Dm Software Go pro plan License

DM Software License Agreement

THIS SOFTWARE LICENSE AGREEMENT (the “Agreement”) is made

BETWEEN

EUNEOLINK SOLUTIONS (the “Licensor”)

– AND –

The user (the “Licensee”)

Background

The Licensor wishes to license computer software to the Licensee and the Licensee desires to purchase the software licence under the terms and conditions stated below.

IN CONSIDERATION OF the provisions contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows:

License

1. Under this Agreement the Licensor grants to the Licensee a Use-only and non-transferable license (the “License”) to use DM Software (the “Software”).
2. “Software” includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product.
3. Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Licensor. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a licence for use only and is not in any way a transfer of ownership rights to the Software.
4. The Software may be loaded onto more than one computer in a school with this license.
5. The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties.
6. The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.
7. Failure to comply with any of the terms under the Licence section will be considered a material breach of this Agreement.

License Fee

• The purchase price of $30 paid by the Licensee will constitute the entire licence fee and is the full consideration for this Agreement.
• The following services are provided to the Licensee by the licensor if requested by the Licensee. These accumulate an independent pricing as determined by the Licensor:
• Customised Reports
• Added Functions that meet the school specific need (s)

Limitation of Liability

1. The Software is provided by the Licensor and accepted by the Licensee “as is”. Liability of the Licensor will be limited to a maximum of the original purchase price of the Software. The Licensor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of data, or any other disadvantage suffered by the Licensee arising out of the use or failure to use the Software.
2. The Licensor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.
3. The Licensor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.

Warrants and Representations

1. The Licensor warrants and represents that he is the copyright holder of the Software. The Licensor warrants and represents that granting the licence to use this Software is not in violation of any other agreement, copyright or applicable statute.

Acceptance

1. All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee (“Acceptance”) upon execution of this Agreement.

User Support

1. The following is what is meant by user supports:  A guide on how to use the program is provided by the Licensor through the software user manual. Maintenance is not provided as part of this Agreement.

Term

1. The term of this Agreement will begin on Acceptance and is perpetual.

Termination

1. This Agreement will be terminated and the Licence forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Software or return the Software to the Licensor

Force Majeure

1. The Licensor will be free of liability to the Licensee where the Licensor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Licensor has taken any and all appropriate action to mitigate such an event.

Miscellaneous

1. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
2. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
3. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Licensor’s successors and assigns.

Notices

• All notices to the parties under this Agreement are to be provided using addresses provided by both parties at the moment of purchase of the Software by the Licensee.

BY DOWNLOADING THIS SOFTWARE the Licensee agrees to all terms and conditions outlined in this License.