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KPHT Systems, Inc. End User License Agreement for KtsDoclet. ------------------------------------------------------------ KPHT Systems, Inc. is willing to license the Software identified below to you only upon the condition that you accept all of the terms contained in this License Areement. By installing or using this Software, you accept the terms of the Agreement. If you do not read and agree to be bound by the terms and conditions of this Agreement, you are not permitted to keep or use the Software and must destroy all copies of Software which are in your possession. 1. DEFINITIONS. "KtsDoclet" means the Doclet developed by KPHT Systems, Inc. "Software" means KtsDoclet, all programs, object files, information files and documentation files which are part of KtsDoclet package. "You" and "your" refers to the individual or entity that wishes to use KtsDoclet. 2. LICENSE TO USE. Subject to the terms and conditions of this Agreement, KPHT Systems, Inc. grants you a non-exclusive, non-transferable, limited license without license fees to install and use internally Software, complete and unmodified, for the sole purpose of generating the documentation files. The documentation files generated by Software are owned by you and not by KPHT Systems, Inc. You assume full responsibility for the use and distribution of generated documentation files in strict compliance with applicable trademark, copyright and intellectual property laws. 3. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by KPHT Systems, Inc. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You may not sell, rent, lease, sublicense or distribute the Software without the explicit written consent of KPHT Systems, Inc. You acknowledge that Licensed Software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility. KPHT Systems, Inc. disclaims any express or implied warranty of fitness for such uses. 4. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY. THIS SOFTWARE IS PROVIDED "AS IS," WITHOUT A WARRANTY OF ANY KIND. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. KPHT SYSTEMS, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY THIRD PARTY AS A RESULT OF USING THIS SOFTWARE. IN NO EVENT WILL KPHT SYSTEMS, INC. BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF KPHT SYSTEMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL KPHT SYSTEMS, INC. LIABILITY TO LICENSEE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY LICENSEE FOR SOFTWARE UNDER THIS AGREEMENT. 5. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from KPHT Systems, Inc. if you fail to comply with any provision of this Agreement. 6. EXPORT REGULATIONS. The Software may be subject to export or import regulations. You agree to comply strictly with all such laws and regulations. You agree not to export or re-export the Software or any part thereof to any country for which a U.S. government agency requires an export license or other governmental approval without first obtaining such license or approval. 7. U.S. GOVERNMENT RESTRICTED RIGHTS. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions). 8. GOVERNING LAW. This agreement is governed by the California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. 9. ENTIRE AGREEMENT. You agree that this Agreement is the complete agreement for the Software and licenses, and this Agreement supersedes all prior or contemporaneous agreements or representations. If any term of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective. ------------------------------- For inquiries please contact: KPHT Systems, Inc. 420 Blossom Hill Rd, Ste 210 Los Gatos, California 95032 USA