Kinesis End User License Agreement

  1. Acceptance of Terms

By accessing, downloading, or using Kinesis Software, you agree to be bound by these Terms of Use and our Privacy Policy.

  1. License Grant

Kinesis Corporation grants you a personal, non-exclusive, non-transferable, revocable, limited license to use Kinesis Software solely for your personal or  business purposes, subject to these Terms.

  1. Restrictions on Use

You agree not to, and you will not permit others to:

  • Copy, modify, or create derivative works of the Kinesis Software.
  • Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available Kinesis Software to any third party.
  • Use Kinesis Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
  1. Intellectual Property

Kinesis Software and its entire contents, features, and functionality (including but not limited to all information, text, displays, images, video, and audio) are owned by Kinesis Corporation, its licensors, or other providers of such material and are protected by copyright, trademark, patent, and other intellectual property or proprietary rights laws.

  1. Termination

We may terminate or suspend your access to Kinesis Software immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use Kinesis Software will cease immediately.

  1. Disclaimer of Warranties

Kinesis Software is provided to you “AS IS” and “AS AVAILABLE,” with all faults and without warranty of any kind. Kinesis Corporation expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to any warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

  1. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Kinesis Corporation or its affiliates, directors, officers, employees, agents, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, or any damages whatsoever, arising out of or in connection with the use or inability to use Kinesis Software or any data loss.

  1. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Washington State, USA without regard to its conflict of law provisions.

  1. Changes to Terms of Use

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use Kinesis Software after those revisions become effective, you agree to be bound by the revised terms.

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