This is a copy of the required agreement the user must act on in order to get access to WAREwithal.com. They will be prompted at first sign from the client. Once agreed to, the agreement stays in effect until the agreement changes or the client/company no longer uses Kolbe for business.
Kolbe WAREwithal® Online Software Agreement
This Software License Agreement is entered into effective the 19 day of August, 2024, between Kolbe Corp, an Arizona corporation ("KC"), and Kolbe Corp ("Licensee").
1) The Program: KC has provided to Licensee, access via the Internet to software known as Kolbe Warewithal Online ("the Program") under an arrangement whereby Licensee has a license to use the Program for certain limited purposes for a limited length of time in exchange for a licensing fee. The Program is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Product is licensed, not sold.
2) Extension of License: KC grants Licensee a non-exclusive, non-transferable license to use the Program. Only Licensee may use the Program, and Licensee may not resell, rent, lease, or otherwise transfer for value the Product.
3) Limitations on License: The right to use the Program is subject to terms and limitations of this Agreement. Specifically, and without limitation, the Program may be used only to score Kolbe Index data for Licensee or Licensee's clients as permitted under the Agreement, and Licensee shall be solely liable and KC not liable for any errors or damage in scoring the Kolbe Index forms. Licensee may not reverse engineer, decompile, or disassemble the Product.
4) Kolbe Index Credits: At any time after the effective date of this License and while Licensee's license is effective and not suspended, Licensee may purchase from KC credits, for a per-credit fee set by KC, which KC is free to modify from time to time. KC reserves the right to cancel the credit-sale system, at its election. The Program deducts credits each time Licensee operates the Program to score a Kolbe Index form or data for an individual customer. Licensee shall not: (a) tamper with the Program; (b) attempt to defeat or bypass the Program's operation in deducting credits; (c) score additional indexes with the Program after no credits remain; (d) increase a credit balance on the Program without payment to KC; (e) use the Program without deducting credits appropriately; or (f) copy the Program or the credits.
5) Database: Licensee acknowledges that KC shall have access to the database created by the Program for Licensee. KC shall make its best efforts to maintain the privacy and confidentiality of such database. KC shall not, without the permission of Licensee, allow access to information stored in the database to any party other than KC or Licensee, its agents or affiliates.
6) Termination: Upon termination of the Agreement for any reason, Licensee shall immediately cease all use of the Program.
7) Copyright: All title and copyrights in and to the Program (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Program), the accompanying printed materials, and any copies of the Program are owned by KC or its suppliers. The Program is protected by copyright laws and international treaty provisions. Therefore, you must treat the Program like any other copyrighted material. You may not copy the printed materials accompanying the Program.
o I have READ and ACCEPT the terms noted in the license agreement.
o I have READ and DO NOT ACCEPT the terms noted in the license agreement.
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