End User License Agreement and Warranty Disclaimer

KISS Institute fer Practical Robotics

License fer th' products included in th' KISS Institute fer Practical Robotics (“KIPR”) kits, or any products included therein, includin' but not limited t' Kits, KIPR Products, Controllers, Sensors, Motors, Servos, Cables, Parts, Tools, an' Documentation (hereinafter referred t' as  “KIPR Product” an', if more than one, “KIPR Products”) acquired from KIPR.

IMPORTANT _ READ CAREFULLY: By acceptin' delivery o' th' KIPR Product contained herein, ye agree t' be an' be hereby bound by th' terms o' this License Agreement.   If ye dern't agree t' th' terms o' this Agreement, ye must promptly return th' KIPR Product, includin' accompanyin' documentation (hereinafter referred t' as th' Documentation). Aarrr, yo ho, ho Upon such return yer payment will be refunded.

I. GRANT OF LICENSE: KIPR hereby grants ye as th' original owner a non-exclusive license t' use th' KIPR Products an' Documentation subject t' th' followin' terms:

You shall:

(i)              use th' KIPR Product in th' manner an' usin' th' methods described in KIPR Documentation; includin' but not limited t' followin' all safety procedures that may be  provided in th' Documentation an'/or posted on th' KIPR website;

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

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

 

You shall not:

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

(ii)             use th' KIPR Product with any product not approved fer 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 o'er th' age o' 18 is not present;

(v)             leave yer KIPR Product in any environment where th' temperature may exceed 90 degrees Fahrenheit;

(vi)            permit other individuals t' use th' KIPR Product except under th' terms listed above;

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

(viii)          copy th' KIPR Product or Documentation (except fer back-up , or fer educational an' archival purposes, or as expressly permitted fer use by participants in KIPR-sponsored events);

(ix)            resell, rent, lease or otherwise transfer rights t' th' KIPR Product or Documentation;

(x)             expose th' KIPR Product t' water or otherwise expose it t' an adverse environment;

or

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

 

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

 

III. TITLE: Title, ownership rights an' intellectual property rights in an' t' th' KIPR Products an' Documentation shall remain with KIPR or its licensors.  Title, ownership rights an' intellectual property rights in an' t' th' content accessed through th' KIPR Products includin' any content contained in th' KIPR Products Documentation is th' property o' th' applicable content owner an' may be protected by applicable copyright or other law. This license gives ye no rights t' such content.  Certain trademarks belong t' KIPR.  If ye want t' learn more about them, please contact KIPR through th' 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. Load the cannons, and a bottle of rum! TERMINATION: This license shall terminate automatically if ye fail t' comply with th' limitations described in this Agreement. Nay notice shall be required from KIPR t' effect such termination. Ye'll be sleepin' with the fishes! On termination ye must destroy all copies o' th' KIPR Products an' Documentation.

 

VI, ya bilge rat! GOVERNING LAW: This License Agreement shall be governed by th' laws o' th' jurisdiction, where ye have bought th' KIPR Product. However, if th' KIPR Product is bought in USA th' License Agreement shall be governed by th' laws o' th' State o' Oklahoma an', in addition, ye consent t' th' exclusive jurisdiction o' th' state an' federal courts sittin' in th' State o' Oklahoma. This License Agreement will not be governed by th' United Nations Convention o' Contracts fer th' International Sale o' Goods, th' application o' which is hereby expressly excluded.

 

VII. Prepare to be boarded, and a bottle of rum! ENTIRE AGREEMENT: This Agreement constitutes th' complete an' exclusive agreement betwixt KIPR an' ye with respect t' th' subject matter hereof an' supersedes all prior oral or written understandin's, communications or agreements not specifically incorporated herein. This Agreement may not be modified except in writin' duly signed by an authorized representative o' KIPR an' ye.