Kali.net
Online Gaming!
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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