Web Solution Mart SOFTWARE LICENSE AGREEMENT for "WSM Software Product" IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. Web Solution Mart (“Web Solution Mart”) IS WILLING TO LICENSE THE SOFTWARE TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE (REFERENCED BELOW AS “YOU OR YOUR”) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND Web Solution Mart.
1. The word "WSM Software Product" in this document refers to either of the following:
"Webcam and Screen Recorder"
"Kate`s Video Toolkit"
"Kate`s Video Converter"
"Kate`s Video Joiner"
"Kate`s Video Splitter"
2. LICENSE. The software which accompanies this license (collectively the "WSM Software Product") is the property of Web Solution Mart or its licensors and is protected by copyright law. While Web Solution Mart continues to own the Software, You will have certain rights to use the Software after your acceptance of this license. This license governs any releases, revisions, or enhancements to the Software that Web Solution Mart may furnish to You. Except as may be modified by a Web Solution Mart license certificate, license coupon, or license key (each a “License Module”) which accompanies, precedes, or follows this license, Your rights and obligations with respect to the use of this Software are as follows:
A. make one copy of the Software for archival purposes, or copy the Software onto the hard disk of Your computer and retain the original for archival purposes;
B. After written notice to Web Solution Mart, transfer the Software on a permanent basis to another person or entity, provided that You retain no copies of the Software and the transferee agrees to the terms of this license; and
C. use the Software in accordance with any additional permitted uses set forth below.
D. You may install demo version of the software free of charge
E. .You can get up to 3 replacement keys or install the software up to 3 machines whichever consumes 3 keys first.
F. A refund can be issued if you don`t like the product within 30 days of purchase. However, if more than one license key is dispatched then refund cannot be issued.
You may not:
A. sublicense, rent or lease any portion of the Software; reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software;
B. use a previous version or copy of the Software after You have received a disk replacement set or an upgraded version. Upon upgrading the Software, all copies of the prior version must be destroyed;
C. use a later version of the Software than is provided herewith unless You have purchased upgrade insurance or have otherwise separately acquired the right to use such later version;
D. use the Software in any manner not authorized by this license;
2. DISCLAIMER OF WARRANTY. Web Solution Mart DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST "WSM Software Product" BEFORE ANY LIVE, PUBLIC OR PRODUCTION USE, THAT YOU ASSUME FULL RESPONSIBILITY FOR SELECTING AND USING "WSM Software Product" AND DISTRIBUTING FILES CREATED THROUGH USE OF [WSM Software Product], AND THAT IF YOU USE "WSM Software Product" IMPROPERLY OR AGAINST INSTRUCTIONS, YOU CAN CAUSE DAMAGE TO YOUR FILES, SOFTWARE, DATA OR BUSINESS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF "WSM Software Product" IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction.
3. LIMITATION OF LIABILITY. IN NO EVENT SHALL Web Solution Mart, OR ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF "WSM Software Product", FILES CREATED USING "WSM Software Product", OR YOUR RELATIONSHIP WITH Web Solution Mart. Some jurisdictions do not allow exclusion or limitation of liability for incidental or consequential damages, therefore the above limitation may not apply to you.
4. RESTRICTED RIGHTS LEGEND. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, as applicable, and in similar clauses in the NASA FAR Supplement.
5. TITLE. Web Solution Mart or its licensors own the "WSM Software Product" software, all other materials in this "WSM Software Product" Original Distribution Package, the PAD File Format, and the names and marks Web Solution Mart, "WSM Software Product", under the copyright, trademark, and trade secret laws and all other laws that may apply.
6. TERMINATION. The license will terminate automatically if you fail to comply with any of the limitations, conditions or obligations described herein. On termination, you must destroy all copies of the "WSM Software Product" software and all other materials in this "WSM Software Product" Original Distribution Package and, at Web Solution Mart`s sole discretion, any or all of the files created by you using "WSM Software Product" and distributed to others.
7. GENERAL. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between you and Web Solution Mart. Waiver by Web Solution Mart of any violation of any provision of this Agreement shall not be deemed to waive any further or future violation of the same or any other provision. This Agreement and any dispute relating to "WSM Software Product" or to this Agreement shall be governed by the laws of the Canada and laws of province of Ontario. You agree and consent that jurisdiction and proper venue for all claims, actions and proceedings of any kind relating to Web Solution Mart or the matters in this Agreement shall be exclusively in courts located in Ontario. If any part or provision of this Agreement is held to be unenforceable for any purpose, including but not limited to public policy grounds, then you agree that the remainder of the Agreement shall be fully enforceable as if the unenforceable part or provision never existed. There are no third party beneficiaries of any promises, obligations or representations made by Web Solution Mart herein.
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