In order to use kikin you must download the kikin plug-in and accept the following terms.
By installing kikin, you agree to the terms and conditions below which govern your use of the kikin plugin software. By installing or otherwise using the kikin plugin software (or any portion thereof), you acknowledge that that you have read this license agreement, understand these terms and conditions, and accept and agree to be bound by the terms and conditions of this license agreement.
If you are entering into this agreement on behalf of a company, corporation or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity.
If you do not agree to, and do not wish to be bound by, the terms and conditions of this license agreement, do not install or use the kikin plugin software on your computer or remove the kikin plugin software. If you are not willing to be bound by all the terms and conditions of this license agreement, click the "decline" button (instead of the accept button) when prompted during the software installation process and the install process will not continue. You agree that this is a non-exclusive, binding end-user license agreement that is enforceable like any written negotiated agreement signed by you. You further agree that this document is the complete and exclusive statement of the License Agreement between kikin and you with respect to the kikin Plugin Software and supersedes any proposal or prior agreement, both oral or written, and any other communications between you and kikin or any affiliate or representative of kikin relating to the subject matter of this agreement. You further agree that if kikin or kikin Inc., the parent company of kikin, is required to engage in any proceeding, legal or otherwise, to enforce its rights under this License Agreement, kikin or kikin Inc. shall be entitled to recover from you or the entity on whose behalf you act, in addition to any other sums due, reasonable attorney fees, costs and disbursements.
IMPORTANT NOTE: The kikin Plugin Software may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your rights to copy any material, you should contact your legal advisor.
2. Definitions. As used herein, the term "Software" means (i) the kikin Plugin software and the installer software, and all other related software and computer program(s) with which this License Agreement is provided, (ii) related explanatory written or electronic documentation, user or operating instructions or materials or files (collectively "Documentation"); (iii) fonts; and (iv) upgrades, modified versions, updates, additions, and copies of the foregoing Software under (i) through (iii), if any, licensed to you by kikin. As used herein "Use" or "Using" means to access, install, copy or otherwise use or benefit from using the functionality of the Software.
3. License Grant. kikin grants to you, and you accept, a limited, nonexclusive, revocable license to Use one copy of the Software, in machine-readable (binary) object code only, solely for your own internal, personal uses on a single computer (whether a standard computer or a workstation component of a multi-user network) used by you exclusively. you may install one copy of the Software on a computer file server within your internal network for the sole and exclusive purpose of using the Software (from an unlimited number of client computers on your internal network) via (a) the Network File System (NFS) for UNIX versions of the Software or (b) Windows Terminal Services. Unless otherwise expressly permitted hereunder, no other server or network use of the Software is permitted, including but not limited to use of the Software (i) either directly or through commands, data or instructions from or to another computer or (ii) for internal network, internet or web hosting services. In addition, the primary user of the computer on which the Software is installed may make a second copy of the Software for his or her exclusive use on either a portable computer or a computer located at his or her home. The Software is in Use on a computer when it is loaded into temporary memory (Random Access Memory (RAM)) or installed into permanent memory (hard drive disk, CD-ROM, or other storage device). kikin reserves all rights not expressly granted herein. A valid license must be obtained for each person or entity that will use the Software. You agree to use the Software only as authorized in this License Agreement. This License Agreement does not convey to you any ownership rights or any other interest in the Software. The kikin Plugin Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.
4. Internet Experience. You acknowledge and agree that by Using the kikin Plugin Software, additional search result content may be displayed together with the search results or search result content returned by certain Internet search engines when submitting your search query to such Internet search engines. In addition, the kikin Plugin Software may modify the layout and order of presentation of such search results and may replace a search result returned by such Internet search engines with the same or substantially the same search result content displayed by the kikin Plugin Software. You also acknowledge and agree that by using the kikin Plugin Software, additional content may be displayed to you on a web page that you visit. kikin may modify the layout of the web page to accommodate this additional content.
