Kali.net End User Agreement
(All persons
installing the Kali software accepted this
Agreement upon installation and are bound by
its terms)
*YOU MUST BE AT LEAST 13 TO ACCEPT THIS
LICENSE*
END USER LICENSE
1.
Definitions. The following definitions
apply to the terms as they appear in this
License:
· "Kali.net" means Kali.net, Inc.
· "Software" means the computer program and
documentation included in the file(s)
· "Kali.net System" means the combination of
client browser, servers and central tracker
software that comprises the Kali.net network
gaming system.
· "Demo Mode" means a version of the
Software in which the user will not have
full access to all features of the Software
and Kali.net System.
· "Full Functionality Mode" means a version
of the Software in which all functions
operate with no limitations.
2. Terms
of License. The Software is licensed by
Kali.net to you subject to the terms of this
License. Kali.net grants you a nonexclusive
license to:
· Load the Software onto your computer's
storage device from the media provided.
· Obtain from Kali.net serial numbers to
enable the purchased portion of the Software
to run in Full Functionality Mode.
· Allow others to run the Software in Demo
Mode, unless or until requested by Kali.net
not to do so.
You are
responsible for obtaining your own Internet
access and any related charges (if any).
Once serial numbers have been obtained from
Kali.net, the license to run the Software in
Full Functionality Mode may be assigned to
an individual or a computer, i.e, a single
individual may use the Software in several
locations, or several persons may
sequentially run the Software on the same
computer.
You must
be at least 13 years of age to accept this
License. Minors should access the Kali.net
System only by having their parent or legal
guardian register for them and open an
account that the parent or legal guardian
authorizes the minor to use. Kali.net may
require that the registrant provide
sufficient information to indicate that the
registrant is an adult. BY COMPLETING THE
REGISTRATION PROCESS, DOWNLOADING THE
SOFTWARE, AND CLICKING THE "I ACCEPT"
BUTTON, YOU ARE STATING THAT YOU ARE AT
LEAST 13 YEARS OF AGE OR A MINOR WITH
PARENTAL CONSENT TO USE THE KALI.NET SYSTEM,
AND THAT YOU AGREE TO BE BOUND BY ALL OF THE
TERMS AND CONDITIONS OF THIS LICENSE.
Kali.net
may elect at its sole discretion to monitor
some, all or none of the Kali.net System for
adherence to this License or for any other
reason.
3.
Copyright and Other Restrictions. The
Software is owned by Kali.net and is
protected by the United States copyright
laws and international treaty provisions.
You agree not to remove any copyright or
other proprietary or product identification
notices contained thereon. You agree that
you are receiving a copy of the Software by
license only and not by sale and that the
"first sale" doctrine of 17 U.S.C. §109 does
not apply to your receipt or use of the
Software. Kali.net retains all rights not
expressly granted. None of the components of
the Software (including the documentation)
may be copied, removed or altered, in whole
or part, for any unauthorized use. You may
not reverse engineer, translate, reverse
compile, reduce to human perceivable form,
port, modify or make derivative works of the
Software. You may not rent, disclose,
publish, sell, assign, lease, sublicense,
market, or transfer the Software or use it
in any manner not expressly authorized by
this License. You shall not derive or
attempt to derive the source code, source
files or structure of all or any portion of
the Software by reverse engineering,
disassembly, decompilation or any other
means.
4. Rules
of the Kali.net System. To ensure an
enjoyable experience for as many people as
possible, you agree to comply with generally
accepted standards of proper online
behavior. Kali.net reserves the right to
determine, in its sole discretion, what
constitutes generally accepted standards of
online behavior and may, without notice and
at any time, suspend or terminate your
access to the Kali.net System. Kali.net
reserves the right to exercise whatever
means it deems necessary to prevent
unauthorized access to our service,
including, but not limited to, technological
barriers, IP mapping, and direct contact
with your Internet Service Provider (ISP).
See the Kali.net
Player Guidelines for more details.
