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Copyright and other intellectual, industrial and/or proprietary rights to Kromtech and to any whole or partial copies that you make are owned by Kromtech or its licensors. Kromtech permits you to use Track my Mac only in accordance with the terms set herein. All rights not specifically granted by Kromtech are reserved by Kromtech. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the inner workings or modify the functionality of Track my Mac except for those uses allowed under this Terms and Conditions. Kromtech is willing to provide you with the necessary information to be able to perform tasks regarding compatible programming at reasonable terms. You agree not to infringe intellectual property rights of Kromtech, remove any label indicating that Kromtech is the subject of copyright and other intellectual, industrial or proprietary rights of Kromtech and/or third parties.
You agree not to replace or modify in any way libraries and resources included in the software.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF Track my Mac IS AT YOUR SOLE RISK. Track my Mac IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND Kromtech, ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS (HEREINAFTER, COLLECTIVELY REFERRED TO AS "Kromtech") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT. Kromtech DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN Track my Mac WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF Track my Mac WILL BE CORRECTED. FURTHERMORE, Kromtech DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF Track my Mac IN TERMS OF ITS CORRECTNESS, ACCURACY, OR RELIABILITY, OR IN ANY OTHER TERMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Kromtech, Kromtech AUTHORIZED REPRESENTATIVE OR ANY OTHER PARTY SHALL CREATE ANY WARRANTY WITH RESPECT TO Track my Mac. SHOULD Track my Mac PROVE DEFECTIVE, YOU (AND NOT Kromtech OR A Kromtech AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE EXCLUSIONS DESCRIBED UNDER THESE TERMS MAY NOT APPLY TO YOU. Kromtech PROVIDES NO WARRANTY THAT ANY HARDWARE OR SOFTWARE WILL NOT BE DAMAGED BY THE SOFTWARE OR ANY DATA YOU DOWNLOAD USING THE SOFTWARE. YOU ASSUME THE ENTIRE RISK OF DOWNLOADING, INSTALLING, COPYING, OPERATING AND USING THE SOFTWARE. Kromtech STRONGLY RECOMMENDS YOU TO PERFORM A VIRUS CHECK OF ALL SOFTWARE BEFORE INSTALLATION OR USE.
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY LAW NEITHER Kromtech NOR ANY OF ITS AFFILIATES, ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, LICENSORS AND CONTRACTORS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, IN CONNECTION WITH OR ARISING FROM USE OF Track my Mac OR OTHERWISE IN CONNECTION WITH THIS TERMS. IN ALL CASES, Kromtech's ENTIRE LIABILITY UNDER ANY PROVISION OF THIS TERMS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID ALLOCABLE TO THE ASSOCIATED SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED UNDER THIS TERMS MAY NOT APPLY TO YOU.
You agree to defend Kromtech, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, licensors, representatives, operational service providers and suppliers against any and all claims, demand and/or actions and indemnify and hold Kromtech, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, representatives, suppliers, licensors and contractors harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys' fees), resulting from your breach or violation of this Agreement, infringement, misappropriation or your violation of the rights of any other party, your violation or non-compliance with any law or regulation, or your alteration or export of Track my Mac. Kromtech reserves the right to assume, at its expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and you agree to fully cooperate with Kromtech upon its request.
This Agreement is effective until terminated. Without prejudice to any other rights, Kromtech may immediately terminate this Agreement if you fail to comply with any of the terms and conditions set out herein. In such event you must cease all use of Track my Mac. Inaction of Kromtech to terminate this Agreement after you fail to comply with any of the terms and conditions set out in this Agreement does not imply a waiver of any kind of the rights reserved by Kromtech under this and other provisions.
If you have any questions regarding this Agreement, please address all your concerns to email.