KTvid > Terms

YOU SHOULD CAREFULLY READ THE FOLLOWING END-USER LICENSE AGREEMENT BEFORE USING THIS SOFTWARE (Name: KTvid/KTvidPPC)

END-USER LICENSE AGREEMENT

This End-User License Agreement ("Agreement") is a legal agreement between you and KT-Tech Inc. ("KT-Tech "), the licensor of the KTvid SOFTWARE. This Agreement covers the KTvid SOFTWARE. By downloading the KTvid SOFTWARE to your personal computer or PDA/cell phone, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, KT-Tech is unwilling to license the KTvid SOFTWARE to you. In such event, you should not download or use the KTvid SOFTWARE.

KTvidTM SOFTWARE LICENSE

The KTvid SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The KTvid SOFTWARE is licensed, not sold.

KT-Tech grants you a non-exclusive license, with no right to grant sub-licenses, to personally use the KT-Tech SOFTWARE on your personal computer or PDA/cell phone.

By downloading content from the KTvid website recipient agrees that: All software executables and images are provided to recipient solely for use in compliance with “Terms of Use” stated below. No proprietary rights in the KTvid Software are granted to recipient. Recipient shall not, directly or indirectly: (i) reproduce, distribute, disclose, or create derivative works based upon the KTvid Software; or (ii) modify, translate, produce a source listing of, decompile, disassemble, or otherwise cause or allow the reverse engineering of, or in any way attempt to create source code from the KTvid Software.

As a condition of your use of the KTvidTM Software, you, the “User”, warrant to KTvid that you will not use the KTvidTM Software for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

User agrees not to use KTvidTM Software to publish or transmit any video, text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability. User furthermore agrees not to, directly or indirectly: (i) reproduce, distribute, disclose, or create derivative works based upon any of the software available on the KT-Tech or KTvid Site; or (ii) modify, translate, produce a source listing of, decompile, disassemble, or otherwise cause or allow the reverse engineering of, or in any way attempt to create source code from any of the software available on the KT-Tech or KTvid Site. Nor shall User use KTvidTM Software to interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing.

REPRESENTATIONS AND WARRANTIES NO WARRANTIES: The KTvidTM SOFTWARE is provided “AS IS” and with all faults, without any warranty of any kind, whatsoever. User is aware and agrees that use of the KTvid Software is at user’s sole risk. KT-TECH and KTVID exprESSly disclaims all warranties, exprESS, implied or statutory, including, but not limited to, the implied warranties of merchantability and fitnESS for a particular purpose, or of accuracy, results, or freedom from viruses. There is no warranty or condition of title, quiet enjoyment, quiet possESSion, or non-infringement with regard to the KTvidTM SOFTWARE. KT-TECH does not warrant that the functions contained in the SOFTWARE will meet USER ’s requirements, and no oral or written information or advice given by KT-Tech or any of KT-Tech’s authorized representatives shall create a warranty or in any way increase the scope of this warranty.

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KT-TECH OR KTVID BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE KTvidTM SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF KT-TECH, AND EVEN IF KT-TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY AND REMEDIES: Notwithstanding any damages that User might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of KT-Tech under any provision of this Agreement and User’s exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by KT-Tech) shall be limited to U.S. $5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

INDEMNITY: User agrees to indemnify, and hold harmless KTvid and KT-Tech, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the KTvid Software, Site, Content or Services, or your violation of these Terms of Use.