This is a legal agreement between you, the user, and PowerKinetics. By opening the software packet(s), you agree to be bound by the terms of this agreement. If you do not agree to these terms, promptly return all software items (CD or other media that contain the copy of the software, written materials and packaging) with the seal unbroken for a full refund.

You may use one copy of the software on only one computer at a time. If you have multiple licenses for the software, you may use as many copies at any time as you have licenses. “Use” means loaded in temporary memory or permanent storage on the computer.  Installation on a network server solely for distribution to other computers is not “use”, if you have a separate license for each computer to which the software is distributed.  If users will exceed the number of licenses, you must have a reasonable process to assure that the number of persons using the software concurrently does not exceed the number of licenses.

The software is protected by United States copyright laws and international treaties. You may make one copy of the software solely for backup or archival purposes or transfer it to a single hard disk provided you keep the original solely for backup or archival purposes. You may not rent or lease the software or copy the written materials accompanying the software, but you may transfer the software and all accompanying materials on a permanent basis, if you retain no copies and the recipient agrees to the terms hereof. Any transfer must include the most recent update and all prior versions. You may not reverse engineer, decompile, or disassemble the software. If the package contains more than one copy of the software (for example 3.5” or 5.25” disks), you may use only one copy as appropriate for your computer. You may not use another copy on another computer or network, or loan, rent, lease, or transfer it to another user except as permitted by this agreement.
 

LIMITED WARRANTY

PowerKinetics warrants that the software media are free from defects in materials and workmanship under normal use for ninety (90) days from the date you receive them. This warranty is limited to you and is not transferable. Any implied warranties are limited to 90 days. Some jurisdictions do not allow limits on the duration of an implied warranty, so this limitation may not apply to you.

The entire liability of PowerKinetics and its suppliers, and your exclusive remedy, shall be (a) return of the price paid for the software or (b) replacement of any media that does not meet this warranty, which is sent with a return authorization number to PowerKinetics at your cost and risk. This limited warranty is void if any damage to the media has resulted from accident, abuse, misapplication, or service or modification by someone other than PowerKinetics. Any replacement media is warranted for the remaining original warranty period or 30 days, whichever is longer.

PowerKinetics does not warrant that the functions of the software will meet your requirements or that operation of the software will be uninterrupted or error free. You assume responsibility for selecting the software to achieve your intended results and for the use and results obtained from the software.

PowerKinetics disclaims all other warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, for the software and all accompanying written materials. This limited warranty gives you specific legal rights. You may have others, which vary from jurisdiction to jurisdiction.

In no event shall PowerKinetics or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of use or inability to use the software, even if advised of the possibility of such damages. Because some jurisdictions do not allow an exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.