LICENSE GRANT AND RESTRICTIONS.
TKIEE hereby grants you a limited, non-transferable, non-exclusive license to use the Licensed Program for your internal business use on a demonstration/trial basis. No license fee is charged for this demo/trial license. You shall be exclusively responsible for the supervision, management and control of the use of the Licensed Program.
TERM. The term of your free demo/trial license is 30 days commencing on the date of first use of the Licensed Program after activation. At the end of the demo/trial period, the Licensed Program will automatically cease operating. TKIEE shall have the right to terminate this license at any time if you breach any provision of this Agreement. You are eligible for only one copy of the demo/trial Licensed Program. Please contact sales.au@tkiee.com to obtain a full license to Licensed Program or activate from website using credit card.
OWNERSHIP. The Licensed Program and all related documentation are the proprietary information of and the property of TKIEE. TKIEE shall retain all right, title and interest, including all intellectual property rights, in and to the Licensed Program and all related software and documentation developed by TKIEE.
NO WARRANTY. The Licensed Program is provided to you on an "AS IS" basis. TKIEE has no obligation whatsoever to provide any maintenance or support during the term of this 30-day demo/trial period. TKIEE MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, ACCURACY, CORRECTNESS, COMPLETENESS OR USEFULNESS OF THE LICENSED PROGRAM. TKIEE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY. You are solely responsible for the risk that you take in using this demo/trial version of the Licensed Program. IN NO EVENT SHALL TKIEE BE LIABLE, WHETHER BASED ON CONTRACT, TORT, WARRANTY OR OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING LOST DATA OR LOST PROFITS) ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE LICENSED PROGRAM, OR THE USE OF LICENSED PROGRAM, EVEN IF TKIEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND YOU HEREBY RELEASE TKIEE FROM ANY LIABILITY FOR ALL SUCH LOSSES AND DAMAGES. THIS LIMITATION OF LIABILITY SHALL ALSO PROTECT TKIEE'S DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, AND SHALL APPLY REGARDLESS OF THE FAULT, NEGLIGENCE OR STRICT LIABILITY OF TKIEE AND SUCH OTHER PARTIES.
GOVERNING LAW. This Agreement shall be governed by and interpreted in accordance with the laws of the State of South Australia, without reference to conflict of laws principles. Any legal actions arising out of this Agreement shall be brought in Adelaide, South Australia.
