» version 5.21 - posted on 2007-09-01
Full Unicode Support and Windows-Vista compliance
» version 5.1 - posted on 2006-05-25
Enhanced multi-lingual support and machine translation capabilities
EULA - End User License Agreement
SUBJECT SEARCH SITER and E-mail Extractor (TM) SOFTWARE END-USER LICENSE AGREEMENT
This Agreement has 3 parts. Part I applies if you have not purchased a license
to the Subject Search Siter and E-Mail Extractor Software (hereafter, the SOFTWARE). Part II
applies if you have purchased a license to the Software. Part III applies to
all license grants. If you initially acquired a copy of the Software without
purchasing a license and you wish to purchase a license, contact Kryloff
Technologies, Inc. on the Internet at http://www.kryltech.com.
PART 1 -- TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID (LIMITED TO
You should carefully read the following terms and conditions before using the
accompanying software. Unless you have a different license agreement signed by
Kryloff Technologies, Inc. your use of the Software indicates your acceptance
of this license agreement. This license is personal to you and you agree not
to assign your rights herein.
Kryloff Technologies, Inc. (hereafter, "Kryloff") grants you a non-exclusive,
non-transferable, non-sublicensable license to use this copy of the Subject
Search Siter Software in binary executable form for thirty days for the
purposes of trial use and evaluating whether to purchase a license to the
commercial version of Subject Search Siter.
If you are using the Software free of charge under the terms of this
Agreement, you are not entitled to hard-copy documentation, and support or
DISCLAIMER OF WARRANTY. Free of charge Software is provided on an "AS IS"
basis, without warranty of any kind, including without limitation the
warranties of merchantability, fitness for a particular purpose and
non-infringement. The entire risk as to the quality and performance of the
Software is borne by you. Should the Software prove defective, you and not
Kryloff assume the entire cost of any service and repair. In addition, the
security mechanisms implemented by Kryloff Software have inherent limitations,
and you must determine that the Software sufficiently meets your requirements.
This disclaimer of warranty constitutes an essential part of the agreement.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS
DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY
PART II -- TERMS APPLICABLE WHEN LICENSE FEES PAID
GRANT. Subject to payment of applicable license fees, KRYLOFF grants to you a
non-exclusive license to use the Software and accompanying documentation
("Documentation") in the manner described in Part III below under "Scope of
Kryloff warrants that for a period of ninety (90) days from the date of
acquisition, the Software, if operated as directed, will substantially achieve
the functionality. Kryloff does not warrant, however, that your use of the
Software will be uninterrupted or that the operation of the Software will be
error-free or secure. In addition, the security mechanisms implemented by
Kryloff software have inherent limitations, and you must determine that the
Software sufficiently meets your requirements. Kryloff also warrants that the
media containing the Software, if provided by Kryloff, is free from defects in
material and workmanship and will so remain for ninety (90) days from the date
you acquired the Software. Kryloff''s sole liability for any breach of this
warranty shall be, in Kryloff''s sole discretion: (i) to replace your defective
media; or (ii) to advise you how to achieve substantially the same
functionality with the Software as described in the Documentation through a
procedure different from that set forth in the Documentation; or (iii) if the
above remedies are impracticable, to refund the license fee you paid for the
Software. Repaired, corrected, or replaced Software and Documentation shall be
covered by this limited warranty for the period remaining under the warranty
that covered the original Software, or if longer, for thirty (30) days after
the date (a) of shipment to you of the repaired or replaced Software, or (b)
Kryloff advised you how to operate the Software so as to achieve the
functionality described in the Documentation. Only if you inform Kryloff of
your problem with the Software during the applicable warranty period and
provide evidence of the date you purchased a license to the Software will
Kryloff be obligated to honour this warranty. Kryloff will use reasonable
commercial efforts to repair, replace, advise or, for individual consumers,
refund pursuant to the foregoing warranty within 30 days of being so notified.
THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY KRYLOFF.
