BY DOWNLOADING AND INSTALLING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR USE THE SOFTWARE OR IT'S CONTENT INCLUDED IN THE SETUP PROGRAM. IF THE COPY OF THE SOFTWARE YOU RECEIVED WAS ACCOMPANIED BY A PRINTED OR OTHER FORM OF "HARD-COPY" MEDIA WHOSE END USER LICENSE AGREEMENT TERMS VARY FROM THIS AGREEMENT, THEN THE HARD-COPY END USER LICENSE AGREEMENT GOVERNS YOUR USE OF THE SOFTWARE.
IMPORTANT-READ CAREFULLY: This K SSS, Inc. Beta Testing End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and K SSS, Inc. for the downloading and using Beta version software, including: computer software, programs, its code, objects including their API's, as well as any images, photographs, templates, animations, video, audio, music, text, and "plugins" incorporated into the software, the accompanying printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, downloading, creating a back-up, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT; you must destroy the SOFTWARE PRODUCT and any copies thereof. Beta version software products are not supported. Beta version software products are software products that are still under development and testing. If you download a beta version software product then you are getting an exclusive look at a new software product and you are also acting as a beta test team member, therefore any bugs, problems or suggested improvements should be reported using a special e-mail address
This EULA grants you the following rights: The AUTHOR grants you a limited non-exclusive license to use the SOFTWARE PRODUCT solely for testing purposes. As a beta version, the SOFTWARE PRODUCT is still under development and is likely to contain bugs. Thus, you are solely responsible for ascertaining the fitness of the SOFTWARE PRODUCT for your permitted use, and for checking that it is sufficiently free from error and malfunction for such use. This EULA grants you a license pursuant to the previous sentence only, and is not a sale of the SOFTWARE PRODUCT. If the AUTHOR intends to distribute a commercial release of the SOFTWARE PRODUCT, the AUTHOR reserves the right at any time to alter prices, features, licensing terms, or other characteristics of the commercial release.
Applications Usage and Distribution: You may install and use the SOFTWARE PRODUCT on any computer free of charge for testing purpose without restrictions. You may not incorporate the SOFTWARE PRODUCT into any other "commercial" software product, or "resell" or "rent" the SOFTWARE PRODUCT as a standalone product or as part of a software product.
Prohibition on Reverse Engineering, Decompilation, and Disassembly: The source code underlying the SOFTWARE PRODUCT constitutes a trade secret. Thus, you may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except as permitted by applicable law and to the extent that the AUTHOR is not permitted by such applicable law to exclude or limit such rights. Information relating to the SOFTWARE PRODUCT which is necessary to enable the production of software which is interoperable with the SOFTWARE PRODUCT (or with other software) may be available from the AUTHOR.
All right, title and interest in and to the SOFTWARE PRODUCT and any copies of the SOFTWARE PRODUCT made by you are exclusively owned by the AUTHOR. The SOFTWARE PRODUCT is protected by copyright laws, other laws, and international treaty provisions. Therefore, you must treat and protect the SOFTWARE PRODUCT like any other protected material. You may not remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the SOFTWARE PRODUCT or any copy you make of the SOFTWARE PRODUCT. Except as specifically provided for in this EULA, the AUTHOR reserves all of its other rights.
You agree that you will not use, license, transfer or otherwise dispose of the SOFTWARE PRODUCT or documentation in violation of U.S. and/or foreign or local copyright laws. You undertake also:
a) Not to disclose, publish, or disseminate any information regarding the software to anyone. In particular not to disclose information about any new software features or software faults to any Internet forums, without prior permission from K SSS, Inc.
b) To send fault reports and any questions or suggestions for improvement relating to the beta test software by e-mail only to the e-mail address
c) Not to disclose the confidential access details of the beta test download site to anyone. Nothing herein contained shall be construed to imply the grant of any license to you of any nature kind or description. All confidential information, and any derivatives thereof created by K SSS, Inc. remains the property of K SSS, Inc. and no license of other rights to confidential Information is granted or implied hereby.
IT IS UNDERSTOOD BY YOU THAT THE SOFTWARE PRODUCT HAS NOT BEEN THOROUGHLY TESTED AND MAY CONTAIN DEFECTS AND THAT THE AUTHOR MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING ITS USE, PERFORMANCE, OPERATION, APPLICATIONS PORTABILITY BETWEEN SUBSEQUENT BETA VERSIONS AND FINAL VERSION OR SUPPORT. BY WAY OF EXAMPLE, BUT NOT OF LIMITATION, THE AUTHOR MAKES NO REPRESENTATIONS OR WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IT IS FURTHER UNDERSTOOD BY YOU THAT NO COMMITMENT EXISTS ON THE PART OF THE AUTHOR TO PROVIDE THE SOFTWARE PRODUCT IN A CONDITION SUITABLE FOR USE BY YOU. YOU ACKNOWLEDGE THAT THE SOFTWARE PRODUCT IS DELIVERED ON AN "AS IS" BASIS AND THAT YOUR USE OF THE SOFTWARE PRODUCT SHALL BE AT YOUR SOLE RISK. YOU ALSO AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY (i) DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SUCH AS, BUT NOT LIMITED TO, LOSS OF DATA, LOST PROFITS, OR EXEMPLARY OR PUNITIVE DAMAGES, WHETHER OR NOT FORESEEABLE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii)ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE DELIVERY, USE OR PERFORMANCE OF THE SOFTWARE PRODUCT, OR CONTENT DISTRIBUTED THROUGH THE SOFTWARE PRODUCT, WHETHER IN AN ACTION IN CONTRACT OR TORT, INCLUDING NEGLIGENCE.