David C Cook EULA

End user license agreement

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.

Terms of Use. Your purchase of a license to this eBook or other electronic content (collectively the “DCC Product”) is subject to this License and the DCC Terms of Use and Privacy Policy, which are incorporated herein, along with any other terms that apply to such DCC Product as disclosed to you at the time of purchase (on the DCC website, or otherwise). Such DCC Product is licensed to you on a non-exclusive basis for your personal, non-commercial use. By purchasing, licensing, and/or installing the DCC Product, you acknowledge and agree that you are bound by these terms, that you are at least 18 years of age or you are 13 years of age or older and your parent or guardian has read, understands, and agrees to the terms of this License.
License Terms.
1. 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.
2. 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.
1. 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.
2. 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.
Consent to Use of Data. You agree that DCC may collect and use: (1) non-personally identifiable technical and related information (e.g. technical information about your experience installing and using the DCC Products, your device, system, and application software, etc.) that is gathered periodically to facilitate the provision of DCC Products updates, product support, and other services to you (if any) related to the DCC Products and to verify compliance with the terms of this License; and (2) personally identifiable information about you such as your name, email address, user name, and password. DCC may collect and use this and other information as defined in and in accordance with the DCC Privacy Policy.
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.

Support Services. We may provide support services related to the Licensed Application (“Support Services“) in our sole discretion. Any supplemental software code provided to you as part of the Support Services shall be considered part of the Licensed Application and subject to the terms and conditions of this License. With respect to technical information you provide to DCC as part of the Support Services, DCC may use such information for its business purposes, including for product updates and development.
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. We reserve the right to suspend or end the Services at any time in our discretion and without notice.
Non-Assignability. This License granted to you is personal in nature and you may not assign or transfer the License or any of the rights or obligations hereunder. Any such purported assignment or delegation is void. DCC may transfer or assign the License or any of its rights or obligations hereunder without notice or consent, including without limitation in the event of a merger or consolidation or the purchase of a portion of or all of DCC’s assets.
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.
Complete Agreement; Governing Language. This License and the incorporated DCC Terms of Use and Privacy Policy constitute the entire agreement between the parties with respect to this transaction and the use of the DCC Products licensed hereunder and supersede all prior EULAs or prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by DCC. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
Apple-Specific Provisions. If you downloaded the Licensed Application from the Apple App Store or are using the Licensed Application on an Apple device, the terms in this section apply specifically to you:
1. Apple. You acknowledge that this License is solely between you and DCC and that Apple is not a party to this License. DCC, not Apple, is solely responsible for the Licensed Application and the Content thereof. To the extent that the terms of this License conflict with the App Store Terms of Service, the App Store Terms of Service shall control.
  1. The License granted to you herein is limited to a non-transferable license to use the Licensed Application on Apple devices that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
  2. DCC will be solely responsible for providing maintenance and support in accordance with Section 11 of this License, or as required by applicable law. You acknowledge that Apple has no obligation to furnish any maintenance or support services related to the Licensed Application.
  3. In the event that the Licensed Application fails to conform to any applicable warranty, you may notify Apple and Apple will refund to you the purchase price of the Licensed Application. You acknowledge that to the extent allowed by law, Apple has no other responsibility related to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to the Licensed Application’s failure to conform to an applicable warranty are DCC’s sole responsibility, in accordance with the terms of this License.
  4. DCC, not Apple, is responsible for addressing any claims you may have related to the Licensed Application or your possession or use of the Licensed Application, including but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  5. In the event of any third-party claim that the Licensed Application or your possession or use of the Licensed Application infringes upon the intellectual property rights of a third party, DCC, not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
  6. Any complaint or request for Support Services should be directed to the developer of the Licensed Application, David C Cook, which receives requests at https://davidccook.org/contact/.
  7. You acknowledge that Apple and Apple’s subsidiaries are third-party beneficiaries of this License, and that upon your acceptance of the terms of this License, Apple will have the right to enforce this License against you as a third-party beneficiary.

DCC EULA
Revised May 2021