This end-user license agreement is a legal agreement between you (an individual or a single entity) and Manhattan Engineering Inc (“Kite”) for free, trial, and paid versions of Kite’s products.
Kite, as the licensor, grants you a non-exclusive right to use Kite’s services, website, editor plugins, desktop application, and/or other software (collectively, “software”) under the terms of the license. Kite reserves all rights not expressly granted to you. Kite retains the ownership of the software. The software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
Permitted uses and restrictions
Kite hereby grants you a personal, non-transferable, non-exclusive license to use the software on your devices in accordance with the terms of this agreement.
You are permitted to load the Kite software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Kite software.
You are not permitted to:
- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the software nor permit the whole or any part of the software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the software or attempt to do any such things
- Reproduce, copy, distribute, resell or otherwise use the software for any commercial purpose
- Allow any third party to use the software on behalf of or for the benefit of any third party
- Use the software in any way which breaches any applicable local, national or international law
- Use the software for any purpose that Kite considers is a breach of this agreement
Intellectual property and ownership
Kite shall at all times retain ownership of the software as originally downloaded by you and all subsequent downloads of the software by you. The software (and the copyright, and other intellectual property rights of whatever nature in the software, including any modifications made thereto) are and shall remain the property of Kite.
Kite reserves the right to grant licenses to use the software to third parties.
This agreement is effective from the date you first use the software and shall continue until terminated. You may terminate it at any time upon written notice to Kite.
It will also terminate immediately if you fail to comply with any term of this agreement. Upon such termination, the licenses granted by this agreement will immediately terminate and you agree to stop all access and use of the software. The provisions that by their nature continue and survive will survive any termination of this agreement.
Disclaimer of warranties
Kite expressly disclaims any warranty for software, which is provided ‘as is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose.
Limitation of liability
Kite or anyone else who has been involved in the creation, production, or delivery of this software cannot be liable for, and shall not pay any amount of incidental, consequential, direct or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the software). You assume the entire risk as to the quality and performance of the software.
The laws of the United States, excluding its conflicts of law rules, govern this license and your use of the software. Your use of the software may also be subject to other local, state, national, or international laws.