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Software License Agreement for KidZui Browser
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (ìLICENSEî) CAREFULLY BEFORE USING THE KIDZUI BROWSER. BY USING THE KIDZUI BROWSER, YOU AGREE TO BE BOUND BY THE TERMS OF THE LICENSE. IF YOU DO NOT AGREE TO THE LICENSE TERMS, PLEASE CLICK ON ìDISAGREEî AND DO NOT USE THE KIDZUI BROWSER.
The KidZui Browser and accompanying documentation (whether on a hard drive, optical disk, read-only memory, any other medium or form) are being licensed, not sold, to you by KidZui, Inc. (ìKidZuiî) for your use exclusively under the License terms. KidZui reserves all rights the License does not expressly grant you. The rights granted by the License are limited to KidZuiís and its licensorsí intellectual property rights in the KidZui Browser as licensed herein, and do not include any other intellectual property rights including, without limitation, patents. While you may own the media storing the KidZui Browser, KidZui and/or its licensors retain ownership over the KidZui Browser itself.
II. PERMITTED USE
THE KIDZUI BROWSER IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIR TRAFFIC CONTROL SYSTEMS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, LIFE SUPPORT SYSTEMS OR OTHER EQUIPMENT WHERE FAILURE OF THE KIDZUI BROWSER COULD LEAD TO LOSS OF LIFE, PERSONAL INJURY, SEVERE PHYSICAL DAMAGE, OR SEVERE ENVIRONMENTAL DAMAGE.
The License permits you to install and use the KidZui Browser on any single computer for personal, non-commercial use unless agreed to in writing by Kidzui. You may not make the KidZui Browser available over a network or any networked environment in which the software can be accessed and/or used by multiple computers at the same time without the consent of KidZui. You are permitted to make a ìback-upî copy of the KidZui Browser in machine-readable format so long as that copy includes all copyright and/or proprietary notices of the original. You may not copy, decompile, reverse engineer, disassemble, modify, create derivative works from, incorporate into any other programs, sell, rent, lease, lend, sublicense, assign or otherwise redistribute the KidZui Browser.
The License is effective until termination. Your failure to comply with any of the Licenseís terms will result in the automatic termination, without notice by KidZui, of your rights under the License. Upon termination of the License, you must cease using the KidZui Browser, and destroy all partial and/or full copies of the software in your possession.
V. COLLECTION AND USE OF NON-PERSONALLY IDENTIFIABLE INFORMATION
You consent to KidZui collecting and using statistical and other technical information that is not in personally identifiable form. This includes, without limitation, information about your computer, operating system, software applications, computer hardware peripherals, and internet service provider. KidZui periodically gathers such information for software updates, product optimization, troubleshooting, error reporting, product support as well as other services related to the KidZui Browser. This information may also be collected and used to determine whether the terms of the License are being complied with.
VI. WARRANTY DISCLAIMER
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE KIDZUI BROWSER IS AT YOUR OWN RISK. FURTHERMORE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO ASSUME ALL OF THE RISKS RELATED TO THE KIDZUI BROWSERíS SATISFACTORY QUALITY, PERFORMANCE AND ACCURACY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE KIDZUI BROWSER AND ANY SERVICES PERFORMED OR PROVIDED BY THE KIDZUI BROWSER (ìSERVICESî) ARE PROVIDED ìAS ISî WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. KIDZUI AND ITS LICENSORS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND/OR STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE KIDZUI BROWSER AND SERVICES INCLUDING, WITHOUT LIMITATION, EXPRESS, IMPLIED AND/OR STATUTORY WARRANTIES AND CONDITIONS OF: MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF RIGHTS OF THIRD-PARTIES. KIDZUI DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE KIDZUI BROWSER; NOR DOES IT WARRANT THAT OPERATION AND USE OF THE KIDZUI BROWSER WILL BE UNINTERRUPTED, ERROR-FREE, THAT SERVICES PROVIDED OR PERFORMED BY THE KIDZUI BROWSER WILL BE COMPATIBLE WITH THIRD-PARTY SOFTWARE, OR THAT ANY DEFECTS IN THE KIDZUI BROWSER OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN REPRESENTATION, INFORMATION OR ADVICE GIVEN BY KIDZUI OR ANY OF ITS REPRESENTATIVES SHALL BE CONSTRUED AS CREATING A WARRANTY. YOU ASSUME ALL COSTS OF ALL NECESSARY REPAIRS, SERVICING OR CORRECTIONS ASSOCIATED WITH DEFECTS IN THE KIDZUI BROWSER AND SERVICES. SOME JURISDICTIONS PROHIBIT THE DISCLAIMER OF IMPLIED WARRANTIES AND/OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, THEREFORE THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
KIDZUI RESERVES THE RIGHT TO CHANGE, SUSPEND OR DISABLE ACCESS TO ANY AND ALL SERVICES AT ANY TIME WITHOUT NOTICE, AND SHALL NOT BE LIABLE FOR THE DISABLING AND/OR REMOVAL OF ANY SERVICE. KIDZUI MAY ALSO IMPOSE LIMITS UPON YOUR ACCESS TO THE KIDZUI BROWSER AND/OR ANY SERVICE WITHOUT NOTICE.
