KILOBITE, INC. IS A TEXAS CORPORATION WITH AN OFFICE AT 6500 CHAMPION GRANDVIEW WAY, SUITE 15305, AUSTIN, TX 78750 ("KILOBITE," “COMPANY”, "WE," "US," OR "OUR"). THIS IS A LEGAL AGREEMENT BETWEEN YOU ("YOU") AND KILOBITE. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE CLICKING ON THE PURCHASE BUTTON. YOUR PURCHASE AND USE OF SOFTWARE, PRODUCTS, AND SERVICES THROUGH KILOBITE.COM (COLLECTIVELY, THE "SERVICE") IS GOVERNED BY THESE TERMS OF SERVICE ("TERMS"), WHICH HEREBY INCORPORATE BY REFERENCE THE KILOBITE PRIVACY POLICY (TOGETHER WITH ANY UPDATES OR ADDITIONAL TERMS, THE TERMS AND PRIVACY POLICY ARE COLLECTIVELY REFERRED TO HEREIN AS THE "AGREEMENT"). IF YOU DOWNLOAD SOFTWARE FROM ONE OF THE KILOBITE WEBSITES OR IN CONNECTION WITH THE SERVICE, YOUR USE OF THE SOFTWARE IS ALSO GOVERNED BY THE APPLICABLE END USER LICENSE AGREEMENT PRESENTED TO YOU ON DOWNLOAD OR INSTALLATION OF THE SOFTWARE.

 

1. Terms & Conditions

 

 By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Price, specification, and terms are subject to change without notice. Kilobite is not responsible for errors in typography and/or photography. Kilobite reserves the right to refuse service to anyone.

 

2. Payment and Delivery

 

 Your total price will include the price of the Product plus any applicable sales or use taxes in effect on the time of purchase, and based on country data you provide on your purchase page. Kilobite reserves the right to change prices and availability of Products at any time. If you are not located in either the US or the EU your purchase price will be the full amount of the price posted and failure on Kilobite's part to invoice you for any applicable sales and use taxes, value added taxes and other taxes does not relieve you of the liability to pay such taxes, and you must pay to the applicable taxing authority any such taxes which may be due as a result of your purchase through the Service.

Orders. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Kilobite reserves the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verification or information before accepting any order.

 

3. Payment for Products.

 

 The Service uses PayPal, and other payment providers as may be indicated on the purchase page. You agree to pay for all Products you purchase through the Service, and that Kilobite may charge your chosen payment method (such as PayPal or Amazon Payments) for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your account. All fees will be billed to the payment method you designate during the checkout process. Billing to your selected payment method occurs at the time of purchase. If you use the services of an alternate payment method provider such as PayPal, you will be bound by that party's terms and conditions, which are available on that party's website. You also may be required to create an account with such payment method provider and to provide that payment method provider with your credit card or other details. Kilobite reserves the right to change the payment methods offered at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

 

4. Electronic Signatures and Contracts.

 

 Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TO PAY FOR SUCH PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. These Terms do not confer any rights or remedies upon any person other than you or Kilobite. You may also have additional rights under applicable law.

 

5. Delivery of Products.

 

 On occasion, technical problems may delay, interrupt or prevent the download or activation of your Product. Your exclusive and sole remedy with respect to any Product that is not downloadable or able to be activated within a reasonable period will be either replacement of such Product, store credit or refund of the purchase price paid for such Product, as determined by Kilobite in its sole discretion. Kilobite shall have no liability for issues encountered with downloading, activating or using Products due to factors beyond its control, including your computer's performance and the speed of your internet connection. In some cases certain Products may be games that are still in development. You understand that in some instances Product release dates may be delayed and that release dates and times posted on the Service are only estimates, and you will not be entitled to any refund for a delayed product release date. Our obligation to deliver any Product to you shall be complete at the time when and place where you first receive the information necessary to commence download of such Product. In all circumstances it is your responsibility to ensure that the Product is correctly and completely installed on your computer. Once a Product is purchased and you receive the Product, it is your responsibility to keep the Product from being misplaced, damaged or destroyed, and Kilobite shall be without liability to you in the event of any loss, damage or destruction. Kilobite encourages all its users to appropriately back up the Product files and any other elements associated with the Products.

 

6. No Ongoing Obligations.

 

Notwithstanding any other provision of these Terms, Kilobite and its licensors reserve the right, without liability to you, to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of or sold through the Service at any time without notice. You acknowledge that some aspects of the Service, Products, and administering of our usage rules entails the ongoing involvement of Kilobite. Accordingly, in the event that Kilobite changes any part of the Service or discontinues the Service, which Kilobite may do at its election, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that Kilobite shall have no liability to you in such case. You understand that nothing in these Terms entitles you to any future updates, versions or enhancements to any Product (although Kilobite may offer such updates, versions or enhancements at its sole discretion). The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.

 

7. Use License

 

 Permission is granted to temporarily download one copy of the materials (information or software) on Kilobite's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

modify or copy the materials;

use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

attempt to decompile or reverse engineer any software contained on Kilobite's web site;

remove any copyright or other proprietary notations from the materials; or

transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Kilobite at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

8. Disclaimer

 

The materials on Kilobite's web site are provided "as is". Kilobite makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Kilobite does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

 

9. Limitations

 

In no event shall Kilobite or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Kilobite's Internet site, even if Kilobite or a Kilobite authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

 

10. Revisions and Errata

 

The materials appearing on Kilobite's web site could include technical, typographical, or photographic errors. Kilobite does not warrant that any of the materials on its web site are accurate, complete, or current. Kilobite may make changes to the materials contained on its web site at any time without notice. Kilobite does not, however, make any commitment to update the materials.

 

11. Links

 

Kilobite has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Kilobite of the site. Use of any such linked web site is at the user's own risk.

 

12. Site Terms of Use Modifications

 

Kilobite may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

 

13. Governing Law

 

Any claim relating to Kilobite's web site shall be governed by the laws of the State of Texas without regard to its conflict of law provisions.

 

General Terms and Conditions applicable to Use of a Web Site.

TERMS OF SERVICE

TERMS OF SERVICE