Great effort has been put forth to maintain the highest quality standards so that our products and services will perform as expected and without adverse effects. If you have any questions, concerns or suggestions please contact us.
GENERAL TERMS OF USE:
By using any products or services from DOUGLAS SENSIBLE SOFTWARE SOLUTIONS (here after referred to as "The Company"), you agree to the following: Without express written consent from The Company, using The Company's products or services for any other purpose outside of The Company's intended use, including personal or commercial is strictly prohibited. A daily tariff of $1000 will be accrued from the date of first infringement. Links must only link to The Company's link-to approved web pages and when accessed, web pages must be displayed in their entirety to the user without modification or augmentation such that The Company's content will not be surrounded by or accompanied by content not originating from The Company. Linking directly to The Company's resources, on, in, or through any media form is strictly prohibited. You acknowledge that you have read and agree to The Company's privacy policy. The privacy policy and all terms presented above and below are subject to update without notice. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless The Company, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of The Company's products and services or your violation of these Terms and Conditions. In the event of legal proceedings between you and The Company, you agree to pay all The Company's attorney fees and any other associated fees.
SOFTWARE TERMS OF USE:
By downloading any application from The Company, installing or using this application or any portion thereof ("Application"), you agree to the following terms and conditions (the "Terms and Conditions").
1. USE OF APPLICATION
a. The Company grants you the non-exclusive, non-transferable, limited right
and license to install and use this Application solely and exclusively for your
personal use.
b. You may not use the Application in any manner that could damage, disable,
overburden, or impair the Application (or servers or networks connected to the
Application), nor may you use the Application in any manner that could
interfere with any other party's use and enjoyment of the Application (or
servers or networks connected to the Application).
c. You agree that you are solely responsible for (and that The Company has no
responsibility to you or to any third party for) your use of the Application,
any breach of your obligations under the Terms and Conditions, and for the
consequences (including any loss or damage which The Company may suffer) of any
such breach.
2. PROPRIETARY RIGHTS
You acknowledge that (a) the Application contains proprietary and confidential
information that is protected by applicable intellectual property and other
laws, and (b) The Company and/or third parties own all right, title and
interest in and to the Application and content, excluding content provided by
you, that may be presented or accessed through the Application, including
without limitation all Intellectual Property Rights therein and thereto.
"Intellectual Property Rights" means any and all rights existing from time to
time under patent law, copyright law, trade secret law, trademark law, unfair
competition law, and any and all other proprietary rights, and any and all
applications, renewals, extensions and restorations thereof, now or hereafter
in force and effect worldwide. You agree that you will not, and will not allow
any third party to, (i) copy, sell, license,
distribute, transfer, modify, adapt, translate, prepare derivative works from,
decompile, reverse engineer, disassemble or otherwise attempt to derive source
code from the Application or content that may be presented or accessed through
the Application for any purpose, unless otherwise permitted, (ii) take any
action to circumvent or defeat the security or content usage rules provided,
deployed or enforced by any functionality (including without limitation digital
rights management functionality) contained in the Application, (iii) use the
Application to access, copy, transfer, transcode or
retransmit content in violation of any law or third party rights, or (iv)
remove, obscure, or alter The Company's or any third party's copyright notices,
trademarks, or other proprietary rights notices affixed to or contained within
or accessed in conjunction with or through the Application.
3. U.S. GOVERNMENT RESTRICTED
RIGHTS
This Application, related materials and documentation have been developed
entirely with private funds. If the user of the Application is an agency,
department, employee, or other entity of the United States Government, the use,
duplication, reproduction, release, modification, disclosure, or transfer of
the Application, including technical data or manuals, is restricted by the
terms, conditions and covenants contained in these Terms and Conditions. In
accordance with Federal Acquisition Regulation 12.212 for civilian agencies and
Defense Federal Acquisition Regulation Supplement 227.7202 for military
agencies, use of the Application is further restricted by these Terms and
Conditions.
4. EXPORT RESTRICTIONS
The Application may be subject to export controls or
restrictions by the United States or other countries or territories. You agree
to comply with all applicable U.S. and international export laws and
regulations. These laws include restrictions on destinations, end users, and
end use.
5. TERMINATION
These Terms and Conditions will continue to apply until terminated by either
you or The Company as set forth below. You may terminate these Terms and
Conditions at any time by permanently deleting the Application from your
device in its entirety. Your rights automatically and immediately terminate
without notice from The Company or any Third Party if you fail to comply with
any provision of these Terms and Conditions. In such event, you must
immediately delete the Application.
6. INDEMNITY
To the maximum extent permitted by law, you agree to defend, indemnify and hold
harmless The Company, its affiliates and their respective directors, officers,
employees and agents from and against any and all claims, actions, suits or
proceedings, as well as any and all losses, liabilities, damages, costs and
expenses (including reasonable attorneys fees) arising out of or accruing from
your use of the Application, including your downloading, installation, or use
of the Application, or your violation of these Terms and Conditions. In the
event of legal proceedings between you and The Company, you agree to pay all The
Company's attorney fees and any other associated fees.
7. DISCLAIMER OF WARRANTIES
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION IS AT
YOUR SOLE DISCRETION AND RISK AND THAT THE APPLICATION IS PROVIDED AS IS AND AS
AVAILABLE WITHOUT WARRANTY OF ANY KIND.
b. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OR OTHER
DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
c. THE COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT, WITH RESPECT TO THE APPLICATION.
d. THE APPLICATION IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR
FACILITIES, LIFE SUPPORT SYSTEMS,
EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR
TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE
APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR
ENVIRONMENTAL DAMAGE.
8. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, ITS SUBSIDIARIES AND
AFFILIATES, AND ITS LICENSORS ARE NOT LIABLE TO YOU UNDER ANY THEORY OF
LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR
EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE
APPLICATION, INCLUDING ANY LOSS OF DATA OR DAMAGE TO YOUR DEVICE,
WHETHER OR NOT THE COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR
SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
9. MISCELLANEOUS
a. These Terms and Conditions constitute the entire Agreement between
you and The Company relating to the Application and govern your use of the
Application, and completely replace any prior or contemporaneous agreements
between you and The Company regarding the Application.
b. The failure of The Company to exercise or enforce any right or
provision of these Terms and Conditions does not constitute a waiver of such
right or provision, which will still be available to The Company.
c. If any court of law, having the jurisdiction to decide on this
matter, rules that any provision of these Terms and Conditions is invalid, then
that provision will be removed from the Terms and Conditions without affecting
the rest of the Terms and Conditions. The remaining provisions of these Terms
and Conditions will continue to be valid and enforceable.
d. The rights granted in these Terms and Conditions may not be assigned
or transferred by either you or The Company without the prior written approval
of the other party. Neither you nor The Company are
permitted to delegate their responsibilities or obligations under these Terms
and Conditions without the prior written approval of the other party.
e. These Terms and Conditions and your relationship with The Company
under these Terms and Conditions will be governed by the laws of the State of
California without regard to its conflict of laws
provisions. You and The Company agree to submit to the exclusive jurisdiction
of the courts located within the county of Santa Clara, California to resolve
any legal matter arising from these Terms and Conditions. Notwithstanding this,
you agree that The Company will still be allowed to apply for injunctive
remedies (or an equivalent type of urgent legal relief) in any jurisdiction.