This web site is owned and operated by Delta Software International, LLC (“DSI”) and is provided to you under the following Terms and Conditions (“Terms”). The Terms constitute the entire agreement between you and DSI relating to use of DSI’s web site and services provided by DSI. By using DSI’s web site, you acknowledge having read and accepted the Terms and agree to be bound by all of the provisions of the Terms.
DSI’s www.drawpro.com is a web site and online service dedicated to software offered by DSI (the “Service”). Certain portions of the Service are only provided to subscribers. You may become a subscriber to DSI’s monthly newsletter by registering on DSI’s web site here.
Modification of the Terms and Conditions of Service
DSI reserves the right to modify the Terms from time to time. Modifications will be effective when they are posted on DSI’s web site. You are responsible for reviewing these Terms regularly. Your continued use of the Service constitutes acceptance of the modified Terms. DSI reserves the right to modify or discontinue the Service with or without notice.
You must be at least sixteen (16) years of age to register for and use the Service. By registering for or using the Service, you warrant that you are above the age of sixteen (16). It is the responsibility of parents or legal guardians of children between the ages of sixteen (16) and eighteen (18) to monitor a minor’s use of the Service.
Ownership; Restrictions on Use of Materials
The content included in DSI’s web site and provided through the Service, including, but not limited to, text, graphics or code, is owned by or licensed to DSI. You may download, view, and print text and graphics from DSI’s web site, provided that such content is only used for informational, non-commercial purposes, and is not modified or altered in any way. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information or content from the Service or DSI’s web site, in whole or in part, without the prior written permission of DSI.
SOFTWARE REFUND NOTICE
SOFTWARE PURCHASES MADE BY DIGITAL DOWNLOAD ARE COMPLETELY NON-REFUNDABLE.
DRAW PRO SOFTWARE BACKUP CD’S or USB DRIVES ARE COMPLETELY NON-REFUNDABLE.
Retail store software products which require physical shipment and have been shipped to you but are subsequently approved by the publisher for a refund will be charged a 30% service charge fee. Under no circumstance is the 30% service charge fee refundable. The package shipped to you MUST be returned UNOPENED, no exceptions.
All retail store refunds must be approved by the software publisher (this does not include any type of online software purchases). Upon receiving an original copy of the store receipt and your refund request, we will forward your request to the software publisher who will then authorize or decline the refund within fifteen (15) business days. You will be notified by e-mail as to whether or not the software publisher authorizes the store refund.
If the software publisher approves your retail store refund request, you must return all of the software product physically delivered to you along with the original store receipt. Additionally, you must delete the software from any and all computers on which it was installed, and you must delete or destroy all other copies of the refunded software in every form. The approved refund will be processed within (30) business days after our receipt of the unopened returned product.
Software Piracy and Copyright Infringement
Computer software is protected by United States copyright laws (U.S. Code Titles 17 and 18). When purchasing software, you do not become the owner of the software or its copyright. Instead, you purchase a license to use the software solely as permitted by the software’s end user license agreement. If you copy, distribute or install the software in ways not permitted by the license agreement (regardless of whether you are doing so for sale, free distribution, or personal use), you are committing copyright infringement and breaking the law. Such actions potentially expose you to serious civil liabilities and/or criminal prosecution.
If you commit copyright infringement or place any type of stop payment, the copyright owner may file a lawsuit to stop you from using the software and can also request monetary damages.
Monetary damages may include statutory damages, which can be as much as $150,000 for each program copied. The government can also criminally prosecute you for copyright infringement. If convicted, you can be fined up to $250,000 and/or sentenced to jail for up to five (5) years.
Software End User License Agreement
Any software downloaded in connection with the Service or otherwise purchased from DSI shall be subject to DSI’s End User License Agreement. Prior to downloading or purchasing DSI’s software, you should thoroughly review the End User License Agreement, which sets forth limitations and obligations relating to your use of the software. By purchasing, downloading or using DSI’s software, you acknowledge having read and accepted the terms and conditions of DSI’s End User License Agreement and agree to be bound by all of the provisions of such Agreement.
Your right to use the Service is personal to you, and sales of the Service to any third party without the express written consent of DSI is denied.
You agree not to transmit, display or otherwise disseminate through the Service any unlawful, infringing, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit, display or otherwise disseminate through the Service any material or information that encourages conduct that could constitute a criminal offense, give rise to civil claims of liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are strictly prohibited.
You shall not interfere with another individual’s or entity’s use and enjoyment of the Service.
