DAVID C COOK (“DCC”)
DCC DIGITAL PRODUCT END-USER LICENSE AGREEMENT
Please read this End User License Agreement (“License”) between you, the registered end-user, and DCC before completing this transaction and/or accessing a DCC Product (defined below). By completing this transaction, licensing, downloading, and/or accessing the DCC Product, you agree on behalf of yourself (and the organization for which you are licensing, downloading, and/or accessing the DCC Product, where applicable) to be bound by the terms of this License. If you do not agree to the terms of this License, do not complete this transaction or access the DCC Product.
IMPORTANT: You are not authorized or permitted to reproduce, share, post, alter, or distribute any content, including without limitation text, graphics, images, video, audio, charts, widgets, user interfaces, visual interfaces, trademarks, logos, software code, and other copyrighted or otherwise proprietary content included in the DCC Product (defined below) except as expressly permitted by a specific element of a DCC Product or this License. You may not resell, relicense, or distribute your DCC Product to any other person or entity.
- License Terms.
- Subject to your full payment for the DCC Product(s) and compliance with Sections 1, 2, and 6, herein, DCC hereby grants to you a non-exclusive, worldwide, perpetual license to access and display the DCC Products in accordance with this License on authorized devices under your exclusive control, solely for your personal, non-commercial use. You may not sell, rent, lease, lend, redistribute, or sublicense any DCC Product. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the DCC Products or any part thereof, including any digital rights management or other security technology.
- DCC reserves all rights not expressly granted to you in this License. The rights granted herein are limited to DCC’s and its licensors’ intellectual property rights in the DCC Products and do not include any other intellectual property rights. You own the device on which the DCC Products are accessed but DCC and/or DCC’s licensor(s) retain ownership of the DCC Products themselves. The terms of this License will govern any updates provided by DCC that replace and/or supplement the original DCC Products, unless such update is accompanied by a separate license in which case the terms of that license will govern.
- Electronic Contracting. You acknowledge that your electronic submissions constitute Your agreement and intent to be bound by and to pay for such agreement and transaction. Your agreement and intent to be bound by electronic submissions applies to all records relating to this transaction or related to the DCC Product, including notice of cancellation, policies, contracts, and applications.
- Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE DCC PRODUCTS (AS DEFINED ABOVE) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THIS LICENSE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DCC PRODUCTS ARE PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DCC AND DCC’S LICENSORS (COLLECTIVELY REFERRED TO AS “DCC” FOR THE PURPOSES OF SECTIONS 4 AND 5), TO THE FULL EXTENT ALLOWED BY LAW, HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE DCC PRODUCTS AND CONTENT, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. DCC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE DCC PRODUCTS, THAT THE FUNCTIONS CONTAINED IN THE DCC PRODUCTS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE DCC PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE DCC PRODUCTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DCC OR A DCC AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE DCC PRODUCTS OR CONTENT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability.
- TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL DCC BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THIS TRANSACTION OR YOUR USE OR INABILITY TO USE THE DCC PRODUCTS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF DCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
- In no event shall DCC’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the greater of the amount you paid for the DCC Products or fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- Use of Content. You agree that the DCC Products include content and proprietary information that is owned by DCC and/or its licensors and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such content in any way whatsoever except as expressly permitted by this License or applicable law. No portion of the content in the DCC Product may be reproduced in any form or by any means except as allowed within the DCC Product. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the content of the DCC Product, in any manner, and you shall not exploit the content in any unauthorized way whatsoever.
- Updates. A DCC Product labeled or otherwise identified by DCC as an update replaces and/or supplements the prior DCC Product you licensed. Only you are eligible to use the update and may only do so in accordance with the terms of this License.
- Exchanges. If a DCC Product you obtain from DCC or DCC’s licensee is corrupted or unusable, please contact the DCC Support contact to inquire about a replacement. As the product is digital, no returns of DCC Products will be accepted at any time. Refunds are in the discretion of DCC.
- Customer Warranty. By your purchase, installation, or use of the DCC Product, you represent and warrant that You are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” nation, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- Term and Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from DCC if You fail to comply with the terms of this License. Upon the termination of this License, you shall cease all use of the DCC Products and destroy or permanently delete all copies, full or partial, of the DCC Products. DCC’s failure to insist upon or enforce your strict compliance with this License will not constitute a waiver of any of its rights.
- Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of Colorado, as applied to agreements entered into and to be performed entirely within Colorado between Colorado residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
Revised November 2017