5. Ownership. You acknowledge and agree that kikin is the exclusive owner of all right, title, and interest, including copyright, in and to all Software, whether in object code or source code, including all Documentation and all related contents. The Software and any authorized copies that you make are the intellectual property of and are owned by kikin and its licensors. The structure, organization and code of the Software are the valuable trade secrets and confidential information of kikin and its licensors. The Software is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by kikin and its licensors. Ownership of the Software and all proprietary rights relating thereto remain with kikin and its licensors.
6. Restrictions on Use and Transfer.
a. You may only (i) make one copy of the kikin Plugin Software in machine-readable form and the Documentation for backup or archival purposes only, provided you maintain such backup copy in your possession or under your control and such backup copy must include all copyright or other proprietary notices contained on the original, or (ii) transfer the Software to a single hard disk in your exclusive possession or under your exclusive control, provided that you keep the original for backup or archival purposes and such transferred Software must include all copyright or other proprietary notices contained on the original. Any such copy of the Software shall include kikin's copyright and other ownership notices. No other copies of the Software or accompanying documentation may be made by you or any person under your authority or control.
b. You may not (i) loan, lend, sublicense, rent, sublicense, redistribute or lease the Software or any copy thereof to any other person for any purpose, or (ii) copy or reproduce the Software through a Local Area Network (LAN) or other network system or through any computer subscriber system or bulletin-board system, or (iii) otherwise redistribute the Software.
c. Subject to the restrictions set forth below, you may, however, make a one-time permanent transfer of all of your license rights to the Software (in its original form as provided by kikin) to another party, provided that: (a) the transfer must include all of the Software, including all its component parts, printed materials and this license; (b) you do not retain any copies of the Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Software reads and agrees to accept the terms and conditions of this License Agreement. All other copies of the Software must be deleted and/or destroyed. Any transfer of possession of the Software terminates your license and all associated benefits under this License Agreement. You may not rent, lease, lend, loan, redistribute, sublicense or transfer any Software that has been modified or replaced in violation of this License Agreement. All components of the Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications.
d. Except as and only to the extent expressly permitted by this License Agreement or by applicable law, you may not make or attempt to make any changes or modifications to the Software or any copy of the Software or create or attempt to any derivative works based on the Software or remove or alter any copyright notices on all copies of the Software. Except as and only to the extent expressly permitted by this License Agreement or by applicable law, you may not customize or extend the functionality of the installer for the kikin Plugin Software and you may not create a new installer for the Software.
e. You may not, and may not attempt to, translate, decompile or otherwise reverse engineer, decompile, disassemble discover the source code of, or disassemble the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested kikin to provide the information necessary to achieve such operability and kikin has not made such information available. kikin has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any such information supplied by kikin and any information obtained by you by such permitted decompilation may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be directed to the kikin Customer Support Department.
f. You agree to use all reasonable efforts to protect the Software from unauthorized use, transfer, modification, reproduction, distribution or publication. You must comply with all applicable laws regarding use of the Software.
g. The Software is not intended for use in and may not be used in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control systems, life support machines or other equipment in which the failure of the software could lead to death, personal injury or severe physical or environmental damage.
h. Notwithstanding other sections of this License Agreement, Software labeled or otherwise provided to you on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred.
8. Software Updates and Upgrades. If the Software is an update or upgrade to a previous version of the Software, you must possess a valid license to such previous version in order to Use such update or upgrade. All updates and upgrades of the Software are provided to you on a license exchange basis. You agree that by using a Software update or upgrade that completely replaces (full install) a previously licensed version of the kikin Plugin Software, you may not use both versions of the kikin Plugin Software at the same time nor may you transfer them separately. In that case, you voluntarily terminate your right to Use any previous version of such Software. As an exception, you may continue to Use previous versions of such Software on your computer after you Use the update or upgrade but only to assist you in the transition to the update or upgrade, provided that: (a) the update or upgrade and the previous versions are installed on the same computer; (b) the previous versions or copies thereof are not transferred to another party or computer unless all copies of the update or upgrade are also transferred to such party or computer; and (c) you acknowledge that any obligation kikin may have to support the previous versions of such Software may be ended upon availability of such update or upgrade.
