KD Max license agreement
Granting the license:
Guangdong Yuanfang Computer Software Engineering Co. Ltd (Yuanfang Software) grants you a non-exclusive, non-transferable license to use the program (the “Program”) under the terms and conditions of this Agreement. This License Agreement allows the user to install the program on only one computer, at one place and at one time only. Yuanfang Software allows the user to create only one backup of the Program. This software package may contain a printed User’s Guide and accompanying documents (“Documentation”) or electronic documentation. Paper-based documentation may not be copied. For electronic documentation, you may print one (1) copy that you cannot copy.
If the Program contains the words “Academic Version”, the user must install this Program at a Certified Educational Institution for teaching and learning purposes. Other parties will not be allowed to use the “Academic Version”.
The user is not allowed to:
(a) modify, translate, reverse engineer, decompile or disassemble the Program;
(b) rent or transfer in whole or in part the Program, Documentation or any rights under this Agreement to any person or parties without the prior written consent of
(c) remove any proprietary notices, stickers or markings from the Program or Documentation;
(d) use the Program outside the country in which it was purchased;
(e) use computer hardware or software designed to defeat the Program’s copy protection device.
Title and copyright in the Program and its accompanying materials remain the property of Yuanfang Software. Unauthorized copying of the Program or Documentation, or failure to comply with the above restrictions, will automatically terminate the license.
(a) warrants that the Program will function properly in accordance with the accompanying Operating Instructions (s) for a period of ninety (90) days from the date it is delivered to you, as evidenced by a copy of your receipt;
(b) warrants that the Physical Component provided with the Program will be, under normal use and service, free from defects in material and workmanship for a period of one (1) year from the date of receipt;
(c) does not warrant that the operation of the program will be uninterrupted or error-free;
(d) does not, and the user receives, no warranties, be they express, implied, statutory or in agreement with the user, and Yuanfang Software expressly disclaims any other warranties, including warranties of merchantability or fitness for a specific purpose. The limited warranty is void if failure of the Program or its Physical Component is due to accident, breach, or misuse. If the Program is replaced with a new one, the warranty will remain in effect for the remainder of the remaining warranty period or thirty (30) days, whichever is longer. In addition, you may have additional warranty rights that vary from country to country.
Yuanfang Software’s total liability, and thus compensation to the user under the warranty, will, at Yuanfang Software’s discretion:
(a) attempting to correct or circumvent Program errors;
(b) replacement of the Program and/or its Physical Component;
(c) refund of the purchase price and termination of this agreement. This remedy is contingent upon returning the Program to the Authorized Dealer or Distributor from which it was acquired with a copy of the receipt.
The program, which is a computer-aided design device, is intended to assist trained professionals with design only, it is not a substitute for professional user judgment, independent testing, product trees, safety, and utility program. The program has not been tested in all situations in which it can be used. Yaunfang Software is in no way responsible for the results obtained while using the Program. Persons using the Program are responsible for its supervision, management and control. They are also responsible for, among others determining the appropriate method of using the Program and selecting other programs to the Program in order to achieve the intended results. People using the Program are responsible for developing appropriate,
Limitation of Liability:
In no event will Yuanfang Software be liable for any damages of any kind, whether resulting from tort or contract, including loss of data, profits, insurance costs, or other special, no-fault, consequential or indirect damages arising out of the use or improper use of the Program, regardless of the cause and basis of liability. This limitation will apply whenever Yuanfang Software or any authorized Dealer or Distributor is informed of the possibility of such damages.