KOS-Common

Copyright© 2023 [Kythera Space Solutions]

  This software is proprietary to Kythera Space Solutions (“Kythera”) and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All rights not expressly granted herein are reserved by Kythera.   

LICENSE AND RESTRICTIONS.

  The software (including all source code and object code) (the “Software”) is provided by Kythera under the [name of agreement] (the “Agreement”) and may only be used or copied in accordance with the terms of the Agreement.  All other rights reserved by Kythera.  Unauthorized distribution, redistribution, use, sale, license, reproduction, copying, or creation of derivative works of the Software, or any portion thereof, is strictly prohibited and may result in severe civil and criminal penalties.  Distribution, redistribution, use, sale, license, reproduction, copying, or creation of derivative works of the Software, with or without modification, are not permitted without express written permission from Kythera.  Kythera does not grant any right, whether explicit or implicit, to decompile, disassemble, reverse engineer, or otherwise attempt to derive source code (or underlying ideas, algorithms, structure, or organization) from the Software, in whole or in part, unless in accordance with the Agreement.  

DISCLAIMER OF WARRANTIES.

  The software is provided under the Agreement and otherwise “as is” and with all faults, and Kythera hereby disclaims all warranties, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, quiet possession, accuracy, security, compliance with the specifications or documentation, lack of viruses or other malware, error-free or interruption-free operation, or the accuracy or completeness of the licensed software or any results or data derived from its use, unless otherwise stated in the agreement.  Furthermore, Kythera disclaims any and all express and implied warranties with respect to the provision of, or failure to provide, any support services or other services with respect to the software.  The entire risk arising out of or in connection with your use of the licensed software and any support or other services provided by Kythera remains with you.  

LIMITATION OF LIABILITY.

  In no event shall Kythera be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the software provided by Kythera, even if advised of the possibility of such damage.  The entire liability of Kythera arising under or in connection with this Agreement shall be limited to the amount actually paid to Kythera under the Agreement, if anything.      

DFARS 252.227-2014(f)(2)