kitchi Terms of Use, Licenses, and Notices

IMPORTANT-READ CAREFULLY: Please be sure to carefully read and understand all of the rights and restrictions in the Terms of Use, Licenses and Notices below (“TOU”) and the.kitchi Statement of Privacy (“Privacy Statement”).

AGREEMENT BETWEEN USER AND PW2 Computer Software
This is a legal agreement between you and PW2 Computer Software Corporation (“PW2 Computer Software”) with respect to your access and use of the kitchi Software, which may also include PW2 Computer Software software, content and related documentation and information (collectively, the “Software”). You must accept without modification all of the terms, conditions, and notices contained in these Terms of Use in order to access and/or use the Software (collectively, the “Terms of Use” or “Agreement”). If you do not accept these Terms of Use in their entirety, you may not access or use the Software.  
Portions of the Software may be governed by posted guidelines, rules, or other terms and conditions. All such guidelines, rules, terms and conditions are hereby incorporated by reference into these Terms of Use. In the event of a conflict between such other guidelines, rules, terms and conditions and these Terms of Use, the Terms of Use shall control, except that the kitchi Software Privacy Policy, referenced below, supersedes any conflicting language in these Terms of Use and/or any other guidelines, rules, terms and conditions published in connection with the Software with respect to the subject matter covered by such privacy policy.

1.	MODIFICATION OF THESE TERMS OF USE; UPDATES

PW2 Computer Software may change the Terms of Use at any time and such changes shall be effective immediately.  You are responsible for regularly reviewing the Terms of Use.   Your continued use of the Software affirms your agreement to the Terms of Use and any changes.  
PW2 Computer Software is not obligated to provide updates or improvements to the Software.  However, if PW2 Computer Software, in its sole discretion, updates or improves the Software, these Terms of Use shall apply to such updates and improvements unless expressly noted otherwise.

2.	NO WARRANTIES; LIABILITY DISCLAIMER; EXCLUSIVE REMEDY

PW2 COMPUTER SOFTWARE PROVIDES THE SOFTWARE AND THE SOFTWARE “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.  PW2 COMPUTER SOFTWARE, ITS AFFILIATES, ITS RESELLERS, DISTRIBUTORS, SOFTWARE PROVIDERS AND/OR SUPPLIERS (COLLECTIVELY, THE “PW2 COMPUTER SOFTWARE PARTIES”) MAKE NO WARRANTIES.  THE PW2 COMPUTER SOFTWARE PARTIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES THAT ACCESS TO OR USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.  THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.  PW2 COMPUTER SOFTWARE MAY CHANGE THE SOFTWARE OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON.

IN NO EVENT SHALL ANY OF THE PW2 COMPUTER SOFTWARE PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, WITH THE DELAY OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SOFTWARE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SOFTWARE OBTAINED THROUGH THE SOFTWARE, OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PW2 COMPUTER SOFTWARE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOFTWARE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SOFTWARE.

3.	INDEMNITY

You agree to indemnify and hold PW2 Computer Software, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Software, the violation of these Terms of Use by you, or the infringement by you, or other user of the Software using your computer or identity, of any intellectual property or other right of any person or entity.    

4.	CUSTOMER SUPPORT

PW2 Computer Software may, but is not required to, provide you with customer support (“Support”).  Unless you have entered into a separate written support agreement with PW2 Computer Software with respect to the Software, PW2 Computer Software may terminate any Support it provides at any time in its sole discretion.  
Authorized third-party software that uses the Software is not supported by PW2 Computer Software and you should contact the provider of such software for support, if any. 

5.	TERMINATION/ACCESS RESTRICTION

Unless you, or a third party on your behalf, have entered into a separate written agreement with PW2 Computer Software that modifies these Terms of Use,  PW2 Computer Software reserves the right, in its sole discretion, to terminate your access to and use of the Software or any portion thereof at any time, without notice.    

6.	LICENSING

You are granted a free license to use this software on as many workstations and servers as you would like.

7.	INTELLECTUAL PROPERTY NOTICES

All contents of any PW2 Computer Software Web site related to the Software are: Copyright © 2019 PW2 Computer Software Corporation and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
PW2 Computer Software may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any Web pages that are part of the Software.  Any rights not expressly granted herein are reserved.
