1. General Copyright. Any Software purchased from this site is the proprietary copyrighted material of The Kerry Company and use of the Software is subject to the terms and conditions set forth herein. Except as expressly provided herein, The Kerry Company and its suppliers do not grant any express or implied right under any patents, copyrights, trademarks, or trade secret information of The Kerry Company or its suppliers. Any reproduction, distribution, transmission, or publication of the software or its underlying code is expressly prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent of the law.
2. Deployment. Users may not modify the code to make the Software fit into their site or to add functionality and may not re-distribute any part of the code. Additionally, users must leave the copyright information intact in each of the source files, and cannot use any of this code in other projects without the prior written consent of The Kerry Company. Users may deploy this software on one site only, and are prohibited from using it to host solutions for more than one web site.
3. Warranties. All software is provided "as is" without any express or implied warranties. The Kerry Company hereby disclaims all warranties and conditions with regard to the software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall The Kerry Company or its suppliers be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from any procurement of substitute goods or services, any business interruption, including any interruption in use or performance of the software as a result of any third party's action, or any loss of use, data, or profits, whether in any action of contract, negligence, or other tortuous action arising out of or in connection with the use or performance of software provided from The Kerry Company, Inc, even if The Kerry Company is advised of the possibility of such damage. The Kerry Company may make improvements and/or other changes to the software at any time without notice.
4. Responsibility. User agrees that The Kerry Company will not be responsible for any threatening, defamatory, obscene, illegal, or offensive content or conduct of any other party or any infringement of another's rights, including intellectual property rights. User agrees that The Kerry Company is not responsible for any content procured or sent using the software in any way.
5. Indemnification. Users indemnify and hold harmless The Kerry Company and its suppliers, subsidiaries, parent companies, officers, and employees harmless from any claim or demand for damages, including reasonable attorney's fees, asserted by the User and any third party due to or arising out of the user's use of the software.
6. Governing Law. The laws of the District of Columbia and the United States of America govern this agreement. Those who purchase this software in other countries do so at their own volition and are responsible for compliance with local law. Users cannot use or export this software in violation of US exports laws and regulations
7. No Joint Venture. User agrees that no joint venture, partnership, employment, or agency relationship exists between the User and The Kerry Company as a result of this agreement or the use of the software. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, it shall not affect the validity of the entire agreement. Additionally, such invalid provision shall be deemed superseded by a valid, enforceable provision and the remainder of the agreement shall continue in effect. Unless other specified herein, this agreement represents the entire agreement between the user and The Kerry Company related to the software and supersedes any and all prior or contemporaneous communications between the user and The Kerry Company.
8. No Waiver of Rights. No delay or failure to take action represents a waiver of the rights inherent to The Kerry Company
By purchasing a copy of this software you are agreeing to this license.
Any and all rights not expressly granted herein are reserved.
Copyright The Kerry Company 2006