PLEASE READ CAREFULLY; This TANASAN End-User License Agreement (EULA) is a legal agreement between you (either and individual or a single entity) and TANASAN TRADING CO., LTD. that governs your use of any TANASARN software products. By taking any step to install or use TANASARN Software, you agree to be bound by the terms and conditions of this EULA. If you do not agree with terms and conditions of this EULA, you may not install or use TANASAN software products.
The purpose and intent of this Website is to provide information on software products that we make available for download and/or purchase through the Website or Distributors.
Trial Software License
We offer the free trial Software for download pursuant to an evaluation license set out in this End-User License Agreement (EULA). Your use of the copy of the trial software version is subject to terms and conditions in this EULA.
Commercial Software License
After the expiration of the trial period, you may obtain the Commercial software License through the Website pursuant to the Annual Subscription terms and conditions, if applicable. Your use of the copy of TANASAN Software is subject to terms and conditions in this EULA.
Our authorized reseller, TANASAN TRADING CO., LTD. ("Authorized Distributor"), is responsible for sales of Commercial Licenses. Your purchase of a Commercial License is subject to any pricing or any special terms of sale that may be agreed between you and Distributor.
END USER LICENSE AGREEMENT
THE following terms constitute a binding agreement between you and Tanasan with respect to use of KODE™'s products ("Licensed Software")
1. TRIAL SOFTWARE LICENSE
Tanasan Trading Co.,Ltd. ("Tanasan") offers a non-exclusive, non-transferable, and non-time limited trial software license at no incurred cost. A trial software license for trial and evaluation of TANASAN software is completely free of charge and it is offered in the form of binary object code. The free trial version is available for download with limited functional features at our website.
2. COMMERCIAL LICENSE
The annual subscription license offers you a fee-bearing, non-exclusive, non-transferable, worldwide license, user documentation updates, and any plug-ins during your subscription period. These provisions are in accordance with a single installation license granted by TANASAN. License renewal is required at least 10 days prior to the end of subscription period to ensure continuity of the use of licensed software. If you do not wish to renew the license, you agree to stop using the Licensed Software and agree to remove the Licensed Software from your systems after the end of the subscription period.
"Use" means storing, locating, installing, executing or displaying the Licensed Software according to the license procured by you. "Single Installation License" means that the license key provided shall not be used for more than one concurrent Use of the Licensed Software.
3. THIRD PARTY PRODUCTS
The Licensed Software may contain software which originated with third party vendors and without limiting the general applicability of the other provisions of this Agreement, you agree that (i) the title to any third party software incorporated in the Licensed Software shall remain with the third party which supplied the same; and (ii) you will not distribute any such third party software available with the Licensed Software, in any manner.
4. RESTRICTIONS ON USE
In addition to all other terms and conditions of this Agreement, you shall not: (i) install one copy of the Licensed Software on more than one CPU; (ii) remove any copyright, trademark or other proprietary notices from the Licensed Software or its copies; (iii) make any copies except for one back-up or archival copy, for temporary emergency purpose; (iv) rent, lease, license, sublicense or distribute the Licensed Software or any portions of it on a standalone basis or as part of your application; (v) modify or enhance the Licensed Software; (vi) use the Licensed Software in a computer-based services business or publicly display visual output of the Licensed Software or use the Licensed Software for the benefit of any other person or entity; (vii) reverse engineer, decompile or disassemble the Licensed Software; or (viii) allow any third parties to access, use or support the Licensed Software.
5. MAINTENANCE AND TECHNICAL SUPPORTS
Technical support and maintenance services are applicable with annual subscription package of software license renewal. We offer maintenance services and supports that includes email supports for problem reporting, product updates and online access to product documentation via website at no additional cost during the subscription period. However, technical Support that includes online access, email and phone support, are not included in the package. For the users subscribed with cloud server service, we ensure that all of your data stored with us, will be retained in our server for one year after the end of your service contract. You are eligible to submit your request for removing your data from our server or making backup of your data and sending you the email within the mentioned period.
6. OWNERSHIP AND INTELLECTUAL PROPERTY
Tanasan owns all right, title and interest in and to the Licensed Software. We expressly reserves all rights not granted to you herein, notwithstanding the right to discontinue or not to release any Licensed Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or characteristics of the Licensed Software. The Licensed Software is only licensed and not sold to you.
Tanasan has the right to audit your use of the Licensed Software by providing at least seven (7) days prior written notice of its intention to conduct an audit at your facilities during normal business hours.
The Licensed Software contains proprietary information of Tanasan that are protected by the laws of the Kingdom of Thailand and you hereby agree to take all reasonable efforts to maintain the confidentiality of the Licensed Software. You agree to communicate reasonably the terms and conditions of this agreement to your employees and the people who contact or access the licensed software with your permission to ensure their compliance with terms and conditions of this EULA. This includes the persons who use any portion of the Licensed Software for a purpose that is not allowed under this Agreement.
9. WARRANTY DISCLAIMER
We do not warrant that the Licensed Software will be error-free. Except as provided herein, the Licensed Software is furnished "as is" without warranty of any kind, including the warranties of merchantability and fitness for a particular purpose and without warranty as to the performance or results you may obtain by using the Licensed Software. You are solely responsible for determining the appropriateness of using the Licensed Software and assume all risks associated with the use of it, including but not limited to the risks of program errors, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
10. LIMITATION OF LIABILITY
In no event will Tanasan be liable to you or any third party for any special, incidental, indirect, punitive or exemplary or consequential damages, or damages for loss of business, loss of profits, business interruption, or loss of business information arising out of the use or inability to use the program or for any claim by any other parties, even if we has been advised of the possibility of such damages. Tanasan's entire liability with respect to its obligations under this agreement or otherwise with respect to the Licensed Software shall not exceed the amount of the license fee paid by you for the Licensed Software.
KODE ENDPOINT ™ may be connected to other software for the convenience of users only to download or update which is provided and maintained by a third party. We do not guarantee compatibility of those softwares. The user chooses to connect to those softwares and solely responsible for the risk.
Tanasan agrees to indemnify and defend you from and against any and all claims, actions or proceedings, arising out of any claim that the Licensed Software infringes or violates any valid Thailand patent, copyright or trade secret right of any third party; so long as you provide; (i) prompt written notice to Tanasan of such claim; (ii) cooperate with Tanasan in the defense and/or settlement thereof, at Tanasan's expense; and, (iii) allow Tanasan to control the defense and all related settlement negotiations. The above is Tanasan's sole obligation to you and shall be your sole and exclusive remedy pursuant to this Agreement for intellectual property infringement.
Tanasan shall have no indemnity obligation for claims of infringement to the extent resulting or alleged to result from (i) any combination, operation, or use of the Licensed software with any programs or equipment not supplied by Tanasan; (ii) any modification of the Licensed Software by a party other than Tanasan; and (iii) your failure, within a reasonable time frame, to implement any replacement or modification of Licensed Software provided by Tanasan.
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying or returning to Tanasan all copies of the Licensed Software in your possession. We may terminate this Agreement for any reason, including but not limited to your breach of any of the terms of this Agreement. Upon termination, you shall destroy or return to Tanasan all copies of the Licensed Software and certify in writing that all know copies have been destroyed. All provisions relating to confidentiality, proprietary rights, non-disclosure, and limitation of liability shall survive the termination of this Agreement.