This End User License Agreement (the “Agreement”) is a legal agreement between you, whether acting as an individual or on behalf of a business (the “User”), and the owner of the Kernel Video Sharing software (the “Copyright Holder”). The Agreement is deemed accepted by the User and becomes effective when the User pays the software license fee to the Copyright Holder, makes the license payment by any other available method, or begins using the Software. Please read this Agreement carefully before using the Software. If the User does not agree to any provision of this Agreement, the User may not use the Software in any way.

This Agreement takes effect when accepted and remains in effect for as long as the User continues to use the Software.

1.1. The subject of this Agreement is the right to use the Software granted to the User by the Copyright Holder under the terms and conditions set out below.

1.2. Every provision of this Agreement applies to the Software as a whole and to each of its components.

1.3. This Agreement does not transfer any ownership rights in the Software. It grants the User only the right to use the Software as specified in this Agreement under the domain name stated in the License.

2.1. LAMBERMONT LIMITED owns all proprietary rights and copyrights in and to the Software, including without limitation its source code, documentation and related materials.

2.2. The User may not remove, conceal or modify any copyright notices, trademark information or other notices of ownership or rights contained in the Software source code.

2.3. Any infringement of copyright or other rights relating to the use of the Software may be pursued under applicable law.

3.1. Under the Paid License, the User has the right to:
a) Use one (1) copy of the Software under the domain name specified in the License;
b) Modify the Software and/or integrate it with other software products if the User has been granted access to the Software source code;
c) Transfer the license rights to another party, change the licensed domain name and use additional services subject to the applicable commercial terms agreed between the User and the Copyright Holder;
d) Receive technical support through the Copyright Holder’s ticket system in accordance with its current customer support policies;
e) Receive Software updates in accordance with the Copyright Holder’s current update policies.

3.2. Under the Paid License, the User may not:
a) Use the Software under any domain name other than the domain name specified in the License;
b) Copy or distribute the Software or any of its parts or components;
c) Use the Software to distribute illegal content;
d) Use the Software to distribute child pornography; content depicting hatred, violence, bestiality, rape, death or caprography; deepfake or discriminatory content; or any content that infringes the rights of minors;
e) Circumvent or otherwise violate the technical restrictions of the License, including attempting to decode and/or decompile any encoded files supplied with the Software.

3.3. Additional Paid License Terms
a) The Software may be installed only on a server that fully meets the Software requirements;
b) The initial installation and any subsequent installations are performed by the Copyright Holder in accordance with its current installation and pricing policies;
c) Installation, changes to the licensed domain name, license transfers, package upgrades, updates and other additional services are provided within 3 business days (within 1 business day in most cases) after all required payments have been received and the User has provided all information and access details necessary to perform the service;
d) The License is deemed delivered when the Software is installed on the server or when an archive containing the Software and installation instructions is provided to the User. After delivery, the licensed domain name may be changed only through the paid license domain change service;
e) The Copyright Holder is not liable for delays caused by the User’s failure to provide the required information or by technical issues involving the User’s hardware;
f) The Copyright Holder reserves the right to refuse to grant a License to any party known to have violated the License terms in the past or when there is reasonable evidence that such a violation is planned.

a) The Rental License period begins on the date the rental payment is received and expires one month later. To extend the rental period, the User must pay for another period. Each renewal begins immediately after the previous Rental License period ends.
b) All terms and conditions of the Paid License apply throughout the Rental License period.
c) The User may switch to a Paid License at any time during the rental period by paying its full price.
d) After the Rental License expires, the User must renew it, switch to a Paid License or remove all components of the Software from the server.
e) The Copyright Holder may block or suspend the Software if the Rental License period has expired and payment for its renewal has not been received.

5.1. The Copyright Holder warrants that the Software will function as described in the documentation supplied with it. When necessary, the User may receive technical support for the purchased Software in accordance with the current technical support policies. The Software is provided “as is.” These warranties do not guarantee error-free or uninterrupted operation of the Software or the correction of every error by the Copyright Holder.

5.2. Regardless of the nature or cause of any direct or indirect loss or damage incurred by the User, the Copyright Holder’s total liability shall not exceed the license fee paid by the User.

6.1. Refunds are not provided. Before purchasing the Software, the User is encouraged to review all publicly available information, including the detailed product description, documentation, demo websites, server requirements, available technical support and other information concerning the Software and its use.

7.1. This Agreement remains in effect until terminated. The User may terminate it at any time by removing the Software together with all backup copies, modifications and components. The Copyright Holder may terminate the Agreement at its sole discretion if the User breaches any provision of this Agreement.

8.1. The Copyright Holder reserves the right to use hyperlinks to websites created with the Software for its own marketing purposes.

8.2. The source code of the KVS video player is not made available to the User.