Kaon Interactive Inc. (“Kaon”) affords its users access to this Web site with the express requirement that all users adhere to Kaon’s use requirements as described herein. This Web site is the sole and exclusive property of Kaon and by accessing or using Kaon’s Web site or using or accessing Kaon’s products or services you agree to and are hereby bound by the terms and conditions of use described within Kaon’s Web site. Kaon reserves the right modify these terms and conditions at any time in its sole discretion.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
The software that is available through Kaon’s Web site for registration and download is copyright protected work that is exclusively owned by Kaon. Kaon’s software may only be accessed following the end-user’s agreement with Kaon’s end-user license agreement. Users are strictly and expressly prohibited from accessing, using, downloading, distributing, copying, selling, and/or licensing Kaon’s software in violation of the end-user license agreement.
This Web site and all of its contents are protected by copyright law and all other applicable state, federal and international regulations.
COPYRIGHT NOTICE: 2002-2014 Kaon Interactive Inc., Three Mill & Main Place, Suite 200, Maynard, MA 01754. All Rights Reserved. Use, duplication, or disclosure by the United States Government is subject to the restrictions contained in DFARS 252.227-7013 (1)(ii) and FAR 52.227-19.
The trademarks, logos, and service marks displayed on Kaon’s Web site or within any Kaon materials contained within Kaon’s Web site are the property of Kaon and or authorized third parties. Users are not permitted to use the trademarks, logos, and/or service marks without the prior written consent of Kaon or the third party owner of the trademarks, logos, and/or service marks.
Web Site Documents
Except as otherwise prohibited in Kaon’s Web site, or as otherwise prohibited by law, you may view and print the FAQs, fact sheets, white papers, press releases, and other informative Web-based written materials (the “Documents”) only that are contained in Kaon’s site, subject to your express agreement with the following items:
- Kaon, in its sole discretion, retains the absolute right to revoke your authorization to view, download, and/or print Kaon’s Documents at any time, and you agree that your use of the Documents shall immediately cease upon Kaon’s notice to you.
- The Documents may only be used for informational, personal, and internal purposes only, in a manner that is not competitive with Kaon’s interests, and none of Kaon’s Documents may be changed or altered in any way nor shall the Documents be distributed, sold, licensed to others or used in any manner for any commercial purpose without Kaon’s express consent.
- You agree that you will only use the Kaon Documents if they include Kaon’s copyright, trademark and other relevant intellectual property notices that identify Kaon as the sole and exclusive owner of the Documents.
- Under no circumstances shall you be permitted to print, use, reproduce, copy or display Kaon’s 3D images (or screen shots thereof), or the names or trademarks of Kaon’s customers without Kaon’s express written consent, nor shall you be permitted to use, access, copy, distribute, and/or publish Kaon’s products and/or services except as otherwise expressly permitted.
- The rights granted under this Web site constitute a license and not a transfer of title in any respect. Further, the rights described herein regarding permission to view, download, and print the Documents available on the Kaon Web site do not extend (nor shall they be construed to extend) rights to allow you or any third party to copy, imitate, reproduce, distribute, sell or license, the design or layout (in whole or in part) of Kaon’s Web site.
Various sections of Kaon’s Web site, such as Kaon’s 3D images, Software products, trademarks and logos, are works protected by copyright, trademark, patent and/or other proprietary laws, and are for display purposes only on Kaon’s Web site (or for registration and download in accordance with Kaon’s license agreement as applicable and permitted). Accordingly, you may not download or print these works unless there is a notice associated with the items expressly permitting such uses or except as otherwise described herein.
Portions of Kaon’s Web site contain public message boards that provide users with the ability to comment on aspects of Kaon’s products and/or services. Kaon reserves the right to monitor these message boards. These message boards are only to be used for appropriate and non-offensive communications relating to Kaon’s product. The communications on these message boards on Kaon’s Web site are not private and Kaon reserves the right, in its sole discretion, to delete and/or edit any contributions to the message boards.
WEB SITE CONDUCT
In using the Kaon Web site, including all products, services and Documents available through it, you agree:
- not to use, access, or attempt to use or access any Documents, technologies, software, products, services, and/or content without Kaon’s authorization;
- not to interfere with, harm, tamper with, interfere with the security of, or in any way cause harm to, the Kaon Web site or its contents or any of Kaon’s products and services and/or intellectual property or networks connected to or accessible through the Kaon Web site;
- not to send, transmit, upload, post or otherwise deliver through the Kaon Web site any viruses or other harmful files or computer materials;
- not to harm or interfere with any Kaon Web site user’s use or enjoyment of the Kaon, Documents and/or products.
NOTICE AND PROCEDURE RE: CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the provisions of the Digital Millennium Copyright Act (“DMCA”), Kaon will investigate claims of copyright infringement and take all appropriate steps necessary to promptly remove or prevent access to infringing material. Kaon’s Copyright Agent for notice of claims of infringement can be reached as follows:
Fax: (978) 268-5300
Telephone: (978) 823-0111
Kaon Interactive Inc.
Three Mill & Main Place
Maynard, MA 01754
EFFECTIVE NOTIFICATION OF A CLAIM OF INFRINGEMENT WILL INCLUDE THE FOLLOWING:
- the physical or digital signature of a person authorized to act on behalf of the owner of an allegedly infringed exclusive right;
- a clear description of the copyrighted work or works that you claim have been infringed and specific and clear identification of the material(s) in such copyrighted work(s) that is claimed to be infringing and that you are requesting is removed or to which you are seeking access to be disabled;
- a clear and concise description of the location or locations on Kaon’s Web site where the allegedly infringing material is contained and/or presented;
- sufficient information that will enable Kaon to contact you (name, address, telephone number, e-mail address, etc.);
- a statement of your good faith belief that the use of the information complained of is not authorized by the copyright owner or applicable law;
- your statement that your notice to Kaon of infringement is accurate and, under penalty of perjury, that you are the materials’ copyright owner or agent authorized to act on behalf of the copyright owner.
WARRANTIES & DISCLAIMERS
All products, services, documents and materials accessible through kaon’s web site are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, kaon makes no warranty that (i) Kaon’s products, services, documents and materials will meet your requirements; (ii) Kaon’s products, services, documents and materials will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the products, services, documents and materials will be effective, accurate, or reliable; (iv) the quality of any products, services, documents or materials purchased or accessible by you through the site will meet your expectations; and (v) any errors in the software obtained from or used through the site, or any defects in the site, its products, services, documents or materials, will be corrected. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. to the extent permissible, any implied warranties are limited to ninety (90) days.
LIMITATION OF LIABILITY
Under no circumstances shall Kaon, its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not Kaon has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this site, its products, services, documents, or materials, the statements or actions of any third party on or through the site, any dealings with vendors or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any services available through the site that are delayed or interrupted, or any web site referenced or linked to from this site. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the limitations and exclusions set forth above may not apply to you.