Copyright since 2019 © Kepler - All Rights Reserved
This KEPLER END USER LICENSE AGREEMENT (hereinafter referred to as EULA) is a legal agreement between you, either an individual or a single entity, (hereinafter referred to as YOU or LICENSEE) and Kepler. (hereinafter referred to as Kepler) for the specific Kepler PRODUCT (hereinafter referred to as SOFTWARE PRODUCT) you have acquired or are using or accessing, which includes computer software and associated media and documentation. By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA.
If you do not agree with the present EULA, you are not authorized to install, to copy or to otherwise use the SOFTWARE PRODUCT. Obtaining the ownership of the material support of the SOFTWARE PRODUCT only, shall not grant you any right to install, to copy, to use, or to otherwise exploit the SOFTWARE PRODUCT.
The license granted by this EULA commences on the date that you install, copy or otherwise first use the SOFTWARE PRODUCT. The license shall be perpetual, except if otherwise expressly provided within the license type you acquire.
The SOFTWARE PRODUCT is licensed, not sold. The acceptance of any purchase order placed by you is expressly made conditioned on your assent to the terms set forth herein, and not those set by you within the purchase order. All rights of any kind, which are not expressly granted by the present EULA, are entirely and exclusively reserved to and by Kepler.
1) Grant of License
1.1) Standard License
Except as set forth below, this license grants you the non-exclusive and non-transferable right to install and use the copy of the SOFTWARE PRODUCT on your computer only, solely for your personal, non-commercial use. Any distribution, publication, or other attempt to share (including without limitation providing any content of the SOFTWARE PRODUCT through the Atlassian Marketplace or similar mechanism) or otherwise disclose SOFTWARE PRODUCT, or any work based on or including portions of the SOFTWARE PRODUCT, is expressly prohibited.
One License for the SOFTWARE PRODUCT may be shared or used concurrently on different computers only with the permission of KEPLER . If the SOFTWARE PRODUCT is installed on a network server or other system that physically allows shared access to the SOFTWARE PRODUCT, you agree to utilize technical or procedural methods to prevent use of the SOFTWARE PRODUCT by individuals not authorized to use the SOFTWARE PRODUCT pursuant to this EULA.
Any installation, partial or total, temporary or definitive, of any copy or any use of the SOFTWARE PRODUCT or of any parts of the SOFTWARE PRODUCT on computers that serve, may serve or are used without the appropriate license shall represent copyright infringement and shall be prosecuted.
KEPLER has the right to discontinue creating, releasing and providing content updates to the SOFTWARE PRODUCT. If KEPLER , in its sole discretion, chooses to cease releasing updates to the SOFTWARE PRODUCT, you are entitled to demand the source code of this acquired SOFTWARE PRODUCT.
You may, upon prior written notice to KEPLER , assign or otherwise transfer this EULA to the surviving entity as a result of a merger, acquisition or reorganization or a sale of substantially all of your assets or stock.
2) General rights and limitations
You may also store a copy of the SOFTWARE PRODUCT on one storage device or server, for back-up, cold stand-by or testing purposes as long as this storage device or server simultaneously fulfills all of the following conditions: (i) has a valid server license, (ii) holds the same server ID as the original server, and (iii) is used solely for non-production installations.
2.2) Ownership and Derivative works
KEPLER retains all right, title and interest, including all intellectual property rights, in and to the SOFTWARE PRODUCT and any and all related or underlying technology, and any modifications or derivative works of the foregoing created by or for KEPLER . In addition, KEPLER reserves all rights not expressly granted by this EULA including, without limitation, modification rights, translation rights, rights to source code etc. You are not allowed to create, or to allow creation of any kind of derivative works or products, from the SOFTWARE PRODUCT. You are strictly forbidden to add, change, modify, erase features and / or interfaces related to the SOFTWARE PRODUCT, or to in any other way create or alter such features and / or interfaces. You are also forbidden to allow any other individual or entity to add, change, modify, erase features and / or interfaces related to the SOFTWARE PRODUCT, or to in any other way create or alter such features and / or interfaces. You must obtain KEPLER ’s express, prior written approval to create derivative works of any kind from the SOFTWARE PRODUCT, of which approval may be withheld at KEPLER ’s sole discretion.
2.3) Reverse Engineering
You may not modify, translate, reverse engineer, recompile, disassemble or create derivative works based on the SOFTWARE PRODUCT, or any portion thereof.
You may not copy the SOFTWARE PRODUCT, or any portion thereof, except as expressly provided by this EULA.
You may not sell, loan, rent, lease or any other way transfer the SOFTWARE PRODUCT, or any portion thereof, except as expressly provided by this EULA.
2.6) Proprietary Notices
You may not remove, add or modify any proprietary notices, labels or marks on the SOFTWARE PRODUCT, or any portion thereof.
2.7) Use of KEPLER 's name
You may not use KEPLER 's name(s), logo(s), or trademark(s) in any manner including, without limitation, in your advertising or marketing materials.
You may not use any name or trademark confusingly similar to KEPLER or the SOFTWARE PRODUCT. In addition, you may not use any name or trademark confusingly similar to any KEPLER licensed third party. You may not interfere with or diminish KEPLER ’s right, title and/or interest in the KEPLER or licensed third party's trademark(s), trade name(s) or product name(s).
The license will automatically terminate if you fail to comply with the obligation and limitations herein described. On termination you must destroy all copies of the SOFTWARE PRODUCT and all component parts. There shall be no refund or adjustment for any amounts paid by you to KEPLER for the SOFTWARE PRODUCT destroyed in accordance with this Section 3. The provisions of this EULA which by their nature extend beyond the termination date of the EULA will survive and remain in effect and enforceable until all obligations are fully satisfied.
4) Limited warranty
This SOFTWARE PRODUCT and the accompanying files are provided as is and without warranties as to performance or merchantability or any other warranties whether expressed or implied. Because of the various hardware and software environments into which the SOFTWARE PRODUCT may be installed, no warranty or fitness for a particular purpose is offered.
Proper data processing procedure dictates that any program or SOFTWARE PRODUCT should be thoroughly tested with non-critical data prior to reliance on the program or SOFTWARE product. you hereby agree to assume the entire risk of using the program or software product.
KEPLER will use reasonable commercial efforts to provide solutions for any reported malfunctions. this is a limited warranty and it is the only warranty made by KEPLER . KEPLER makes no other warranty, representation, or condition, express or implied, and expressly disclaims the implied warranties of merchantability and fitness for a particular purpose, the duration of implied warranties or conditions, including without limitation, warranties or conditions of merchantability and of fitness for a particular purpose, is limited to the above limited warranty period. no KEPLER partner, distributor, or employee is authorized to make any modifications, extensions, or additions to this limited warranty. if you make any modifications to the software product during the warranty period, if the media is subjected to accident, abuse, or improper use, or if you violate the terms of this EULA, then this warranty shall immediately be terminated. this warranty shall not apply if the software product is used on or in conjunction with hardware or software other than the unmodified version of hardware and software which the software product was designed to be used as described in the documentation.
5) Limitation of liability
under no circumstances and under no legal theory, tort, contract, or otherwise, shall KEPLER or its partners or distributors be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, or for any damages in excess of KEPLER 's list price for a license to the software and documentation, even if KEPLER shall have been informed of the possibility of such damages, or for any claim by any other party. KEPLER ’s aggregate liability shall not exceed the amount actually paid by you to KEPLER for the software product.
6) Applicable Law