate upon reaching this date without notice from ThePCAT.com. Please note there are provisions with the license termination. We still do reserve the right to revoke your license at anytime with our any explanation. Upon termination of this license, you shall cease all use of The ThePCAT.com software and destroy all copies, full or partial, of the software. We do allow the following exceptions that allow you to have access to free updates for the software and will be able to use it within good faith considering none of the above points are not violated. We will not offer support to you after the 12 month period but will still allow you to use our tool for educational purposes.
- Liability TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE THEPCAT.COM BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOU LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE THEPCAT.COM SOFTWARE.
KSF & Partners, LLC who owns ThePCAT.com warrants that the media on which this software is delivered, to be free from defects in materials and workmanship under normal use for a period of 48 hours from the date of original purchase. Your exclusive remedy under this paragraph shall be a replacement of the software. This can only happen if the Uninstall code is provided to our Customer Service department to address this issue. NO REFUNDS granted under any circumstances.
THE LIMITED WARRANTY AND ANY IMPLIED WARRANTIES OFFERED ON THIS MEDIA, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO 48 HOURS FROM THE DATE OF PURCHASE. THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS, OR IMPLIED.THEPCAT.COM AND KSF & PARTNERS,LLC SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES. THERE ARE NO WARRANTIES THAT THE SOFTWARE AND ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.
As our customer, you expressly acknowledge and agree that use of this software is at your sole risk, and the software is provided "AS IS".
You agree that any legal action brought against KSF & Partners, LLC (dba/thepcat.com) shall be governed by the laws of the State of Pennsylvania without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of this software shall be an appropriate federal or state court located in Philadelphia County, Pennsylvania.
If we cannot resolve a dispute regarding the application of KSF & Partners, LLC (dba/thepcat.com), the dispute will be settled by an arbitrator in binding arbitration pursuant to the rules of the American Arbitration Association. Arbitration shall be filed in Philadelphia, PA and the hearing relating to said arbitration shall be held at a mutually agreeable location within Philadelphia, Pennsylvania. The arbitrator will apply United States law and will award the substantially prevailing party its costs and reasonable attorney's fees.
ฉ2006 ThePCAT.com. All rights reserved. KSF & Partners, LLC. ThePCAT.com logo, are all registered trademarks of KSF & Partners, LLC.
