END USER LICENSE AGREEMENT FOR DELTA SOFTWARE INTERNATIONAL, LLC SOFTWARE
BY DOWNLOADING, INSTALLING OR USING Delta Software International’s DrawPro™ GRAPHICS/DRAWING SOFTWARE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT.
This End User License Agreement (this “Agreement”) is a contract between you (either an individual or a single entity) and Delta Software International for the DrawPro™ graphics/drawing software and any related explanatory materials for the software, including any updates or upgrades thereto (the “Software”).
By downloading, installing or using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you have no right to use the Software.
Subject to all of the terms and conditions of this Agreement, Delta Software International grants you a non-exclusive, non-transferable license to use the Software. Software with restricted capabilities may be provided by Delta Software International free of charge, but Delta Software International grants only a temporary license to use such restricted Software for evaluation purposes only, subject to the terms and conditions of this Agreement.
The Software is licensed, not sold, and remains the property of Delta Software International. You obtain no rights in the Software other than those granted under this Agreement.
A. Copies. You may install and use one copy of the Software on a single computer. The Software may not be shared or used concurrently on different computers. After installation of one copy of the Software as permitted by this Agreement, you may keep the original Software media for backup or archival purposes only. If the original Software media is required to use the Software on your computer, you may make one copy of the Software solely for backup or archival purposes. Except as expressly provided in this Agreement, you may not otherwise make copies of the Software.
B. Modifications; Reverse Engineering. You shall not have the right to modify, enhance or adapt the Software. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the Software’s source code, except and only to the extent that such activity is expressly permitted by applicable law, notwithstanding this limitation.
C. Software Transfer. You may not rent, lease, license, assign or otherwise transfer the Software or your rights under this Agreement to another party without the prior written consent of Delta Software International.
All title and copyrights in and to the Software and any copies of the Software are owned by Delta Software International or its licensors. The Software is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material. You may not remove any copyright, trademark, or other proprietary or license notice from the Software.
Without prejudice to any other rights Delta Software International may have, the license granted under this Agreement will automatically terminate if you fail to comply with the terms and conditions of this Agreement. In such event, you must immediately cease use of and destroy all copies of the Software.
A. Limited Warranty for Purchased Software. If you purchased the Software, Delta Software International warrants that the Software will perform substantially in conformance with its documentation for a period of ninety (30) days from the date of delivery of the Software (“Warranty Period”).
B. No Warranty for Evaluation Software. Restricted Software provided free of charge is provided for evaluation purposes only on an “AS IS” basis, without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non infringement of third party rights. You bear the entire risk arising out of use or performance of Software provided free of charge.
C. Warranty Limitation. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, Delta Software International DISCLAIMS ANY AND ALL PROMISES, WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, INCLUDING ITS CONDITION, ITS CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, ITS NONINFRINGEMENT WITH THIRD PARTY RIGHTS AND ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states or jurisdictions do not allow the exclusion or limitation of implied warranties; therefore, the above limitation might not apply to you.
Correction of Defects
your exclusive remedy for any nonconformity or defect in the Software for which Delta Software International is responsible, Delta Software International shall attempt, through reasonable efforts, to correct, or cure such nonconformity or defect. However, Delta Software International shall not be obligated to correct, cure or otherwise remedy any nonconformity or defect in the Software if you have made any changes whatsoever to the Software, if the Software has been misused or damaged in any respect, or if you have not reported to Delta Software International the existence and nature of such nonconformity or defect within the Warranty Period.
No Liability for Consequential Damages
IN NO EVENT SHALL Delta Software International BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF Delta Software International HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, Delta Software International’s ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE SOFTWARE. THESE LIMITATIONS APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. Some states or jurisdictions do not allow the exclusion or limitation of liability; therefore, the above limitations might not apply to you.
U.S. Government Restricted Rights
The Software is a commercial computer software program developed exclusively at private expense. Use, duplication, and disclosure by civilian agencies of the U.S. Government shall be in accordance with FAR 52.227-19 (c) or other agency data rights provisions, as may be applicable. Use, duplication and disclosure by DOD agencies is subject solely to the terms of this standard software Agreement, as stated in DFARS 227.7202. Contractor/Manufacturer is Delta Software International, LLC, in the state of Oklahoma of the United States of America.
With regard to any use of the Software outside of the United States, you agree that you will at all times act in conformance with all export laws, regulations and decrees of the U.S. Government and any agency thereof, including, without limitation, the International Traffic In Arms Regulations and Department of Commerce licensing regulations. You agree that you will not export or re-export the Software to any country, person, entity or end user subject to U.S. export restrictions. 9. Governing Law You agree that any dispute, claim or cause of action related to or arising out of this Agreement, whether in an action for or arising out of breach of contract, tort, or otherwise, will be governed by the laws of the United States of America and of the State of Oklahoma, without regard to choice of law principles. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts located in the state courts and Federal courts located in Tulsa County, Oklahoma, U.S.A., and you hereby consent to such jurisdiction and venue.
If any portion of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, the court should nevertheless give effect to the remaining provisions and portions so as to give effect to the intentions of the parties expressed herein, insofar as that is possible.