End User License Agreement and Warranty Disclaimer

KISS Institute for Practical Robotics

License for the products included in the KISS Institute for Practical Robotics (“KIPR”) kits, or any products included therein, including but not limited to Kits, KIPR Products, Controllers, Sensors, Motors, Servos, Cables, Parts, Tools, and Documentation (hereinafter referred to as  “KIPR Product” and, if more than one, “KIPR Products”) acquired from KIPR.

IMPORTANT _ READ CAREFULLY: By accepting delivery of the KIPR Product contained herein, you agree to be and are hereby bound by the terms of this License Agreement.   If you do not agree to the terms of this Agreement, you must promptly return the KIPR Product, including accompanying documentation (hereinafter referred to as the Documentation). Upon such return your payment will be refunded.

I. GRANT OF LICENSE: KIPR hereby grants you as the original owner a non-exclusive license to use the KIPR Products and Documentation subject to the following terms:

You shall:

(i)              use the KIPR Product in the manner and using the methods described in KIPR Documentation; including but not limited to following all safety procedures that may be  provided in the Documentation and/or posted on the KIPR website;

(ii)             copy any KIPR Documentation provided as part of the KIPR Product only for back-up, or for educational and archival purposes, or as expressly permitted for use by participants in KIPR-sponsored events with the proviso any such copy must contain all of the KIPR Product's proprietary notices.

(iii)            for any KIPR Product that is not open source (released under the GNU GPLv2), not copy any such KIPR Product other than for back-up, or for educational and archival purposes, or as expressly permitted for use by participants in KIPR-sponsored events, with the proviso any such copy must contain all of the KIPR Product's proprietary notices

 

You shall not:

(i)              have any combustible materials present within a 3 feet radius when charging  any KIPR Product;

(ii)             use the KIPR Product with any product not approved for use by  KIPR;

(iii)            leave any KIPR Product  on a charger longer than 90 minutes while not in use;

(iv)            place any KIPR Product on a charger or leave it on a charger if a person over the age of 18 is not present;

(v)             leave your KIPR Product in any environment where the temperature may exceed 90 degrees Fahrenheit;

(vi)            permit other individuals to use the KIPR Product except under the terms listed above;

(vii)           for any KIPR Product or Documentation which is not open source, modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the KIPR Product or Documentation;

(viii)          copy the KIPR Product or Documentation (except for back-up , or for educational and archival purposes, or as expressly permitted for use by participants in KIPR-sponsored events);

(ix)            resell, rent, lease or otherwise transfer rights to the KIPR Product or Documentation;

(x)             expose the KIPR Product to water or otherwise expose it to an adverse environment;

or

(xi)            remove any proprietary notices or labels on the KIPR Product or Documentation.

 

II. KIPR PRODUCTS:  This license is not transferrable.  A KIPR Product received electronically or on media may not be transferred to or used by any other person, except as expressly permitted for educational purposes or for use by participants in KIPR-sponsored events. This license does not grant you any right to any enhancement or update.

 

III. TITLE: Title, ownership rights and intellectual property rights in and to the KIPR Products and Documentation shall remain with KIPR or its licensors.  Title, ownership rights and intellectual property rights in and to the content accessed through the KIPR Products including any content contained in the KIPR Products Documentation is the property of the applicable content owner and may be protected by applicable copyright or other law. This license gives you no rights to such content.  Certain trademarks belong to KIPR.  If you want to learn more about them, please contact KIPR through the web site at www.kipr.org.

 

IV.  DISCLAIMER OF WARRANTY: THE KIPR PRODUCTS AND DOCUMENTATION ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW KIPR FURTHER DISCLAIMS ALL WARRANTIES INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.  THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE KIPR PRODUCTS AND DOCUMENTATION REMAINS WITH YOU.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KIPR OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABIUTY TO USE THE PRODUCT, EVEN IF KIPR OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

V. TERMINATION: This license shall terminate automatically if you fail to comply with the limitations described in this Agreement. No notice shall be required from KIPR to effect such termination. On termination you must destroy all copies of the KIPR Products and Documentation.

 

VI. GOVERNING LAW: This License Agreement shall be governed by the laws of the jurisdiction, where you have bought the KIPR Product. However, if the KIPR Product is bought in USA the License Agreement shall be governed by the laws of the State of Oklahoma and, in addition, you consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Oklahoma. This License Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

 

VII. ENTIRE AGREEMENT: This Agreement constitutes the complete and exclusive agreement between KIPR and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This Agreement may not be modified except in writing duly signed by an authorized representative of KIPR and you.