You may
not engage in conduct or communication while
using the Kali.net System which is unlawful
or which restricts or inhibits any other
user from using or enjoying the Kali.net
System. You agree to use the Kali.net System
only for lawful purposes. Kali.net reserves
the right, but does not assume the
responsibility, to restrict conduct which
Kali.net deems in its discretion to be
harmful to individual users, damaging to the
communities which use the Kali.net System,
or in violation of Kali.net's or any third
party's rights. You acknowledge, however,
that communication over the Kali.net System
and the Internet often occurs in real-time
and Kali.net cannot, and does not intend to,
screen communication in advance.
5.
Agreement. This License comprises the
entire agreement between Kali.net and you,
and supersedes any prior agreements between
you and Kali.net with respect to the subject
matter hereof or thereof. However, you are
subject to any additional terms and
conditions of which you are notified and/or
which may apply when using third party
content, software or Kali.net System.
Kali.net may revise this License at any
time, and such revision shall be effective
thirty (30) days after posting of the
revised License at this location. You agree
to review the License periodically to become
aware of such revisions. If any such
revision is unacceptable to you, you may
terminate this license as provided below.
Your continued use of the Kali.net System
following posting of the revised License on
the Kali.net website shall be conclusively
deemed to be acceptance of all such
revisions. The term "User" in this License
refers to any person or entity, including
you, that has entered into this License with
Kali.net.
6. User
Information.
(a) Serial numbers and Registration Codes.
Upon your registration of the Software, you
will be issued a serial number and
registration codes that will allow operation
of the Software in Full Functionality Mode.
You are responsible for maintaining the
confidentiality of your registration codes
and are liable for any harm resulting from
disclosing or allowing disclosure of any
registration codes or from use by any person
of your registration codes to gain access to
the Kali.net System. At no time should you
respond to an online request for your
registration codes or files containing the
registration codes.
(b)
User Names. Upon your registration of the
Software, you must choose one or more User
names to identify yourself to other Users.
You may not select or use a User name
already in use, or a name which violates any
third party's trademark right, copyright, or
other proprietary right, or which Kali.net
deems in its discretion to be vulgar or
otherwise offensive. Kali.net reserves the
right to delete any vulgar or otherwise
offensive User name, or to require deletion
thereof.
(c)
Former Users. Users whose accounts have
been terminated by Kali.net may not access
the Kali.net System in any manner or for any
reason without the express written
permission of Kali.net. Active Users may
not knowingly allow former Users who have
been terminated to use the active Users'
accounts.
(d) User
Privacy. It is Kali.net's policy to respect
the privacy of its Users. Please refer to
Kali.net’s Online Privacy Policy for more
information.
You
agree that Kali.net may access and disclose
any information about you or any content you
provide on our system if Kali.net believes
in good faith that such action is reasonably
necessary to enforce this License or its
copyright policy, to comply with the law, to
comply with legal process, to operate its
systems properly, to protect itself, its
Users, or others, or as stated in the
Privacy Policy.
7.
Disclaimer of Warranty. To the maximum
extent allowed by law, Kali.net, its
licensees and subcontractors do not warrant
any connection to, transmission over, nor
results or use of, any network connection or
facilities provided (or failed to be
provided) through the Kali.net System. User
is responsible for assessing its own
computer and transmission network needs, and
the results to be obtained therefrom.
YOU
EXPRESSLY AGREE THAT USE OF KALI.NET SYSTEM,
ALL SOFTWARE DISTRIBUTED BY KALI.NET, AND
THE INTERNET ARE AT YOUR SOLE RISK. THE
KALI.NET SYSTEM AND ALL SOFTWARE DISTRIBUTED
BY KALI.NET ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS AND WITHOUT WARRANTIES
OR CONDITIONS OF ANY KIND EITHER EXPRESS OR
IMPLIED.
TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, KALI.NET EXPRESSLY DISCLAIMS ALL
WARRANTIES AND CONDITIONS OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT OF
THIRD PARTY RIGHTS, AND THOSE ARISING FROM A
COURSE OF DEALING OR USAGE OF TRADE, WITH
RESPECT TO THE KALI.NET SYSTEM, ALL SOFTWARE
DISTRIBUTED BY KALI.NET, OR THE INTERNET.
KALI.NET MAKES NO WARRANTY THAT THE KALI.NET
SYSTEM WILL MEET YOUR REQUIREMENTS, NOR THAT
THE KALI.NET SYSTEM WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE. KALI.NET DOES
NOT MAKE ANY WARRANTY OR REPRESENTATION AS
TO THE USE OR THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF KALI.NET SYSTEM.