Your use of the Service is subject to all applicable local, state, national and international laws and regulations. You agree: (i) to comply with all such applicable laws and regulations, including but not limited to, United States law regarding the transmission of technical data exported from the United States; (ii) not to use the Service for illegal purposes; (iii) not to interfere or disrupt networks connected to DSI’s web site; and (iv) to comply with all regulations, policies and procedures of networks connected to DSI’s web site.
DSI may, at its sole discretion, and without notice, immediately terminate the Service should it reasonably believe that your conduct or use of the Service fails to conform with any of the Terms.
No Responsibility or Liability for Content
As part of the Service, DSI may offer access to other media, commerce and informational services. You acknowledge that DSI is not obligated to preview, screen or monitor any information, data, text, software, messages or other materials of third parties (” Content “) transmitted or accessed through the Service. DSI does not guarantee the accuracy, integrity, quality or appropriateness of such Content. UNDER NO CIRCUMSTANCES WILL DSI BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR IN CONNECTION WITH ANY CONTENT ACCESSED, POSTED OR OTHERWISE TRANSMITTED VIA THE SERVICE. You accept sole responsibility to evaluate the accuracy, completeness, usefulness or appropriateness of any Content accessed, posted, or otherwise transmitted through the Service.
The Service may provide you with opportunities to transfer, be transferred or link to, third party providers of services, products, advertisements or Content (” Service Providers “) that may be accessible through and operate with the Service. You agree that DSI is not responsible for the accessibility or unavailability of Service Providers or for any interaction and dealings with them. DSI does not endorse and is not responsible or liable for any Content, advertising, products or services available or unavailable from, or through, such Service Providers. You further agree that if you use or rely on such Content, advertisement, products or services on, available or unavailable from, or through any such Service Provider, DSI IS NOT RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH SUCH USE OR RELIANCE. Your dealings with, or participation in promotions of Service Providers, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Service Providers and do not involve DSI.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS DONE SO AT YOUR SOLE RISK.
DSI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO ANY OF THE SERVICES, INFORMATION, CONTENT OR OTHER MATERIALS OBTAINED, PROVIDED OR MADE AVAILABLE THROUGH THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT SHALL DSI BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, RESULTING FROM: (i) THE USE OF OR INABILITY TO USE THE SERVICE; (ii) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION, DATA, COMMUNICATIONS OR MESSAGES; (iii) STATEMENTS BY, CONDUCT OF OR CONTENT FROM ANY SERVICE PROVIDERS OR OTHER THIRD PARTY IN CONNECTION WITH THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE, EVEN IF DSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS.
You shall indemnify, defend and hold DSI, its parents, subsidiaries, officers, directors, employees, agents, other service providers, vendors and customers, harmless from and against any claims, suits or other proceedings and any and all damages, losses, liabilities and costs, including attorneys’ fees, arising out of your (i) use of the Service, (ii) violation of the Terms, (iii) alleged infringement of any patent, copyright or other intellectual property right or (iv) alleged violation of any other claimed right of any party. DSI may, at its sole discretion, assume the exclusive defense and control of any matter subject to this indemnification. The assumption of such defense or control by DSI, however, shall not be construed as DSI’s assumption of any liability or responsibility in relation to such matter and shall not excuse you of any of your indemnity obligations.
Governing Law and Arbitration
You agree that any dispute, claim or cause of action related to or arising out of the Terms or Service, 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. You agree to submit any dispute, claim or cause of action with DSI, whether in an action for or arising out of breach of contract, tort, or otherwise, exclusively to final and binding arbitration in Tulsa County, Oklahoma. Such arbitration proceedings shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association. You agree that any arbitrator shall not have authority to award consequential or punitive damages against DSI. You agree to be bound by any ruling in such arbitration proceeding and that such ruling shall be enforceable in any court of competent jurisdiction. The failure of DSI to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision in the future.
You agree that any claim or cause of action arising out of or related to the Terms or Service must be commenced within one (1) year after the claim or cause of action arose; otherwise, such claim or cause of action is permanently barred. You acknowledge and understand that the purpose of the preceding sentence is to shorten the period within which you would otherwise have to raise such claim or cause of action under applicable laws.
If any portion of the Terms is found by an arbitrator or a court of competent jurisdiction to be invalid, illegal or unenforceable, the arbitrator or 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.
No Assignment by You
Neither the Terms nor any rights or obligations here under may be assigned by you.