IMPORTANT NOTICE: READ CAREFULLY BEFORE CONTINUING
THIS SOFTWARE IS PROVIDED TO YOU UNDER THE FOLLOWING LICENSE AGREEMENT.
THIS LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL,
AN INDIVIDUAL STUDENT, OR A SINGLE NON-COMMERCIAL ENTITY) AS END USER AND LICENSEE, AND
DigiArea, Inc. ("DA"), AND DEFINES WHAT YOU MAY DO WITH
THE SOFTWARE, AND WHAT LIMITATIONS EXIST ON WARRANTIES AND REMEDIES RELATED TO
THE SOFTWARE. BY INSTALLING OR OTHERWISE USING THIS SOFTWARE, YOU (LICENSEE, AS
DEFINED BELOW) ARE BECOMING A PARTY TO THIS LICENSE AGREEMENT AND YOU ARE
CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT,
YOU SHOULD NOT DOWNLOAD, INSTALL AND USE THE SOFTWARE.
OWNERSHIP OF SOFTWARE.
DA owns (or has the right to sublicense) and retains all right,
title and interest, including all copyrights and other intellectual property
rights, (whether or not patentable or registerable under copyright, trademark,
or similar legislation or subject to analogous protection) in and to the
software, including, without limitation, all software and associated media,
enhancements, improvements, corrections, and/or modifications to the
product software (collectively, the "Software") as well as related
DA does not sell any rights in the Software, but rather grants
the right to use the Software by means of a software license.
DA reserves all rights with respect to the Software not expressly
granted by this License Agreement.
The Software and Documentation are protected by copyright laws and
international copyright treaties, as well as other intellectual property laws
GRANT OF LICENSE. Subject to the terms, conditions, and limitations set forth in
this License Agreement, including any amendments thereto, Licensor hereby grants to Licensee a
limited, non-exclusive, non-transferable license to use Software as follows:
(a) Licensee may:
(i) use the licensed edition and version of the Software
on any on any device, operating system and browser supported by the Software;
(ii) use the Software for non-commercial, personal and educational purposes only, including conducting
academic research or providing educational services, without intending to seek any commercial advantage or financial gain.
(b) Licensee may not:
(i) sell, redistribute, encumber, give, lend, rent, lease, sublicense,
or otherwise transfer the Software, or any portions of the Software, to anyone without the prior written consent of DA;
(ii) reverse engineer, decompile, disassemble, modify, translate, make any
attempt to discover the source code of the Software, or create derivative works from the Software;
(iii) use the Software for any commercial purpose.
(iv) use the Software in any unlawful manner whatsoever.
If you receive a replacement to or modification of this
Software by DA, any such replacement or modified software code or
upgrade to the Software shall be considered part of the Software and subject to
the terms of this agreement (unless this agreement is superceded by a further
agreement accompanying such replacement or modified version of or upgrade to the
Software). In the event that DA supplies a replacement or modified
version of or any upgrade to the Software, your continued use of the Software is
conditioned on your acceptance of any accompanying superceding license
DA will provide you with support services
related to the Software ("Support Services"). Use of Support Services is
governed by the DA polices and programs described in the user manual,
in "on line" documentation and/or other DA-provided materials. Any
supplemental software code provided to you as part of the Support Services shall
be considered part of the Software and subject to the terms and conditions of
this EULA. With respect to technical information you provide to DA as
part of the Support Services, DA may use such information for its
business purposes, including for product support and development.
This License Agreement becomes effective upon your accepting
this License Agreement and downloading the Software, and is effective until
terminated. DA may terminate this License Agreement without notice to
you if you fail to comply with any provision of this License Agreement. Upon
termination, you agree to immediately cease using the Software and Documentation
The Ownership of Software and Limited Warranty
and Liability sections of this License Agreement shall continue in force after
LIMITED WARRANTY AND LIABILITY.
OTHER THAN AS OUTLINED ABOVE AND TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE SOFTWARE AND DOCUMENTATION
ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
DA, ITS AFFILIATES, DEALERS OR DISTRIBUTORS, SHALL CREATE A WARRANTY OR
IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ASSUME THE ENTIRE RISK AS TO
THE USE AND PERFORMANCE OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF
CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. IN NO EVENT SHALL
DA, ITS AGENTS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION,
PRODUCTION OR DELIVERY OF THE SOFTWARE AND/OR DOCUMENTATION BE LIABLE TO YOU OR
ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL
DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES OR PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT
OF THE USE OR INABILITY TO USE THE SOFTWARE, THE INSTALLATION OF THE SOFTWARE,
THE TERMINATION OF THIS AGREEMENT, THE FAILURE OF EQUIPMENT RELATED TO YOUR
COMPUTER OR DAMAGE TO YOUR COMPUTER, SOFTWARE OR OTHER PROPERTY RESULTING FROM
YOUR USE OF THE SOFTWARE OR FROM ANY VIRUS, EVEN IF DA OR ITS AGENTS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR CLAIM, OR IT IS
FORESEEABLE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. DA'S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT
EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE AND DOCUMENTATION. THE
LIMITATIONS OF THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR
DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM. SOME JURISDICTIONS DO
NOT ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify and hold DA harmless from
and against any loss, liability, cost, expense or damage arising out of any
claim, suit action or judgment brought against DA or its Affiliates
related to your violation of any provincial, state, federal or other laws or
regulations or any third party rights.
You acknowledge that you have read this License
Agreement and limited warranty, understood them, and agree to be bound by their
terms and conditions. You also agree that this License Agreement is the complete
and exclusive agreement between you and DA, and supersedes all prior
agreements, representations and any other communications, oral or written,
between you and DA relating to the subject matter of the License
Agreement including, without limitation, any warranties with respect to the
Software and Documentation. This License Agreement may only be amended by
written agreement of both parties.
Should you have any questions concerning this License Agreement, contact
1309 Enterprize Way
Carson City, NV 89703