9. Disclaimer of Warranty.
a. To the maximum extent permitted by applicable law, the software and any services performed or provided by the software are provided as is with all faults and without any warranty of any kind, whether express or implied. kikin and its licensors specifically disclaim all warranties, express or implied or statutory, including without limitation implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, of title and of non-infringement of third party rights, with respect to the software, including all the computer programs, source code contained therein, and any such services. kikin and its licensors do not warrant that the functions contained in the software or services will meet your requirements, applications, uses or particular purposes, or that the operation of the software or performance of any services will be uninterrupted or error free. kikin and its licensors do not warrant against interference with your enjoyment of the software, that the functions contained in, or services performed or provided by, the software will meet your requirements, that the software or services will be compatible with third party software, or that defects in the software or services will be corrected. No oral or written information or advice given by kikin or a kikin authorized representative shall create a warranty. Should the software or services prove defective, you assume the entire cost of all necessary servicing, repair or correction. You expressly acknowledge and agree that use of the software and services is at your sole risk and that the entire risk as to satisfactory quality, performance. Accuracy and effort is with you.
b. kikin does not warrant any physical media, on which the software may be delivered or stored. kikin specifically disclaims all warranties, express or implied, including without limitation implied warranties of implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, of title and of non-infringement of third party rights, with respect to such physical media.
c. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you. In that case, kikin and its licensors disclaim all implied warranties to the maximum extent permissible by applicable law.
d. No dealer, distributor, agent or employee of kikin is authorized to give any warranties or to make any modification of the warranty disclaimer to modify or add to the exclusions set forth above and below.
e. The Software automatically references, displays, links to, and provides web services related to, third party websites and information located worldwide throughout the Internet. Your access to and use of any third party websites, including any goods, services or information made available from such websites, is governed by the terms and conditions found at each third party website, if any. Third party websites are not owned or operated by kikin. Your use of third party websites is at your own risk. kikin makes no warranties, conditions, indemnities, representations or terms, express or implied, whether by statute, common law, custom, usage or otherwise as to any other matters, including but not limited to non-infringement of third party rights, title, integration, accuracy, security, availability, satisfactory quality, merchantability or fitness for any particular purpose with respect to the third party websites. kikin does not give any warranties and makes no guarantees as to such websites and information, including but not limited to: (a) the accuracy, availability, sequence, completeness, currency, content, validity or quality of any such websites and information, or (b) the nature and suitability of any content displayed by the kikin Plugin Software, such that a search completed through the kikin Plugin Software may locate and display unintended or objectionable content or content that does not meet your expectations or requirements. Because some of the content on the Internet consists of material that is adult-oriented or otherwise objectionable to some people or viewers under the age of 18, the results of any search using the kikin Plugin Software may automatically and unintentionally generate links or references to objectionable material or display objectionable content. By using the kikin Plugin Software. you acknowledge and agree that kikin and its licensors make no representations and give no warranties or guarantees with regard to any websites, content or information displayed by or accessed through the kikin Plugin Software, or any web services performed by the kikin Plugin Software in relation to such websites, content or information. kikin, its officers, affiliates and subsidiaries shall not, directly or indirectly, be liable, in any way, to you or any other person for the content that you receive or that is displayed to you using the kikin Plugin Software or for any inaccuracies, errors in or omissions from such content. Financial information displayed by the kikin Plugin Software is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the kikin Plugin Software, you should consult with a financial professional. Neither kikin nor any of its content providers guarantees the accuracy, completeness, or timeliness of stock information displayed by or as a result of using the kikin Plugin Software.
