Terms and Conditions Server Use
IMPORTANT NOTICE -- READ CAREFULLY:
DO NOT ACCEPT UNTIL FULLY READING AND AGREEING TO THE FOLLOWING
This License For Customer Use of Halkyard Ltd. Software ("LICENSE") is the agreement which governs use of the software of Halkyard Ltd. (“Halkyard Tech”) key programming system ("SOFTWARE"). By downloading, installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this LICENSE. If you do not agree to the terms of this LICENSE, do not download, install or use the SOFTWARE.
RECITALS
Use of Halkyard Tech products requires three elements: the SOFTWARE, the hardware and a personal computer. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is not sold, and instead is only licensed for use, strictly in accordance with this document. The HARDWARE is protected by various patents, and is sold, but this LICENSE does not cover that sale, since it may not necessarily be sold as a package with the SOFTWARE. This LICENSE sets forth the terms and conditions of the SOFTWARE LICENSE only.
1. DEFINITIONS
1.1 Customer. Customer means the entity or individual that downloads, installs or uses the SOFTWARE.
2. GRANT OF LICENSE
2.1 Rights and Limitations of Grant. Halkyard Tech hereby grants Customer the following non-exclusive, non-transferable right to use the SOFTWARE, with the following limitations:
2.1.1 Rights. Customer may install and use one copy of the SOFTWARE on a single computer, and except for making one back-up copy of the Software, may not otherwise copy the SOFTWARE. This LICENSE of SOFTWARE may not be shared or used concurrently on different computers. No sharing of the SOFTWARE via any means of remote data access, or any similar technology which allows the use of the SOFTWARE from one machine whilst the HARDWARE is connected to another is allowed i.e. internet sharing of the product.
2.1.2, SOFTWARE will only be activated for one personal computer. Any further activations are at the sole discretion of Halkyard Tech.
2.1.3 Limitations.
No Reverse Engineering. Customer may not reverse engineer, decompile, or disassemble the SOFTWARE, nor attempt in any other manner to obtain the source code or internal workings thereof.
No Separation of Components. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer, nor otherwise used separately from the other parts.
No Rental. Customer may not rent or lease the SOFTWARE to someone else. Customer may not use the SOFTWARE via any internet sharing technique, whether for profit or not.
3. TERMINATION
This LICENSE will automatically terminate if Customer fails to comply with any of the terms and conditions hereof. In such event, Customer must destroy all copies of the SOFTWARE and all of its component parts. No refunds, in full or part, will be given in this event.
Defensive Suspension. If Customer commences or participates in any legal proceeding against Halkyard Tech, then Halkyard Tech may, in its sole discretion, suspend or terminate all license grants and any other rights provided under this LICENSE during the pendency of such legal proceedings.
4. COPYRIGHT
All title and copyrights in and to the SOFTWARE (including but not limited to all images, photographs, animations, video, audio, music, text, and other information incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by Halkyard Tech, except in the case of vehicle manufacturer logos and vehicle names used in the SOFTWARE which are used purely for vehicle identification usage, and Halkyard Tech asserts no affiliation with any vehicle manufacturer, or copyright ownership of said logos or vehicle names. The SOFTWARE is protected by copyright laws and international treaty provisions. Accordingly, Customer is required to treat the SOFTWARE like any other copyrighted material.
5. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY
5.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND Halkyard Tech AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHERWHETHER EXPRESS OR, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND, FITNESS FOR A PARTICULAR PURPOSE. , TITLE, AND NON-INFRINGEMENT.
5.2 No Liability for Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Halkyard Tech OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF Halkyard Tech HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. MISCELLANEOUS
If any provision of this LICENSE is inconsistent with, or cannot be fully enforced under, the law, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law. This LICENSE is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supercedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. This LICENSE may only be modified in writing signed by an authorized officer of Halkyard Tech. Customer agrees that it will not ship, transfer or export the SOFTWARE into any country, or use the SOFTWARE in any manner, prohibited under any export laws, restrictions or regulations. Customer agrees not to use the SOFTWARE for any illegal purpose. Any such activity will be reported to relevant authorities, and the LICENSE immediately terminated.