The KidZui Browser references, displays, links to and provides web services related to web sites and information available worldwide through the internet. KidZui makes every commercially reasonable effort to ensure that the content available through the KidZui Browser is appropriate for children. However, because the contents on web sites are outside of KidZuiís control and thus could be changed at any time without KidZuiís knowledge, KidZui cannot make warranties and representations regarding such web sites and the content therein ñ including, without limitation, warranties and representations regarding the quality, accuracy, validity, appropriateness or reliability of such web sites and content. It is possible that unsuitable content could be added to a website and accessed by a child before KidZui has a chance to remove it. If you find objectionable content, please report it at http://www.kidzui.com/support or contact us at firstname.lastname@example.org. If KidZui determines that the content is indeed objectionable, it will block and remove access to such content via the KidZui Browser.
By using the KidZui Browser, you acknowledge that KidZui makes no representation with regard to web sites or information accessed or displayed via the KidZui Browser. KidZui, its officers, principals, employees and subsidiaries shall not be directly or indirectly liable to you or any person for the content you receive using the KidZui Browser, or for any inaccuracies, omissions or errors concerning content accessed and displayed via the KidZui Browser.
VIII. LIMITATION OF LIABILITY
Under no circumstances shall Kidzui, its subsidiaries or licensors be liable for any direct, indirect, punitive, incidental, special or consequential damages resulting from the use or inability to use the KidZui Browser. This limitation applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if KidZui has been advised of the possibility of such damage. Because certain jurisdictions do not allow for the exclusion or limitation of incidental or consequential damages, KidZuiís liability in these jurisdictions shall be limited to THE extent permitted by law. In no event shall KidZuiís total liability to you for all damages, losses and causes of action, whether in contract, tort (including, without limitation, negligence and/or strict liability), or otherwise, exceed the amount you paid KidZui, if any, for use of the KidZui Browser.
You agree to defend, indemnify and hold KidZui, its subsidiaries and affiliated companies, and their employees, directors, officers, principals and contractors harmless from all liability, claims, and expenses including, without limitation, attorneysí fees arising from your use or misuse of the KidZui Browser. KidZui reserves the right, at your own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with KidZui in asserting any available defenses.
X. EXPORT CONTROL
You may not export or re-export the Kidzui Browser except as authorized by the laws of the United States of America. Specifically, and without limitation, the KidZui Browser may not be exported or re-exported to any countries subject to a U.S. embargo, or to any individual or entity on the U.S. Department of Commerceís Denied Persons or Entities List, or the U.S. Treasury Departmentís List of Specially Designated Nationals and Blocked Persons. By using the KidZui Browser, you represent and warrant that you are not located in any such country or on any such list. You further represent and agree that you will not use the KidZui Browser for any purposes prohibited by the laws of the United States of America including, without limitation, for the development, design, manufacture or production of nuclear weapons and/or missiles, or chemical or biological missiles.
XI. GOVERNING LAW
The License shall, for all domestic and international purposes, be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of California, United States of America, without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the KidZui Browser shall be filed only in the state or federal courts located in the State of California. You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claims or actions.
XII. INTEGRATION AND SEVERABILITY
The License constitutes the entire agreement between you and KidZui with respect to the KidZui Browser, and supersedes all prior or contemporaneous communications and proposals between you and KidZui regarding the KidZui Browser. If any provision of the License is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.
Section titles in the License are for convenience only, and do not define, limit or extend any provision of the License.