This is the KPTools License File. This software is protected by the Copyright Laws of the United States of America, the Patent Laws of the United States of America, and one or two somewhat ferocious dogs who guard the software source code. Really.

Please read this License. It is a binding agreement between You and KPTools, Inc.. As noted herein, by completing the installation of the KPTools' software and by its subsequent use by You, You agree to be bound by this License.

If You do not agree to the terms and conditions of this License, You must terminate Your use of the KPTools' software and remove, stop any installation process, and/or discontinue use of the KPTools' software.

1. Definitions
   1. "You"

      shall mean an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, "You" includes any entity that controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
       

   2. Licensor

      Licensor shall mean KPTools, Inc. of Houston, Harris County, Texas or its successor-in-interest, if any.
       

   3. The KPTools^® Software

      The KnowlePedium® software shall mean the KnowlePedium executable files, their associated utility files, their associated support files, and their associated documentation.  "Knowlepedium," as used herein, includes KnowlePedium and KP™ versions of the researcher's software tool marketed as KnowlePedium.
       

      The Ferret^®  Software

      The Ferret software shall mean the Ferret^® executable files, their associated utility files, their associated support files, and their associated documentation. 

      The Nataero^® Software

      The Nataero^® software shall mean the Nataero^® executable files, their associated utility files, their associated support files, and their associated documentation.  "Nataero," as used herein, includes the Nataero^® server and add-in software and utilities marketed as Nataero^®.

       

2. Grant of Copyright License.

    

   Licensor believes that software is like a book, best enjoyed by one person at a time. Therefore, Licensor hereby grants You a limited, non-exclusive, non-sublicenseable, non-transferable, and non-assignable license to install and use the KPTools software on a single computer per license. Accordingly, You may install the KPTools software on one computer to be used by one user at a time. Some versions of the KPTools software are licensed for multiple users whose use rights are governed by the licenses purchased.
   All title, ownership rights, and intellectual property rights in and to the KPTools software and its source and support files shall remain in and with Licensor and/or its licensors. The KPTools software constitutes confidential and proprietary information of Licensor and Licensor’s licensors and embodies trade secrets and intellectual property protected under United States copyright laws, other laws and international treaty provisions. You acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Licensor or its licensors’ ownership of or rights with respect to the KPTools software. You agree, at your expense, to defend and hold Licensor and its affiliates, officers, directors and employees harmless from any and all costs, damages and reasonable attorneys’ fees resulting from any claim that Your use of the KPTools software have injured or otherwise violated any right of any third party or violates any law. You may not: (1) redistribute the KPToolls software, (2) permit other individuals to use the KPTools software, (3) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction) or create derivative works based upon the KPTools software, (4) copy the KPTools software (except for back-up or archival purposes), (5) rent, lease, transfer, encumber, sublicense or otherwise transfer rights to the KPTools software, or (6) remove any proprietary notices or labels included with and/or in the KPTools software. Any such forbidden use shall immediately terminate Your license to the KPTools software. You may use the KPTools software in all lawful ways not otherwise restricted or conditioned by this License. Therefore, You also agree to only use the KPTools software in a manner that complies with all applicable laws in the jurisdictions in which You use the Licensed Programs, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. In particular, the data collected by You and stored with the KPTools software shall remain the property of the originator of that data unless rights in and to the data are disclaimed or otherwise in the public domain. Licensor reminds you to respect all copyrights, trademarks, trade dress, patents, or any other Intellectual Property of the source of the authority You are storing with the KPTools software.Please be aware that the KPTools software may, from time to time, automatically communicate with KPTools, Inc. via the Internet for numerous purposes, e.g. to check for updates such as bug fixes, patches, enhanced functions and new versions. However, Licensor is under no obligation to create such updates or provide You with such updates.You may not download, use or otherwise export or re-export the KPTools software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. By installing or downloading the KPTools software, You represent and warrant that You are not located in, under the control of or a national or resident of any country on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You agree to comply with all export laws and restrictions and regulations of the United States or foreign agencies or authorities, and not to export or re-export the KPTools software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, each party shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to its own export of the KPTools software from the U.S.

    

3. Exclusions From License Grant.

   Nothing in this License shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other Intellectual Property of Licensor to You.
    

4. Warranty.

   Licensor warrants that the copyrights in and to the KPTools software are owned by the Licensor or otherwise validly distributed by Licensor or that the KPTools software or portions of the KPTools software is distributed by Licensor under a valid current license from the copyright owner.

   EXCEPT AS EXPRESSLY STATED OTHERWISE HEREIN, THE KPTools SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE KPToos SOFTWARE IS WITH YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO LICENSE TO THE KPToos SOFTWARE IS GRANTED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
   In certain cases, the KPTools software version is understood to be a pre-release version which does and will contain software errors and logic errors commonly referred to as "bugs." By its use, You acknowledge that such is acceptable to You and that You use the KPTools software "AS IS."
    
5. Limitation of Liability.

   Under no circumstances and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall the Licensor be liable to any person for any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or the use of the KPTools software including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. This limitation of liability shall not apply to liability for death or personal injury resulting from Licensor’s negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to You.
    

6. Jurisdiction, Venue and Governing Law.

   Any action or suit relating to the KPTools software and/or this License may be brought only in courts of competent jurisdiction in Denver County, Colorado. The laws of Colorado and of the United States of America shall apply. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any use of the KPTools software outside the scope of this License or after its termination shall be subject to the requirements and penalties of the U.S. Copyright Act, 17 U.S.C. § 101 et seq., the equivalent laws of other countries, and international treaty. This section shall survive the termination of this License.
    

7. Attorneys Fees.

   In any action to enforce the terms of this License or seeking damages relating thereto, the prevailing party shall be entitled to recover its costs and expenses, including, without limitation, reasonable attorneys’ fees and costs incurred in connection with such action, including any appeal of such action. This section shall survive the termination of this License.
    

8. Miscellaneous.

   This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
    

9. Acceptance and Termination.