DO NOT ACCEPT UNTIL FULLY READING AND AGREEING TO THE FOLLOWING
This License For Customer Use of Halkyard Ltd. Software ("LICENSE") is the agreement which governs use of the software of Halkyard Ltd. (“Halkyard Tech”) key programming system ("SOFTWARE"). By downloading, installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this LICENSE. If you do not agree to the terms of this LICENSE, do not download, install or use the SOFTWARE.
RECITALS
Use of Halkyard Tech products requires three elements: the SOFTWARE, the hardware and a personal computer. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is not sold, and instead is only licensed for use, strictly in accordance with this document. The HARDWARE is protected by various patents, and is sold, but this LICENSE does not cover that sale, since it may not necessarily be sold as a package with the SOFTWARE. This LICENSE sets forth the terms and conditions of the SOFTWARE LICENSE only.
1. DEFINITIONS
1.1 Customer. Customer means the entity or individual that downloads, installs or uses the SOFTWARE.
2. GRANT OF LICENSE
2.1 Rights and Limitations of Grant. Halkyard Tech hereby grants Customer the following non-exclusive, non-transferable right to use the SOFTWARE, with the following limitations:
2.1.1 Rights. Customer may install and use one copy of the SOFTWARE on a single computer, and except for making one back-up copy of the Software, may not otherwise copy the SOFTWARE. This LICENSE of SOFTWARE may not be shared or used concurrently on different computers. No sharing of the SOFTWARE via any means of remote data access, or any similar technology which allows the use of the SOFTWARE from one machine whilst the HARDWARE is connected to another is allowed i.e. internet sharing of the product.
2.1.2, SOFTWARE will only be activated for one personal computer. Any further activations are at the sole discretion of Halkyard Tech.
2.1.3 Limitations.
No Reverse Engineering. Customer may not reverse engineer, decompile, or disassemble the SOFTWARE, nor attempt in any other manner to obtain the source code or internal workings thereof.
No Separation of Components. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer, nor otherwise used separately from the other parts.
No Rental. Customer may not rent or lease the SOFTWARE to someone else. Customer may not use the SOFTWARE via any internet sharing technique, whether for profit or not.
3. TERMINATION
This LICENSE will automatically terminate if Customer fails to comply with any of the terms and conditions hereof. In such event, Customer must destroy all copies of the SOFTWARE and all of its component parts. No refunds, in full or part, will be given in this event.
Defensive Suspension. If Customer commences or participates in any legal proceeding against Halkyard Tech, then Halkyard Tech may, in its sole discretion, suspend or terminate all license grants and any other rights provided under this LICENSE during the pendency of such legal proceedings.
4. COPYRIGHT
All title and copyrights in and to the SOFTWARE (including but not limited to all images, photographs, animations, video, audio, music, text, and other information incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by Halkyard Tech, except in the case of vehicle manufacturer logos and vehicle names used in the SOFTWARE which are used purely for vehicle identification usage, and Halkyard Tech asserts no affiliation with any vehicle manufacturer, or copyright ownership of said logos or vehicle names. The SOFTWARE is protected by copyright laws and international treaty provisions. Accordingly, Customer is required to treat the SOFTWARE like any other copyrighted material.
5. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY
5.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND Halkyard Tech AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHERWHETHER EXPRESS OR, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND, FITNESS FOR A PARTICULAR PURPOSE. , TITLE, AND NON-INFRINGEMENT.
5.2 No Liability for Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Halkyard Tech OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF Halkyard Tech HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. MISCELLANEOUS
If any provision of this LICENSE is inconsistent with, or cannot be fully enforced under, the law, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law. This LICENSE is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supercedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. This LICENSE may only be modified in writing signed by an authorized officer of Halkyard Tech. Customer agrees that it will not ship, transfer or export the SOFTWARE into any country, or use the SOFTWARE in any manner, prohibited under any export laws, restrictions or regulations. Customer agrees not to use the SOFTWARE for any illegal purpose. Any such activity will be reported to relevant authorities, and the LICENSE immediately terminated.