Copyright (c) 2020 ProCo IT
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
By receiving, opening the file package, and/or using Kiosk Browser/Launcher(“Software”) containing this software, you agree that this End User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by ProCo IT your use of Kiosk Browser/Launcher indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, ProCo IT grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Kiosk Browser/Launcher in accordance with this Agreement and any other written agreement with ProCo IT. ProCo IT does not transfer the title of Kiosk Browser/Launcher to you; the license granted to you is not a sale. This agreement is a binding legal agreement between ProCo IT and the purchasers or users of Kiosk Browser/Launcher.
If you do not agree to be bound by this agreement, remove Kiosk Browser/Launcher from your device(s) now and, if applicable, promptly return to ProCo IT by mail any copies of Kiosk Browser/Launcher and related documentation and packaging in your possession.
Kiosk Browser/Launcher and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Kiosk Browser/Launcher contact ProCo IT.
3. USER AGREEMENT
Your license to use Kiosk Browser/Launcher is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Kiosk Browser/Launcher.
3.2 Use Restrictions
You shall use Kiosk Browser/Launcher in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Kiosk Browser/Launcher together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of Kiosk Browser/Launcher may be used on one single device. Use of Kiosk Browser/Launcher means that you have loaded, installed, or run Kiosk Browser/Launcher on a device. If you install Kiosk Browser/Launcher onto a multi-user platform, server or network, each and every individual user of Kiosk Browser/Launcher must be licensed separately.
You may make one copy of Kiosk Browser/Launcher for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of Kiosk Browser/Launcher. The assignment, sublicense, networking, sale, or distribution of copies of Kiosk Browser/Launcher are strictly forbidden without the prior written consent of ProCo IT. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Kiosk Browser/Launcher. If any person other than yourself uses Kiosk Browser/Launcher registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Kiosk Browser/Launcher. Nor can you create any derivative works or other works that are based upon or derived from Kiosk Browser/Launcher in whole or in part.
ProCo IT’s name, logo and graphics file that represents Kiosk Browser/Launcher shall not be used in any way to promote products developed with Kiosk Browser/Launcher. ProCo IT retains sole and exclusive ownership of all right, title and interest in and to Kiosk Browser/Launcher and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of Kiosk Browser/Launcher, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for ProCo IT.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend ProCo IT, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of ProCo IT’s Software.
In no event (including, without limitation, in the event of negligence) will ProCo IT, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Kiosk Browser/Launcher or the use or inability to use Kiosk Browser/Launcher or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
ProCo IT’s entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by ProCo IT) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to ProCo IT.
Except as expressly stated in writing, ProCo IT makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the United Kingdom applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United Kingdom therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Kiosk Browser/Launcher and destroy all copies of Kiosk Browser/Launcher supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Kiosk Browser/Launcher AS WELL.