EQUIPMENT
WARRANTY CLAUSE
KZK POWDER
TECH CORP. ("KZK") warrants to the original Purchaser for
the duration of the WARRANTY PERIOD, as specified in the sale
contract, that the equipment offered or soled hereunder is free from
defects in material and workmanship at the time of shipment.
The
WARRANTY PERIOD extends for the time period as specified in the sale
contract from the day of shipment and is based on a single shift
equipment use. The parts and components of the equipment covered by
the WARRANTY are as listed in the sale contract.
KZK will
replace or repair at its expense at KZK's facility the equipment or
components which are covered by the WARRANTY and which KZK's
examination discloses to be defective in material or workmanship
within the WARRANTY PERIOD, provided:
1.
PURCHASER has retained ownership and custody thereof throughout the
WARRANTY PERIOD.
2. The
defects were not, in KZK's opinion, caused by accident, misuse,
abuse, or neglect.
3.
PURCHASER notifies KZK of the nature of the defect, in writing and
with reasonable precision.
4.
PURCHASER preserves the defective equipment and returns it to KZK,
freight prepaid, securely packed to avoid damage in transit.
Exceptions, if any, to this point are specified in the sale contract.
5.
PURCHASER does not alter or attempt to repair any such equipment or
components without KZK's prior written authorization. ANY VIOLATIONS
OF THIS CONDITION BY PURCHASER VOIDS KZK'S WARRANTY.
Limitations:
No Warranties, statutory, expressed or implied, other than those
expressly set forth in this WARRANTY CLAUSE, shall apply to equipment
and components sold by KZK hereunder, and no waiver, alteration, or
modification of the foregoing Warranties shall be valid, unless made
in writing and signed by an Officer of KZK, their liability arising
out of supplying the equipment sold hereunder or its use, whether on
warranties or otherwise, is expressly limited to replacing or
repairing any defecting equipment or components, and upon expiration
of the WARRANTY PERIOD, all such liability shall terminate. In no
event shall KZK be liable for loss of anticipated profit, loss of
production, non-operation or increased expense of operation of other
circumstances shall KZK's liability exceed the invoice amount of
goods shipped.
SOFTWARE
It
is our current practice to provide all of our customers with free
updates/upgrades of the basic driving programs for equipment
purchased from us. When a new update/upgrade is available, a note
will be posted on our News
& Updates page with the relevant details. We will also
send e-mail notes to customers that registered for that service. If
you wish to be on our notification list, please sent us e-mail with
your name and address.
COMPUTER
SOFTWARE LICENSE AGREEMENT
Subject to the provisions contained herein, KZK Powder Tech Corp.
("KZK") hereby grants you a non-exclusive license to use
its proprietary computer software product contained in this package ("Software").
SOFTWARE
& DOCUMENTATION. KZK shall furnish the Software to you on floppy
disks in machine-readable executable form and provide with the
Software KZK's standard user's manual ("Documentation")
containing instructions for operation and use of the Software.
LICENSE
TERMS. The term of this license commences upon delivery of the
Software to you and is perpetual unless earlier terminated upon
default by one of the parties or as otherwise set forth herein. The
Software can be reinstalled using the original floppy disks with the Software.
TITLE.
Title, and ownership rights, and intellectual property rights in and
to the Software and Documentation shall remain in KZK. The Software
is provided for your own use under this license. This license does
not include the right to sublicense. You acknowledge that the
Software source code remains a confidential trade secret of KZK and
therefore you agree not to attempt to decipher or decompile the
Software or develop a source code for the Software or knowingly allow
others to do so.
UPDATES.
This license does not grant you any rights , license, or interests in
any improvements, modifications, enhancements, or updates to the
Software and Documentation. Updates, if available, may be obtained at
KZK's then current applicable rates, charges and terms. This license
automatically extends to all updates supplied to you by KZK.
WARRANTY.
KZK warrants that for a period of one year from the date you
purchased a license to it, the Software, if operated as directed,
will substantially achieve the functionality described in the
Documentation. KZK does not warrant, however, that your use of the
Software will be uninterrupted or that the operation of the Software
will be error-free. KZK also warrants that the floppy disks
containing the Software, if provided by KZK, are free from defects in
material and workmanship and will so remain for the period of one
year from the date you purchased a license to it. During the one year
period, KZK warrants that the disks and binders contain a complete
copy of the indicated version of the Software and Documentation,
respectively. KZK's sole and exclusive obligation and liability for
any breach of this warranty shall be to replace your defective disks
or Documentation. Replaced Software and Documentation shall be
covered by this limited warranty for the period remaining under the
warranty that covered the original Software and Documentation. Only
if you inform KZK of your problems with the Software or Documentation
during the applicable warranty period will KZK be obligated to honor
this warranty. You must contact KZK by e-mail, fax, telephone or by
letter to inform KZK of your problem. This above is a limited
warranty and it is the only warranty made by KZK. KZK makes no other
expressed or implied warranty and expressly disclaims all warranties
of merchantability and fitness for a particular purpose. No KZK
dealer, agent, or employee is authorized to make any modifications,
extensions, or additions to this warranty. If any modifications are
made to the Software or Documentation by you during the warranty
period; if the disks or binder are subject to accident, abuse, or
improper use; or if you violate the terms of this Agreement, then
this warranty shall immediately be terminated.
RESTRICTED
USE. The Software and Documentation shall be used exclusively by you
and your qualified employees and consultants only when it resides on
your computer. An employee or consultant is qualified only if he or
she has executed an agreement or else is otherwise bound to abide by
the restrictions imposed upon you herein under "Title" and
"Restricted Use". You shall not allow others to use or have
access to the Software and Documentation, either directly or
indirectly, when loading on the computer. KZK hereby consents to your
making backup or archival copies of the Software and Documentation
and all such copies shall be subject to this Agreement. Any copies
must contain all of KZK's notices of copyrights, trademarks, other
proprietary rights, warranties, and liability limitations. You may
not modify the Software or Documentation or make derivative or
compilation works of them.
SUPPORT
AND TRAINING. Telephone support and on-site training, if available,
shall be provided at KZK's standard rates, charges and terms then in effect.
LIMITATION
OF LIABILITY. Your soul and exclusive remedies for any damage or loss
in any way connected with the Software or Documentation, whether by
KZK's breach of any express or implied warranty, negligence, or any
breach of any other duty, shall be replacement of the Software or
Documentation. Under no circumstances and under no legal theory,
tort, contract, or otherwise, shall KZK be liable to you or any other
person for any special, incidental, or consequential damages of any
character including, without limitation, damages for loss of good
will, work stoppage, computer failure or malfunction, or any and all
commercial damages.
TERMINATION.
Your obligation to protect the confidentiality of the Software and
Documentation shall survive any termination of this Agreement.
MISCELLANEOUS.
This Agreement represents the complete and exclusive statement of
the agreement concerning this license between the parties. This
Agreement shall be governed by and construed under Maryland law as
such law applies to agreements between Maryland residents entered
into and to be performed entirely within Maryland except as required
by U.S. Government rules and regulations to be governed by Federal law.
