Konan Software License Terms

These license terms are an agreement between Konan Medical USA, Inc. (“KONAN”) (or based on where you live, one of its affiliates) and you. Please read them.  They apply to KONAN software provided that runs on, or operates KONAN devices , which includes the media on which you received it, if any. The terms also apply to any KONAN updates, supplements, Internet-based services, and support services for this software, unless other terms accompany those items. If so, those terms apply.


BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. YOU MAY CHOOSE NOT TO ACCEPT THESE TERMS, IN WHICH CASE YOU MAY NOT USE THE SOFTWARE (IF YOU HAVE NOT ALREADY INSTALLED IT) OR WITHDRAW YOUR ACCEPTANCE ANY TIME BY UNINSTALLING THE SOFTWARE.    

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 IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW.

1.   INSTALLATION AND USE RIGHTS. 

a.   Installation and Use.

·     You may install and use only the number of copies of the software licensed on your KONAN devices. 

b.   Third Party Programs.

i.    The software may include third party programs that KONAN, not the third party, licenses to you under this agreement. Notices, if any, for the third-party program are included for your information only.

ii.   The software may also include components licensed under open-source licenses with source code availability obligations. Copies of those licenses, if applicable, are included in the ThirdPartyNotices file. 

c.   Third Party Connectors. The software may let you connect to various third-party data sources. Your agreements with any of these third-party data source providers is solely between you and the applicable third-party data source providers and may be governed by other terms of use or agreements that apply to such third-party sources. You agree that you are solely responsible for and have the authority to import data from these third-party data sources. KONAN does not monitor, control or assume any liability associated with any data that you import from third-party data sources and is not responsible for its quality, accuracy, nature and/or ownership. You agree that you are solely responsible for any content that you create, transmit, distribute or display based on the data that you import, while using the software and the security of such data if it contains data requiring HIPPA compliance.

2.   UPDATES. The software may periodically check for updates and download and install them for you. You may obtain updates only from KONAN or authorized sources. KONAN may need to update your system to provide you with updates. You agree to receive these automatic updates without any additional notice. Updates may not include or support all existing software features, services, or peripheral devices.

3.   DATA COLLECTION. The software may collect information about you and your use of the software and send that to KONAN. KONAN may use this information to provide services and improve KONAN’s products and services. Your opt-out rights, if any, are described in the product documentation. Some features in the software may enable collection of data from users of your applications that access or use the software. If you use these features to enable data collection in your applications, you must comply with applicable law, including getting any required user consent, and maintain a prominent privacy policy that accurately informs users about how you use, collect, and share their data. You can learn more about KONAN’s data collection and use in the product documentation and the  KONAN Privacy Policy .  You agree to comply with all applicable provisions of the KONAN Privacy Policy.

4.   PROCESSING OF PERSONAL DATA. To the extent KONAN is a processor or subprocessor of personal data in connection with the software, KONAN is committed to compliance with the European Union General Data Protection Regulation Termsto all customers effective May 25, 2018.

5.   TIME-SENSITIVE SOFTWARE. The software may stop running when a new version of the software is available. For internet connected devices, you will receive notice in the Status Bar in the software or on startup indicating that an update is available for electronic download and installation. You may not be able to access data used with the software when it stops running.

6.   SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. KONAN reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not

·     allow a third party application to connect and read data from the software without KONAN’s prior written approval;

·     download or use the software to conduct competitive research;  

·     disclose the results of any benchmark tests of the software to any third party without KONAN’s prior written approval;

·     work around any technical limitations in the software;

·     reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;

·     make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;

·     publish the software for others to copy;

·     rent, lease or lend the software;

·     transfer the software or this agreement to any third party; or

·     use the software for commercial software hosting services.

7.   DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes including any Instructions for Use.

8.   EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. 

9.   SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.

10. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.

11. APPLICABLE LAW.

a.   United States. If you acquired the software in the United States, California state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.

b.   Outside the United States. If you acquired the software in any other country, the laws of that country apply.

12. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.

13. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. KONAN GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS OR STATUTORY GUARANTEES UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, KONAN EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

FOR AUSTRALIA - YOU HAVE STATUTORY GUARANTEES UNDER THE AUSTRALIAN CONSUMER LAW AND NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS.

14. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM KONAN AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.

This limitation applies to

·     anything related to the software, services, content (including code) on third party Internet sites, or third-party programs; and

·     claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if Konan knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

KONAN welcomes your comments. Contact KONAN at:  +1 (949) 576-2200 | 15770  Laguna Canyon Rd. STE 150, Irvine, CA 92629