10. Exclusion of Certain Damages.
a. To the maximum extent permissible by applicable law, in no event shall kikin or their respective licensors be liable for any personal injury or consequential, indirect, special, incidental, punitive or other damages whatsoever, including without limitation damages for loss of future or anticipated profits, loss of goodwill, loss of revenue, loss of business opportunity, business interruption, loss of business information, loss of data, or any other pecuniary loss or commercial damages or losses, and including under any claim of negligence, strict liability, design defect, or any other theory (contract, tort or otherwise), arising out of or related to any defect in the software or your use of or inability to use the software or services related thereto or arising from this license agreement or from the licensing of the software by kikin or the provision of any services through operation of the software, however caused, even if kikin and/or its licensors have been advised by you of the possibility of such damages.
b. In no event shall the liability of kikin or its licensors to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed US$50.00. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
c. Because some jurisdictions do not allow the exclusion or limitation of liability for personal injury or of consequential or incidental damages, the above limitation or exclusion may not apply to you.
11. Trademarks. kikin and the kikin logo are either registered trademarks or trademarks of kikin in the United Sates and/or other countries. Other brands and products are trademarks of their respective holder(s). You may not remove or modify these trademarks of kikin, including as displayed by the Software.
12. U.S. Government Restricted Rights. The Software and Documentation are Commercial Items, as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation, as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States. kikin Inc., 132 Crosby St Fl 4, New York, New York 10012.
13. Compliance with License. If you are a business or organization, you agree that upon request from kikin or kikin's authorized representative, you will within thirty (30) days fully document and certify that use of any and all Software at the time of the request is in conformity with your valid licenses from kikin.
14. Term and Termination. This License Agreement will become effective on the date you acquire or obtain the licensed Software and will remain in force until terminated. You may terminate this License Agreement at any time by removing the Software from your computer and destroying the original Software and all copies. Without prejudice to any other rights kikin and its licensors may have, your license and right to use the Software will automatically terminate if you fail to comply with or breach any of the terms or conditions set out in this License Agreement. You agree to remove the Software from your computer, and either to destroy the original Software and all copies of the Software and documentation or to return them to kikin upon termination of this license for any reason.
15. Governing Law. Since kikin distributes the Software internationally, compliance with varying laws is not feasible. Unless otherwise restricted by law, you agree that this License Agreement shall be construed, interpreted and governed by the laws of the State of New York, the principal place of business of kikin, as applied to agreements entered into and to be performed entirely within New York between New York residents and without regard to the laws governing conflicts of law. The substantive laws of the State of New York shall therefore control all aspects of this License Agreement, including without limitation the scope of the warranty disclaimers, the exclusions and limitations on remedies and liability, and the applicable limitations period. This license shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any version of the Uniform Computer Information Transactions Act (UCITA) is or becomes a part of the law of the State of New York, said statute shall not govern any aspect of this License Agreement, and instead the law as it existed prior to the enactment of that statute will govern.
16. Limitation Period. Any action or lawsuit for breach of any of the terms and conditions of this License Agreement, and any claim for breach of warranty, must be commenced within eighteen (18) months following license of the Software to you hereunder, and all actions and lawsuits will be barred after this period.
17. Entire Agreement; Amendments; Waiver; Severability. This License Agreement constitutes the entire understanding of the parties with respect to all matters covered herein and revokes and supersedes all prior agreements, representations, discussions, undertakings, communications or advertising relating to the Software, whether oral or written. kikin may modify or amend this license agreement at any time. we will make reasonable attempts to notify you of any such change through kikin.com and through a pop-up or other alert available via the plugin software. Your continued use of the software will constitute your consent to the modified terms. This License Agreement shall take precedence over any other documents that may be in conflict herewith. If any one or more provisions contained in this License Agreement are held by any court or tribunal to be invalid, illegal, or otherwise unenforceable, each and every other provision shall remain in full force and effect. No waiver of any right under this License Agreement shall be effective unless in writing and signed by both parties. No waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under this License Agreement. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this license shall continue in full force and effect.
18. Export Control. You may not use or otherwise export or reexport the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations of the United States. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list and that you are not otherwise prohibited from any United States laws, restrictions or regulations from receiving the Software. You also agree that you will not use these products for any purposes prohibited by United States laws or regulations including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
19. Attorney Fees. If any action
is brought by either party against the other regarding any subject
matter of this License Agreement, the prevailing party shall be
entitled to recover, in addition to any other relief granted,
reasonable attorney fees and expenses of litigation.
Revision Date: 3/31/09