Terms & Conditions
Welcome to KantanMT platform.
Software License Agreement for KantanMT
Please read this software license agreement (“License”) carefully before using the KantanMT software. By using the KantanMT software, you are agreeing to be bound by the terms of this License. Use of the Services requires Internet access and use of certain Services may require a KantanMT ID, may require you to accept additional terms of service and may be subject to additional fees.
Important Note: To the extent that this software may be used to reproduce materials, it is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.
The KantanMT and any third party software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the “KantanMT Software”) are licensed, not sold, to you by Xcelerator Machine Translations Limited. (“Xcelerator”) for use only under the terms of this License, and Xcelerator reserves all rights not expressly granted to you.
The terms of this License will govern any software upgrades provided by Xcelerator that replace and/or supplement the original KantanMT Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. Permitted License Uses and Restrictions.
- A. Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to install and use the KantanMT Software. To the extent that the KantanMT Software may be used to reproduce materials, such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. You may not make the KantanMT Software available over a network where it could be used by multiple computers at the same time.
- B. You may not rent, lease, lend, sell, redistribute or sublicense the KantanMT software. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the KantanMT software, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Xcelerator. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Xcelerator that replace and/or supplement the original KantanMT software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. In addition to the restrictions stated above, the KantanMT proprietary stock data and engines (“KantanLibrary”) included with the KantanMT Software are only licensed for use with the KantanMT Software.
The KantanMT software is licensed only for use by You. You may not rent, lease, lend, redistribute or sublicense the KantanMT Software.
4. Consent to Use of Data.
- A. Diagnostic and Usage Data. If you choose to allow diagnostic and usage collection, you agree that Xcelerator and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to unique system or hardware identifiers, information about your computer, system and application software, and peripherals, that is gathered periodically to provide and improve KantanMT products and services, facilitate the provision of software updates, product support and other services to you (if any) related to the KantanMT Software, and to verify compliance with the terms of this License. KantanMT may use this information, as long as it is collected in a form that does not personally identify you, for the purposes described above.
- B. Data. The KantanMT Software contains features that rely upon data provided by You and data collection by Xcelerator. If you choose to provide data and information of any form and in any format, you agree to Xcelerators and its subsidiaries™ transmission, collection, maintenance, processing, and use of this information to provide and improve such features. Xcelerator will never re-task, re-publish or re-purpose your Data. To the extent that you provide any data to Xcelerator, you represent that you own all rights in, or have authorization or are otherwise legally permitted to provide, such data and that such data does not violate any terms of service applicable to the Services. Xcelerator reserves the right to make and retain backup copies of all data and information provided by you for the sole purpose of maintaining continuity of the KantanMT software operation and service delivery. Xcelerator reserves the right to irrevocably destroy at any time, copies of all data and information provided by You. Xcelerator will irrevocably destroy copies of all data (including backup copies) and information provided by You within sixty (60) days upon termination of your use of the KantanMT software.
This license begins on the first use of the KantanMT software. Xcelerator may terminate this license for any or no reason at any time by providing thirty (30) days written notice. You may terminate this license ay any time without written notice to Xcelerator. (subject to conformance with the terms of any other applicable contracts agreed by You with Xcelerator).
KantanMT software services (“the Services”)
- A. KantanMT does not guarantee the accuracy of any of the software or related services provided in any way (unless subject to the terms of a separate agreement).
- B. Xcelerator will own all and any improvements or amendments to the KantanMT software and the Services.
- C. Certain Services may display, include or make available content, data, information, applications or materials from third parties (Third Party Materials). By using the Services, you acknowledge and agree that KantanMT is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. KantanMT, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials, or for any other materials, products, or services of third parties. Third Party Materials are provided solely as a convenience to you. You agree that you will not use any Third Party Materials in a manner that would infringe or violate the rights of any other party, and that KantanMT is not in any way responsible for any such use by you.
- D. To the extent that you upload any content through the use of the Services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate any terms of service applicable to the Services. You agree that the Services contain proprietary content, information and material that is owned by KantanMT and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or KantanMT. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Xcelerator is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
- E. In addition, Services and Third Party Materials that may be accessed from, displayed on or linked to from the KantanMT Software are not available in all languages or in all countries or regions. Xcelerator makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services and Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws. Xcelerator and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will KantanMT be liable for the removal of or disabling of access to any such Services. KantanMT may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
This License is effective until terminated. Your rights under this License will terminate automatically without notice from KantanMT if you fail to comply with any term(s) of this License. Upon the termination of this License, you must cease all use of the KantanMT Software and destroy all copies, full or partial, of the KantanMT Software. Sections 4, 5, 6, 7, 8, 11 and 12 of this License shall survive any such termination.
7. Disclaimer of Warranties.
- A. If you are a customer who is a consumer (someone who uses the KantanMT Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.
- B. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE KANTANMT SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE KANTANMT SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
- C. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE KANTANMT SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND AS AVAILABLE, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND KANTANMT AND KANTANMT’S LICENSORS (COLLECTIVELY REFERRED TO AS “KANTANMT” FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE KANTANMT SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
- D. KANTANMT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE KANTANMT SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE KANTANMT SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE KANTANMT SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE KANTANMT SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE KANTANMT SOFTWARE OR SERVICES WILL BE CORRECTED. INSTALLATION OF THIS KANTANMT SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.
- E. YOU FURTHER ACKNOWLEDGE THAT THE KANTANMT SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE KANTANMT SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
- F. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KANTANMT OR A KANTANMT AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE KANTANMT SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL KANTANMT BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE KANTANMT SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE KANTANMT SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF KANTANMT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall KantanMT’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9. Export Control.
You may not use or otherwise export or reexport the KantanMT Software except as authorized by Irish law and the laws of the jurisdiction(s) in which the KantanMT Software was obtained. In particular, but without limitation, the KantanMT Software may not be exported or reexported without the express written permission of Xcelerator You also agree that you will not use the KantanMT Software for any purposes prohibited by Irish law.
10. Government End Users.
The KantanMT Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. Â§2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. Â§12.212 or 48 C.F.R. Â§227.7202, as applicable. Consistent with 48 C.F.R. Â§12.212 or 48 C.F.R. Â§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of Ireland.
11. Controlling Law and Severability.
This License will be governed by and construed in accordance with the laws of Ireland, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
12. Complete Agreement; Governing Language.
This License constitutes the entire agreement between the parties with respect to the use of the KantanMT Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, with the exception of any additional terms and conditions you are required to accept if you enter an additional contract with Xcelerator for the provision of services. No amendment to or modification of this License will be binding unless in writing and signed by KantanMT. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.
13. Third Party Notices.
Portions of the KantanMT Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the KantanMT Software, and your use of such material is governed by their respective terms.