1. Subject to the terms listed below, KLH Software, Inc. ("KLH Software")
hereby grants you permission to provide a hyperlink from your website to KLH
Software's website provided that:
- Your website links to and does not copy, replicate or duplicate the
content contained in the KLH Software website;
- Your website does not contain materials that would violate any law.
- Your website does not contain materials that can be construed as obscene,
libelous, defamatory, or inappropriate for all ages;
- You website does not use KLH Software's trademarks, logos, or other
intellectual property without prior written permission from KLH Software;
- You do not imply that KLH Software is endorsing or sponsoring you or your
content, services, or products;
- You do not misrepresent your relationship with KLH Software;
- You do not provide disparaging, misleading, or false information about KLH
Software's content, services or products.
- You do not contain KLH Software's content in any form of border, or in any
manor that would lead to the belief that it is anything other than content
derived from the KLH Software site and is a separate entity from your site.
2. KLH Software shall not be liable to you for the content of KLH Software’s
website or links on KLH Software’s website to other websites.
3. You acknowledge that KLH Software may immediately terminate this Consent
at any time, without penalty, with or without cause, and with or without notice.
If the grant provided in this Consent is terminated, you must remove the subject
hypertext link to KLH Software’s website within one (1) business day of
termination.
4. KLH Software SHALL NOT BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES) SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE, SUBSTITUTE
GOODS/SERVICES, OR ANTICIPATED PROFITS OR LOST BUSINESS.
5. This Consent shall be governed by the laws of the State of Idaho. This
Consent is the entire understanding between the parties relating to the subject
matter referenced herein and supercedes all prior or contemporaneous
understandings, whether written or oral. You shall indemnify, defend, and hold
harmless KLH Software, and its directors, officers, employees, agents,
shareholders, and representatives, from any claim, action, allegation, damages,
or liability (including attorney’s fees) arising or relating to your breach of,
or negligent acts or omission relating to, your obligations under this Consent.
The foregoing indemnities shall survive expiration or termination of this
Consent. You may not assign this Consent, in whole or in part, without KLH
Software’s prior written permission. You shall have no power or authority to
assume or create any obligation or responsibility on behalf of KLH Software nor
may you hold yourself out, by implication or otherwise, as holding such power or
authority. This Consent may only be modified, and a party may only waive its
rights under this Consent by a written document executed by you and KLH
Software. Any failure to enforce any provision of this Consent shall not
constitute a waiver thereof or of any other provision hereof. In the event any
term of this Consent is found by any court to be void or otherwise
unenforceable, the remainder of this Consent shall remain valid and enforceable
as though such term were absent.
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