KRYLOFF MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF NONINFRINGEMENT OF
THIRD PARTIES'' RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT
LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR
PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME JURISDICTIONS
DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS
MAY NOT APPLY TO YOU. NO KRYLOFF DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO
MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.
If any modifications are made to the Software by you during the warranty
period; if the media is subjected to accident, abuse, or improper use; or if
you violate the terms of this Agreement, then this warranty shall immediately
be terminated. This warranty shall not apply if the Software is used on or in
conjunction with hardware or software other than the unmodified version of
hardware and software with which the software was designed to be used as
described in the Documentation.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL
RIGHTS THAT VARY BY JURISDICTION.
PART III -- TERMS APPLICABLE TO ALL LICENSE GRANTS
SCOPE OF GRANT.
* use the Software personally on one computer;
* use the Software on a network, provided that each person accessing the
Software through the network must have a copy licensed to that person
* copy the Software for archive purposes, provided any copy must contain all
of the original Software''s proprietary notices.
You may not:
* permit other individuals to use the Software except under the terms listed
* modify, translate, reverse engineer, decompile, disassemble (except to the
extent applicable laws specifically prohibit such restriction), or create
derivative works based on the Software;
* copy the Software other than as specified above;
* rent, lease, grant a security interest in, or otherwise transfer rights to
the Software; or
* remove any proprietary notices or labels on the Software.
TITLE. Title, ownership rights, and intellectual property rights in the
Software shall remain in Kryloff Technolgies and/or its suppliers. The
Software is protected by international copyright laws and treaties. Title and
related rights in the content accessed through the Software is the property of
the applicable content owner and may be protected by applicable law. This
License gives you no rights to such content.
TERMINATION. The license will terminate automatically if you fail to comply
with the limitations described herein. On termination, you must destroy all
copies of the Software.
EXPORT CONTROLS. None of the Software or underlying information or technology
may be downloaded or otherwise exported or re-exported (i) into (or to a
national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country
to which the U.S. has embargoed goods; or (ii) to
anyone on the U.S. Treasury Department''s list of Specially Designated
Nationals or the U.S. Commerce Department''s Table of Denial Orders. By
downloading or using the Software, you are agreeing to the foregoing and you
are representing and warranting that you are not located in, under the control
of, or a national or resident of any such country or on any such list.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
TORT, CONTRACT, OR OTHERWISE, SHALL KRYLOFF OR ITS SUPPLIERS OR RESELLERS 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. IN NO EVENT WILL KRYLOFF BE LIABLE
FOR ANY DAMAGES IN EXCESS OF THE AMOUNT KRYLOFF TECHNOLGIES RECEIVED FROM YOU
FOR A LICENSE TO THE SOFTWARE, EVEN IF KRYLOFF TECHNOLOGIES, INC. SHALL HAVE
BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY
OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND
EXCLUSION MAY NOT APPLY TO YOU.
HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed,
manufactured or intended for use or resale as on-line control equipment in
hazardous environments requiring fail-safe performance, such as in the
operation of nuclear facilities, aircraft navigation or communication systems,
air traffic control, direct life support machines, or weapons systems, in
which the failure of the Software could lead directly to death, personal
injury, or severe physical or environmental damage ("High Risk Activities").
Kryloff and its suppliers specifically disclaim any express or implied
warranty of fitness for High Risk Activities.
MISCELLANEOUS. If the copy of the Software you received was accompanied by a
printed or other form of "hard-copy" End User License Agreement whose terms
vary from this Agreement, then the hard-copy End User License Agreement
governs your use of the Software. This Agreement represents the complete
agreement concerning this license and may amended only by a writing executed
by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS
EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND
NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held
to be unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. This Agreement shall be governed by the laws
of the United States of America (except for conflict of law provisions). The
application the United Nations Convention of Contracts for the International
Sale of Goods is expressly excluded.
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the
Government is subject to restrictions set forth in subparagraphs (a) through
(d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when
applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, and in
similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Kryloff