KALI.NET ASSUMES NO RESPONSIBILITY FOR ANY
DAMAGES SUFFERED BY USERS, INCLUDING, BUT
NOT LIMITED TO, FAILURE OF A GAME TO BE
PORTED TO KALI.NET DESPITE STATEMENTS TO THE
CONTRARY, LOSS OF DATA FROM DELAYS,
NONDELIVERIES, ERRORS, SYSTEM DOWN TIME,
MISDELIVERIES, NETWORK OR SYSTEM OUTAGES,
FILE CORRUPTION, OR SERVICE INTERRUPTIONS
CAUSED BY THE NEGLIGENCE OF KALI.NET, ITS
LICENSORS AND SUBCONTRACTORS, OR USER'S OWN
ERRORS AND/OR OMISSIONS. KALI.NET MAKES NO
WARRANTY THAT DEFECTS IN THE SOFTWARE WILL
BE CORRECTED OR THAT THE WEB SITE OR THE
SERVER THAT MAKES IT AVAILABLE IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
NO
ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM KALI.NET OR
THROUGH KALI.NET SYSTEM SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED HEREIN.
SOME
STATES DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF CERTAIN WARRANTIES OR
CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
8.
Limitation of Liability.
YOU ACKNOWLEDGE THAT KALI.NET SHALL NOT
ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION
BY KALI.NET OR OTHER LICENSORS WITH RESPECT
TO CONDUCT, COMMUNICATION OR CONTENT ON THE
KALI.NET SYSTEM. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, UNDER NO
CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE, SHALL KALI.NET BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, DAMAGES OR LOSS OF BUSINESS,
LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, OR ANY OTHER PECUNIARY
LOSS, EVEN IF KALI.NET HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES) IN
CONNECTION WITH THE KALI.NET SYSTEM OR WITH
ANY OTHER PRODUCT OR SERVICE PROVIDED BY
KALI.NET, OR RESULTING FROM THE USE OR THE
INABILITY TO USE THE KALI.NET SYSTEM, OR
FROM ANY GOODS OR SERVICES PURCHASED OR
OBTAINED OR TRANSACTION ENTERED INTO THROUGH
OR FROM THE KALI.NET SYSTEM, OR FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS, DATA, OR ACCOUNT.
YOU
SPECIFICALLY AGREE THAT KALI.NET IS NOT
RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE
FOR ANY THREATENING, DEFAMATORY, OBSCENE,
OFFENSIVE OR ILLEGAL CONDUCT OR SPEECH OF
ANY OTHER PARTY OR ANY INFRINGEMENT OR
VIOLATION OF ANOTHER'S RIGHTS, INCLUDING
INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF
PUBLICITY, OR RIGHTS OF PRIVACY.
KALI.NET'S ENTIRE LIABILITY AND YOUR
EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE
KALI.NET SYSTEM AND ALL SOFTWARE DISTRIBUTED
BY KALI.NET SHALL BE THE REPLACEMENT OF ANY
SOFTWARE DEVELOPED BY OR FOR KALI.NET WHICH
IS FOUND TO BE DEFECTIVE, USING MEDIA CHOSEN
BY KALI.NET. KALI.NET'S LIABILITY TO YOU FOR
BREACH OF THIS AGREEMENT IS LIMITED SOLELY
TO THE REGISTRATION FEE PAID BY YOU TO
REGISTER THE SOFTWARE AND ACCESS THE
KALI.NET SYSTEM. .
SOME
STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CERTAIN DAMAGES;
IN SUCH STATES KALI.NET'S LIABILITY IS
LIMITED TO THE MAXIMUM EXTENT PERMITTED BY
LAW.
9.
Indemnification. Upon request of Kali.net,
you agree to defend, indemnify and hold
harmless Kali.net, its affiliated companies,
licensees, and distributors from all
liabilities, claims and expenses, including
attorneys' fees, arising from breach of this
License by use of, or in connection with,
the transmission by or through your User
access of any Content on the Kali.net
System. Kali.net reserves the right, at its
own expense, to assume the exclusive defense
and control of any matter otherwise subject
to indemnification by you hereunder.
