Legal and Binding Agreement
This license agreement (“Agreement”) is a legal agreement between You (“you”, “your”, “purchaser”), and Digital Automation, Inc., a Florida corporation (“we”, “our”, “us” or “DA”) pertaining to the driver package (“Software”) in our store at DigitalAutomation.us. The Software is distributed and licensed on a per-processor basis.
A license key (“Key”) is required for the proper operation of the Software. This Key is generated at the time of purchase and is linked to the specific hardware that You provide Us details of when purchasing the Software. It is Your responsibility to provide accurate information before proceeding with the purchase. Refunds or new Keys will not be issued due to errors or changes to the information after purchase. All purchases are final.
The Key will be available upon purchase as well as delivered via email along with links to download the Software. There will be no physical delivery.
The Software’s current functionality will be maintained as necessary to ensure proper operation. Any required Software updates will be provided free-of-charge. Updates to functionality may be released at our discretion, variations of this Software may become a separate purchasable new product.
Technical support will be provided on a case by case basis and will be at our discretion. If support is provided, it will only be available for the latest un-modified released version of the Software. This service is only available to the Purchaser of the Software. We reserve the right to withdraw the item from sale for any reason and at any time and discontinue support.
You must accept the terms of this Agreement before purchasing, downloading, accessing or otherwise using the Software. BY DOWNLOADING ANY SOFTWARE DRIVER FROM OUR WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT DOWNLOAD OR USE ANY SOFTWARE DRIVER. THESE SOFTWARE DRIVERS ARE COPYRIGHT PROTECTED AND ANY USE IN VIOLATION OF THIS AGREEMENT CONSTITUTES INFRINGEMENT ON OUR INTELLECTUAL PROPERTY RIGHTS.
Who is covered?
If You are entering into this Agreement on behalf of a company, the license granted and restrictions and limitations recited in this Agreement apply to the company and to all of the employees, contractors and agents of the company. The terms of this Agreement also apply to your customers who may receive the benefit of our Software. They may not re-use the Software except as specifically permitted by this Agreement without obtaining their own license.
LICENSE NOT OWNERSHIP
Our Software is licensed and not sold. We reserve all rights not expressly granted to you in this Agreement. All of the rights to the Software, including documentation and additional materials, are owned by us. This Agreement does not provide you with title or ownership, but only a right of limited use as outlined in this Agreement. You do not have the right to sublicense any rights to the Software or to allow, permit or assist anyone else other than a proper license holder to utilize the Software in any manner other than as specifically provided in this License Agreement.
TERMS OF LICENSE
We grant you a limited, non-exclusive license to use the Software as follows:
- Integrate the Software with your applications subject to the prohibition against sublicensing, resale or redistribution below (“Applications”).
- Use the Software as compiled resources within an application, as part of your installation/setup program, as part of a web application or as part of marketing resources for your Application (for example, web site & manual) (“Resources”).
You may NOT:
- Transfer, assign or sublicense your license rights to the Software to any other person or entity (other than the end user of the Automation System solely for the use of the end user at the location of the Automation System), or use the Software on or with any unapproved software or equipment, and Purchaser acknowledges that any attempted transfer, assignment, or sublicense shall be void and of no force or effect
- Make error corrections to or otherwise modify or adapt the Software or create derivative works based upon the Software, or permit third parties to do so;
- Reverse engineer or decompile, decrypt, disassemble or otherwise reduce the Software to human-readable form, or permit third parties to do so;
- Publish any results of benchmark tests run on the Software except as required for internal purposes;
- Disclose, provide, or otherwise make available trade secrets or copyrighted materials of DA in any form to any third party without the express prior written consent of DA which DA may withhold in its discretion. Purchaser shall implement reasonable security measures to protect such trade secrets and copyrighted materials;
- Exporting the Software or underlying technology in contravention of any applicable export control laws and regulations; or
- Rent, lease, distribute, sell, or create derivative works of the Software.
We wish to make sure that one important point is completely clear. We are granting a limited, nonexclusive license to use the Software to you solely in connection with your Applications, Projects and Resources and not to be used by anyone else other than you without obtaining a proper license from us. If you do anything that allows any third party to violate the terms of this License Agreement or to use our Software without obtaining a proper license, we will immediately terminate your license and you will no longer have any rights whatsoever to use any of the Software in any manner. If you do not immediately remove all of the Software from all of your Applications, Projects and Resources, we will take immediate action to require you to do so. You will not be entitled to any refund for any license fees paid nor to any costs or damages incurred by you in removing any Software from your Applications, Projects and Resources.
DISCLAIMER OF WARRANTY
We do not make any warranties regarding this Software, express, implied, or statutory, and we specifically disclaim any implied warranties of merchantability and fitness for a particular purpose. The Software is provided to you “AS IS”. We do not warrant that the operation of the Software will be uninterrupted or error free, will meet your requirements, or will operate with the combination of hardware and software selected by you.
LIMITATION OF LIABILITY
Our entire liability and your exclusive remedy in the event of any actionable claim by you against us with respect to this License Agreement or your proper use of the Software (which is subject to you terminating access to our website and terminating use of any of the Software in any and all Applications, Projects and Resources) will be to refund the license fee and terminate the license under this Agreement. In no event will we be liable for any damages, including loss of data, lost profits, cost of cover or other special, incidental, consequential or indirect damages arising from the use of the Software.
This Agreement will be governed by the laws of the State of Florida. In any dispute arising out of this Agreement, you and we each consent to the exclusive personal jurisdiction and venue in the state and Federal courts within Broward County, Florida. This Agreement is the entire agreement between us pertaining to your limited, non-exclusive license to use the Software and supersedes any other communications or advertising in any form or media with respect to the Software. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
If you have any questions about this Agreement or the permitted use of the Software, please contact us at Drivers@DigitalAutomation.us