King-Devick technologies, inc.
End User License Agreement

Effective: May 25, 2018

This is agreement between You and King-Devick technologies, inc. and governs Use of King-Devick technologies Software. “You” and “Your” is defined as entity licensing the Software under this EULA. “Use” or “Using” is defined as download, activate, or access of the Software. “Software” means the King-Devick Software and any Upgrades made available to You by an Approved Source and licensed to You by King-Devick technologies, inc. “Documentation” is the King-Devick user or technical manuals and training materials and made available to You by Approved Source. “Entitlement” means the license detail; including duration and quantity provided by Approved Source.

  1. Acceptance of Terms. By Using the Software, You agree to be bound by the terms of the EULA. If you do not agree with the terms of this EULA, do not install or use the Software.
  2. License. Subject to compliance with this EULA, King-Devick technologies, inc. grants You a limited, non-exclusive and non-transferable license to Use versions of the Software and Documentation solely for Your operations. Your license is valid solely for the applicable term in Entitlement. Your right to use the Software begins on the date the Software is made available for access and continues until the end of the specified term, unless otherwise terminated in accordance with this Agreement.
  3. Copyright. All title and copyrights in and to the Software (including but not limited to images, photographs, documents, and printed materials) are owned by King-Devick technologies, inc. The Software is protected by copyright laws and international treaty provisions.
  4. Limited Warranty and Disclaimer.
    1. Limited Warranty. King-Devick technologies, inc. warrants that the Software will substantially conform to the applicable Documentation for the longer of ninety (90) days following the date the Software is made available. King-Devick technologies, inc. will use commercially reasonable efforts to deliver You Software free from any viruses or defects. Any risk arising out of use or performance of the Software remains with You.
    2. Exclusive Remedy. At King-Devick technologies, inc. option and expense, King-Devick technologies, inc. may repair, replace, or cause the refund of the license fees paid for the non-conforming Software. This remedy is conditioned on You reporting the non-conformance in writing to Your Approved Source within the outlined refundable period.

    King-Devick technologies, inc. does not warrant that the Software will operate uninterrupted or error-free or that all errors will be corrected. In addition, King-Devick technologies, inc. does not warrant that the Software or network on which the Software is used will be free of vulnerability to intrusion or attack.

  5. Limitations or Exclusions of Liability. In no event shall King-Devick technologies, inc. be liable for the following, regardless of the theory of liability or whether arising out of the use or inability to use the Software: any special, consequential, incidental, or indirect damages whatsoever (including, without limitation, loss or corruption of data or any other loss).
  6. Upgrades and Additional Licenses of Software. You are not permitted to Use Upgrades unless You, at the time of acquiring such Upgrade already hold a valid license to the original version of the Software, are in compliance with such license, and have paid the applicable fee for the Upgrade.
  7. Support and Maintenance. “Support” is defined as King-Devick technologies, inc. obligation to respond to support requests. “Maintenance” is defined as King-Devick technologies, inc. obligation to error resolution, bug fixes, updates and upgrades. Live Support will be provided on business days (Monday through Friday, 8:30am-5:30pm Central Standard Time), and excluding national holidays. Support inquiries submitted by You outside of hours of operation noted above will be answered on the next business day or within a 48-hour period. Maintenance will occur as needed during off hours to minimize disruption of services.
  8. More Information. For more information on data privacy or security processes, please contact help@kingdevicktest.com.