10.
EXPORT LAW.
This License is expressly subject to any
laws, regulations, orders or other
restrictions on the export from the United
States of America of the Kali.net System
technology or of information about the
Kali.net System technology that may be
imposed from time to time by the government
of the United States of America.
Notwithstanding anything contained in this
License to the contrary, you may not export
or reexport, directly or indirectly, any
Kali.net System technology or information
pertaining thereto to any country for which
an export license or other governmental
approval is required at the time of export
or reexport without first obtaining such
license or approval
11.
Termination. Either you or Kali.net may
terminate this License at any time. Your
only right with respect to any
dissatisfaction with any License term,
policy or practice of Kali.net in operating
the Kali.net System or change therein is to
terminate this License by notifying
Kali.net of your desire to terminate and
confirming such request in writing or
electronically if requested. Your notice of
termination will be effective upon receipt
by Kali.net, or upon receipt of confirmation
if confirmation is requested.
12.
Third Party Products and Kali.net System.
Kali.net does not endorse, warrant or
guarantee any product or service offered
through the Kali.net System by any third
party, will not be a party to or in any way
monitor any transaction between you and
third-party providers of products and will
not bear any responsibility for their
products, policies or actions.
13.
SPECIFIC PERFORMANCE.
Without limiting the rights of each party
hereto to pursue all other legal and
equitable rights available to such party for
the other party's failure to perform its
obligations under this License, you
acknowledge and agree that the remedy at law
for any failure to perform your obligations
hereunder or for your breach of the terms of
this License may be inadequate and you
further agree that Kali.net shall be
entitled to seek specific performance,
injunctive relief or other equitable
remedies in the event of any such failure or
breach. The prevailing party in any action
or proceeding to enforce or interpret this
License is entitled to recover reasonable
attorneys fees and disbursements.
14.
U.S. GOVERNMENT RESTRICTED RIGHTS.
To the extent applicable, the United States
Government shall only have those rights to
use the Software as expressly stated and
expressly limited and restricted in this
License, as provided in 48. C.F.R. §§
227.7202-1 through 227.7204. The Software
and all accompanying written materials are
provided with RESTRICTED RIGHTS. Use,
duplication, or disclosure by the Government
is subject to restrictions as set forth in
Restricted Rights in Technical Data and
Computer Clause at FAR 52.227-7013(c)(1)(ii)
or FAR 52.227-19. Contractor/manufacturer is
Kali.net Incorporated, PO Box 1642
Watkinsville, GA 30677.
15.
General Provisions. You may not use, copy,
modify, sublicense, rent, sell, assign or
transfer the license granted pursuant to
this License except as expressly provided in
this License. Any assignment in violation
of this License is void. If any provision of
this License is held to be unenforceable for
any reason, such provision shall be reformed
only to the extent necessary to make it
enforceable, and such decision shall not
affect the enforceability; (i) of such
provision under other circumstances, or (ii)
of the remaining provisions hereof under all
circumstances. The paragraph headings
contained in this License are for the
purposes of convenience only and are not
intended to define or limit the contents of
said paragraphs. Kali.net and you are
independent contractors under this License.
Kali.net's failure to enforce at any time
any of the provisions of this License shall
in no way be construed to be a present or
future waiver of such provisions, nor in any
way affect the right of any party to enforce
each and every such provision thereafter.
The express waiver by Kali.net of any
provision, condition or requirement of this
License shall not constitute a waiver of any
future obligation to comply with such
provision, condition or requirement.
Notwithstanding anything else in this
License, no default, delay or failure to
perform on the part of Kali.net shall be
considered a breach of this License if such
default, delay or failure to perform is
shown to be due to causes beyond the
reasonable control of Kali.net. If you
acquired this product in the United States,
this License is governed by the laws of the
State of Georgia (except for conflict of law
provisions). The application the United
Nations Convention of Contracts for the
International Sale of Goods is expressly
excluded.
You
acknowledge that you have read this License,
understand it, and agree to be bound by its
terms and conditions. This License
represents the complete and exclusive
statement of the agreements concerning the
Software and supersedes all prior agreements
between the parties.
Last
revised March 12, 2003
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