End User License Agreement – EULA
IMPORTANT – READ CAREFULLY: Please be sure to carefully read and understand all of the rights and restrictions described in this End-User License Agreement “EULA”.
This document is an agreement between you and Degree Days Online, LLC. and its affiliated companies “Company”. The software and any accompanying printed materials are licensed to you only on the condition that you accept all of the terms contained in this EULA
By installing or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA: (i) do not use or install the Software, and (ii) if you have purchased the Software, promptly return the Software and all accompanying materials with proof of purchase to your place of purchase for a refund.
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, music, text and “applets”; incorporated into the Software) and any printed materials accompanying the Software are owned by the Company or its Licencors.
GRANT OF LICENSE
The Software is licensed to you and its use is subject to this EULA. The Company grants you a limited, personal, non-exclusive license to use the Software for the sole purpose of installing it on your mobile phone or other compatible device. The Company reserves all rights not expressly granted to you in this EULA.
1. You may not delete or obscure any copyright, trademark or other proprietary notice on the Software or accompanying printed materials.
2. You may not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Software.
3. You may not copy, rent, lease, sub license, distribute, publicly display the Software, create derivative works based on the Software (except to the extent expressly permitted in the Editor and End-User Variation section of this Agreement or other documentation accompanying the Software) or otherwise commercially exploit the Software.
4. You may not electronically transmit the Software from one computer, console or other platform to another or over a network.
5. You may not use any backup or archival copy of the Software for any purpose other than to replace the original copy in the event it is destroyed or becomes defective.
If the Software was provided to you for trial use for a limited period of time or number of uses, you agree not to use the Software following the expiration of the trial period. You acknowledge and agree that the Software may include code designed to prevent you from exceeding these limits, and that such code may remain on your computer after deletion of the Software in order to prevent you from installing another copy and repeating the trial period.
This EULA is effective until terminated. You may terminate this EULA at any time by contacting the Company. This EULA will terminate automatically without notice from the Company if you fail to comply with any provisions of this EULA. All provisions of this EULA as to warranties, limitation of liability, remedies and damages will survive termination.
LIMITED WARRANTY AND DISCLAIMER OF WARRANTIES
You are aware and agree that use of the Software and the media on which it is recorded is at your sole risk. The Software and media are supplied “AS IS”. Unless otherwise provided by applicable law, the Company warrants to the original purchaser of this product that the Software storage medium will be free from defects in materials and workmanship under normal use for thirty (30) days from the date of purchase. The warranty is void if the defect has arisen through accident, abuse, neglect or misapplication. If the Software fails to conform to this warranty, you may at your sole and exclusive remedy, obtain a replacement free of charge if you return the defective Software. The Company does not warrant that the Software or its operations or functions will meet your requirements, or that the use of the Software will be without interruption or error.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANY OR ITS EMPLOYEES OR LICENCORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY AND NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL THE LIABILITY OF THE COMPANY FOR DAMAGES WITH RESPECT TO THE SOFTWARE EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR THE SOFTWARE.
CHOICE OF LAW AND VENUE
This EULA is governed by the laws of United States and you agree to submit any dispute arising out of this EULA to the exclusive jurisdiction of the Courts of Wyoming.
If any provision or portion of this EULA is found to be unlawful, void, or for any reason unenforceable, it will be severed from and in no way affect the validity or enforce ability of the remaining provisions of the EULA.
This EULA constitutes the entire agreement between you and the Company regarding the Software and its use.