The present Agreement is a legal agreement entered by you, either as a private individual or as a business, further referred to as the User, and the owners of Kernel Video Sharing software, further referred to as the Copyright Holder. The present Agreement shall be deemed in effect and fully accepted by you, the User, as soon as you transfer the software license payment to the Copyright Holder's account, or make the software license payment in any other way, or start using the Software. Please study the terms and conditions of this Agreement prior to any use of the Software. If you do not agree to be bound by at least one of the conditions of the present Agreement, you are not allowed to use the software in any possible way.
The License Agreement shall be deemed as being effective as soon as you accept it; the Agreement shall stay in effect for as long as the User keeps using the Software.
1. Subject of the Agreement
1.1. The subject of the present Agreement shall be the right to use the Software granted to the User by the Copyright Holder. This right is granted under the terms and conditions defined further in this Agreement.
1.2. All the terms and conditions of the present Agreement shall cover the Software as a whole and all and any its components as well.
1.3. The present Agreement shall not grant any ownership rights over the Software. The rights granted shall be limited only to the rights to use the Software as defined further in the present License under a domain name specified in the License Agreement.
2.1. KernelCo LTD shall be the sole owner of all and any ownership, author and copyrights in regard to the Software, including but not limited to the source code, any and all documentation, and other materials.
2.2. The User cannot remove, obscure or modify any and all copyright notices, trademark information and any other indications of copyright and other rights contained in the source code of the Software.
2.3. If a violation of copyrights or any other rights in regard to the usage of the Software is found, such violation shall be persecuted under current applicable laws.
3. Paid License conditions
3.1. According to the conditions of the Paid License, the User has the right to:
a) Use 1 (one) copy of the Software under the domain name specified in the present License;
b) Modify the Software and/or integrate it with other software products, if the User is granted the right to access the source code of the Software;
c) Transfer license rights to other parties, change the domain name, use other additional services in accordance with the commercial arrangement between the User and the Copyright Holder;
d) Receive technical support through the Copyright Holder's trouble ticket system, as defined by the Copyright Holder's current customer support policies;
e) Receive updates of the Software, as defined by the Copyright Holder's current update policies.
3.2. Under the present Paid License, the User is not allowed to:
a) Use the Software under domain names not specified in the present License;
b) Copy and distribute the Software and any and all of its parts and components;
c) Use the Software to distribute illegal content;
d) Use the Software to distribute child pornography, hateful, violent, bestiality, rape, death, discriminating content or content infringing upon the rights of minors;
e) Technically violate the conditions of the present License, including any attempts at decoding and/or decompiling encoded files, if such files are provided.
3.3. Other Conditions:
a) The Software can and will be installed only on a server which is fully compliant with the requirements of the Software;
b) Initial installation and any further installations are carried out by the Copyright Holder in accordance with the current pricing policies;
c) Installation, changing of the licensed domain name, transferring the license to other parties, switching to a different pricing plan, updates and other additional services are provided within 3 business days (1 business day in most cases), starting on the day the payment for such services was fully received and all necessary details and information required to provide such services was supplied by the User;
d) License transfer occurs when the software is installed on the server, or the archive with the software and installation instructions is transferred to the client. Hereafter, the licensed domain name can only be changed through the licensed domain name change service. Charges apply.
e) The Copyright Holder shall not be held responsible for any delays in operation occurring due to lack of required information supplied by the User, or in case any technical issues arise on the User's hardware;
f) The Copyright Holder reserves the right to deny granting the License to parties known to violate the conditions of the License in the past or if there is reasonable evidence that such violation is planned.
4. Rent license conditions
a) The rent period of the license starts from the date of receipt of the rent and ends in a month. To extend the rent period, you must pay a new period. Renewals start from the end date of the previous license period.
b) All rules and conditions of paid license apply to the entire rent license period.
c) The source code of the Software product is not provided.
d) The user has the right to switch to a paid license at any time during the rent period, paying for its full cost.
e) After the rent license expires, the client should renew the rent license or upgrade to a paid license, or remove all components of the software from the server.
f) The rightholder has the right to block or suspend the work of the Software Product in the event that the lease period for the license is terminated and the payment for the extension of the lease period is not made.
5.1. The Copyright Holder warrants that the Software will function as described in the documentation supplied with the Software. When necessary, the User can receive technical support in accordance with current technical support policies regarding the Software the User had purchased. The Software is provided 'as is' and the present warranties and representations shall not imply faultless and/or uninterrupted functioning of the Software, or correction of all errors by the Copyright Holder.
5.2. Regardless of the nature and the reasons for the damages incurred to the User including direct and indirect losses and damages, the Copyright Holder shall not be held responsible for more than the fee paid by the User for the License.
6.1. Refunds are not offered; instead, the User is advised to study all publicly available information before entering a commercial agreement with the Copyright Holder, such as full technical support, extensive description and documentation, demo websites, server requirements and all other details regarding the Software and its usage.
7. Term and Termination
7.1. The present Agreement shall be in effect until terminated. The User can terminate the agreement at any time by removing the Software and all its backup copies, modifications and components. The Agreement can be terminated by the Copyright Holder at its sole discretion if a breach of any conditions of the present Agreement is found.
8. Other Conditions
8.1. The Copyright Holder reserves the right to use hyperlinks to any websites built using the Software for its own marketing purposes.
8.2. The KVS video player source code is not made available to the User.