Please read the following terms and conditions of this agreement carefully before using the KATS program.
This software license is provided by ITASCA Chile SpA ("ITASCA"). ITASCA and its licensors own all intellectual property in the software. ITASCA permits you to use the software only in accordance with the terms of this agreement. You assume responsibility for the selection of the software to achieve your intended results and for the use of and the results obtained from the software.
This End User License Agreement ("EULA" or "Agreement") is a legal agreement between you (either an individual or an entity) and ITASCA for the use of the KATS software-as-a-service product ("KATS"). By accessing or using KATS, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not access or use KATS.
Subject to the terms and conditions of this Agreement, ITASCA hereby grants you a limited, non-exclusive, non-transferable license to access and use KATS for your internal business purposes, solely during the term of your subscription. Please notice that a standard license allows one instance of the software to be run from a single computer.
Your subscription to KATS will commence on the date you register for the service and will continue for a period of one year ("Subscription Term"), unless terminated earlier in accordance with the terms of this Agreement. The subscription will be renewed automatically unless you provide advanced notice of its cancellation.
The license is effective as indicated under the purchasing terms or until terminated following the definitions outlined in Section 10.0. It will also terminate if you fail to comply with any term or condition of this agreement. Upon termination of the agreement, ITASCA will delete all the information associated to the account.
KATS is provided "as-is" and ITASCA makes no warranties, express or implied, regarding merchantability, fitness for a particular purpose, or non-infringement.
Itasca will correct any errors in the software at no charge for twelve (12) months after the purchase date of the license. Notification of a suspected error must be made in writing, with a complete listing of the input and output files and description of the error. If, in the judgment of Itasca, the software does contain an error, ITASCA will correct the code and provide a reasonable rebate in the next license renewal period. This warranty does not apply to demonstration versions (see below).
If and only if the software is granted by ITASCA to be used in demonstration mode, the terms of this agreement apply in all respects with the following exception. The software is provided "as- is" and Itasca bears no responsibility to provide support for the software. You acknowledge that the software may contain bugs, errors or other problems for which Itasca disclaims any warranty or liability obligations.
You agree to pay the applicable subscription fees for your use of KATS as set forth in the pricing plan provided by ITASCA. Payment shall be made annually in advance, unless otherwise agreed upon by the parties.
You shall not:
ITASCA retains all rights, title, and interest in and to KATS, including all intellectual property rights therein. This Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to KATS except as expressly stated herein.
ITASCA assumes no liability whatsoever with respect to any use of the software or any portion thereof or with respect to any damages or losses that may result from such use, including (without limitation) loss of time, money or goodwill that may arise from the use of the software (including any modifications or updates that may follow). In no event shall ITASCA be responsible for any indirect, special, incidental or consequential damages arising from the use of the software.
ITASCA will not be responsible or liable if access to the software is disrupted by internet outage or any other reason.
During the Subscription Term, ITASCA shall provide you with support and maintenance services for KATS in accordance with its standard support policies and procedures.
Software support includes providing email and telephone support, at no charge, to assist the license owner in accessing the platform for running the software. Additionally, limited general assistance may be provided in aiding the license owner in understanding the capabilities of the various features of the software. However, no-cost assistance is not provided for help in applying KATS to specific user-defined problems.
Technical support covering analysis questions, applications, definitions, interpretation of results, design guidelines, etc., can be purchased as consulting services from ITASCA on an as-needed basis. In all instances, the user is encouraged to send the problem description to ITASCA by electronic mail in order to minimize the amount of time spent trying to define the problem.
Itasca reserves the right to determine what qualifies as no-cost assistance and what requires payment.
Either party may terminate this Agreement upon written notice if the other party breaches any material term of this Agreement and fails to cure such breach within thirty (30) days following written notice thereof.
In addition to the termination rights provided herein, you, as the licensee, may voluntarily terminate this Agreement upon providing written notice to ITASCA at least thirty (30) days prior to the desired termination date. Upon such voluntary termination, you shall remain liable for any outstanding fees or obligations accrued prior to the termination date. Upon termination, your access to the KATS account shall immediately cease.
In the event of termination by ITASCA under this section, no refund of subscription fees shall be provided to the licensee.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, relating to such subject matter.
By accessing or using KATS, you acknowledge that you have read and understood this Agreement and agree to be bound by its terms and conditions.
Itasca reserves the right, at its discretion, to change, modify, add or remove portions of this EULA by posting the updates to it on the KATS website. You will be deemed to have accepted such changes by continuing to use the Itasca software.
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Chile.