END USER LICENSE AGREEMENT
DESTROY ALL SOFTWARE (“COMPANY”) LICENSES THIS PLATFORM TO YOU SUBJECT TO THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (“EULA”).
THE PLATFORM AND ITS CONTENTS ARE PROTECTED BY COPYRIGHT AND ARE LICENSED ON A LIMITED BASIS TO YOU AND NOT SOLD TO YOU. PLEASE READ THESE TERMS AND CONDITIONS BEFORE YOU USE THE PLATFORM. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS EULA, PLEASE DO NOT USE THE PLATFORM OR ITS CONTENT.
COMPANY RESERVES THE RIGHT TO UPDATE THIS EULA AT ANY TIME, AND IS NOT OBLIGATED TO NOTIFY YOU. NOTWITHSTANDING THE FORGOING, COMPANY WILL REASONABLY INFORM YOU OF ANY REVISIONS, MODIFICATIONS OR OTHER CHANGES TO THE PLATFORM, AND THIS EULA, BY POSTING A NOTIFICATION ON THE PLATFORM.
LICENSE GRANT, USE AND OWNERSHIP
Limited License. Subject to compliance with this Agreement, Company hereby grants to Licensee a non-exclusive, non-transferable license (without the right to sublicense) to use the Platform to view the content only for its own non-commercial purposes.
Restrictions. Licensee will not copy or use the Platform except as expressly permitted in this EULA. Licensee will not, and will not permit any third party to, sublicense, rent, copy, modify, create derivative works of, translate, reverse engineer, decompile, disassemble, or otherwise reduce any portion of the Platform. Licensee will not remove or alter any trademark, logo, copyright or other proprietary notices, symbols or labels on or accompanying the Platform. The Platform is proprietary property of Company. In no event will Licensee use the Platform for Licensee’s product development or any other commercial purpose.
Ownership. Company owns and retains all right, title and interest in and to the intellectual property rights in the Platform and any derivative works thereof. The Platform is protected under U.S. Copyright laws, other proprietary laws, and international treaties. Licensee does NOT acquire any other rights, express or implied, in the Platform. ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER ARE RESERVED TO COMPANY.
LIMITATION OF LIABILITY. IT IS UNDERSTOOD THAT THE PLATFORM IS PROVIDED “AS-IS”. IN NO EVENT WILL COMPANY BE LIABLE TO THE OTHER PARTY FOR – WITHOUT LIMITATION – ANY LOSS OF USE; INTERRUPTION OF BUSINESS; OR ANY DIRECT; INDIRECT; SPECIAL; INCIDENTAL; EXEMPLARY OR PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT; TORT (INCLUDING NEGLIGENCE); STRICT PRODUCT LIABILITY OR OTHERWISE; WHETHER ARISING OUT OF THE USE OR INABILITY TO USE THE PLATFORM (INCLUDING BUT NOT LIMITED TO LOSS OR UNCONSENTED TO DISCLOSURE OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY LICENSEE OR THIRD PARTIES OR A FAILURE OF THE PLATFORM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY’S TOTAL LIABILITY UNDER THIS EULA WILL NOT EXCEED THE FEE RECEIVED BY COMPANY FROM LICENSEE FOR THE APPLICABLE LICENSE IN THE THREE MONTHS PRECEDING THE DATE OF THE CLAIM.
GOVERNING LAW; DISPUTE RESOLUTION. This Agreement will be governed by and interpreted in accordance with the laws of the State of Washington. Company prefers to resolve things amiably when possible therefore, Licensee agrees to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the Platform. Licensee will first notify Company of its dispute by sending a notice to our Contact Address.
Informal Negotiations: Parties to a dispute concerning this Agreement will attempt to informally negotiate a potential settlement or resolution to the dispute; Arbitration: In the event that informal negotiations are unsuccessful, the parties agree to follow the arbitration procedures set forth by JAMS resolve the dispute. Binding Arbitration: If for any reason arbitration is unsuccessful or unavailable to the parties, the parties each agree to submit to binding arbitration in the jurisdiction of the State of Washington. Each party is responsible for paying its own filing, administrative and arbitrator fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
ENTIRE AGREEMENT. This Agreement, constitutes the complete and exclusive agreement between Licensee and Company with respect to the Platform, and supersedes all prior or contemporaneous oral or written communications, unless otherwise mutually agreed to by the parties in writing.