This is a trial (temporary) license which allows you to use KissLog on-premises for testing purposes.
This license is a legal agreement (the “Agreement”) between KISS Software SRL (“We”, “Us”, “Vendor”) and you or the organization on whose behalf you are entering into this Agreement (“You”), and describes the terms and conditions for using KissLog on-premiess (“Software”, “KissLog”).
By downloading, installing, copying or otherwise using the Software, you accept the following terms and conditions. If you do not agree with any of the terms or conditions of the license agreement, do not proceed with downloading, copying, installing or any other use of the Software or Software components.
Terms and Definitions¶
“License” means the right provided by Us allowing You to use the Software.
1. Grant of License¶
This is a license agreement and not an agreement for sale. The software is licensed, not sold.
We reserve the ownership of the copy of the Software in your possession, and all the copies you may be licesed to make, including ownership of all the intellectual property rights inherent in or relating to the Software.
Subject to the terms and conditions of this Agreement, we grand you a revocable, non-exclusive, non-transferable TRIAL license for testing the Software in accordance with section 2 and 3 below.
This Trial license applies only if You have registered with Us for a Trial license of the Software, and shall be effective for ninety (90) consecutive days following the date of registration. You may only register for a Temporary Test License once in any six months period.
You agree not to use the Trial license for any purpose other than determining wheather to purchase a license to the Software. You are explicitly not permitted to distribute the Software to any user outside the Organization on whose behalf You have undertaken this license.
2. Installation and Hosting¶
You may install and host the Software in connection with unlimited domains, sub-domains, on unlimited servers, which are directly under Your control, for the sole purpose of testing the Software for the duration of the Trial period.
You may not redistribute the Software as part of a product, “appliance” or “virtual server”. You may not redistribute the Software on any server which is not directly under Your control.
3. Software Usage¶
The Software may only be used by applications, frameworks, or elements (collectively referred to as an “Application” or “Applications”) that You develop.
You are required to ensure that the Software is not used by or with any applications other than those with wich You develop.
You may not use the Software by Applications which are deployed in Production environment.
4. Restrictions and Copyright¶
UNDER NO CIRCUMSTANCES MAY THE SOURCE CODE OR THE COMPILED PRODUCT BE USED AS THE BASIS FOR A PRODUCT THAT CONTAINS THE SAME, OR SUBSTANTIALLY THE SAME, FUNCTIONALITY AS THE SOFTWARE.
The Software is protected by Romanian copyright laws and international copyright laws, as well as other intellectual property laws and treaties. Therefore, you must treat the Software like any other copyrighted material.
You may not:
1. copy or use the Software in any manner except as expressly permitted in this Agreement 1. install or host the Software on any server in excess of the section 2 1. transfer, sell, rent, lease, lend, distribute or sublicense the Software to any third party 1. reverse engineer, disassemble, or decompile the Software (except to the extent such restrictions are prohibited by law) 1. alter, modify, enhance or prepare any derivative work from or of the Software 1. alter or remove any proprietary notices in the Software 1. make available to any third party the functionality of the Software
5. Limited Warranty¶
NO WARRANTIES. We expressly disclaim any warranty for the Software. The Software and any related documentation is provided “as is” without warranty of any kind, either expressed or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not guarantee that the operation of the Software or the code it produces will be uninterrupted or error-free, and you acknowledge that it is not technically practicable for us to do so.
6. Limitation of Liability¶
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall We or our distributors be liable for any damages whatsoever including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use or inability to use the Software product, even if We have been advised of the possibility of such damages.
We or a certified auditor acting on Our behalf, may, upon its reasonable request and at its expense, audit You with respect to the use of the Software. Such audit may be conducted by mail, electronic means or through an in-person visit to Your place of business. Any such in-person audit shall be conducted during regular business hours at Your facilities and shall not unreasonably interfere with Your business activities. We shall not remove, copy, or redistribute any electronic material during the course of an audit. If an audit reveals that You are using the Software in a way that is in material violation of the terms of the License Agreement, then You shall pay Our reasonable costs of conducting the audit. In the case of a material violation, You agree to pay Us any amounts owing that are attributable to the unauthorized use. In the alternative, We reserve the right, at Our sole option, to terminate the licenses for the Software.
8. Third Party Software¶
The Software contains third party open-source software which requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are available at https://kisslog.net/Overview/Third-Party-Licenses, and are part of this Agreement. By accepting this Agreement, you are also accepting the additional terms and conditions, if any, set forth therein.
You agree to be identified as a customer of ours and You agree that We may refer to You by name, trade name and trademark, if applicable, and may briefly describe Your business in our marketing materials and web site.
You acknowledge that this License Agreement is complete and is the exclusive representation of our agreement. No oral or written information given by Us or on our behalf shall create a warranty or collateral contract, or in any way increase the scope of this License Agreement in any way, and You may not rely on any such oral or written information. No term or condition contained in any purchase order shall apply unless expressly accepted by Us in writing.