END-USER LICENSE AGREEMENT FOR REMOTE SUPPORT SERVICE
IMPORTANT – READ CAREFULLY
THIS END-USER LICENSE AGREEMENT (EULA) FORMS A LEGAL AGREEMENT BETWEEN YOU AND DIGITAL CONTROL INCORPORATED (“DCI”) FOR THE REMOTE SUPPORT SOFTWARE AND ASSOCIATED MEDIA AND DOCUMENTATION AND ANY UPDATES, MODIFICATIONS, ENHANCEMENTS OR NEW VERSIONS THEREOF (COLLECTIVELY SOFTWARE). BY CLICKING "YES" OR DOWNLOADING, INSTALLING, ACCESSING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE WITH THIS EULA, DO NOT DOWNLOAD, INSTALL, ACCESS OR USE THE SOFTWARE.
WARNING! By downloading or installing the Software, you will permit others to remotely access your server, workstation or PC. You are solely responsible and wholly liable for ensuring that the person accessing your server, workstation or PC has your authorization to do so. You are also solely responsible and wholly liable for the confidentiality and security of your data, software and hardware. You agree that DCI is not responsible or liable for situations where your data, software and hardware is accessed by third parties with or without your authorization or through improper, illegal or illicit means, including, without limitation, situations where data, software and hardware owned by you is accessed through the exploitation of security gaps, weaknesses or flaws which may exist in the Software or the equipment used to provide the Software hosting services.
DCI is knowledgeable about its own software and products, but does not hold itself out as having any special expertise in computers, operating systems, or any non-DCI program including this third-party Remote Support Software. DCI will not intentionally harm your computer, operating system, or any program while providing remote support services, but DCI cannot guarantee that no harm will be done to your computer, operating system, or any program as a result of DCI’s remote support services. DCI accepts no responsibility for any such unintentional harm.
Restrictions - You WILL NOT:
(a) copy, modify, rent, lease, sell, distribute, sublicense, translate, modify, reprogram or transfer the Software or any portion thereof, timeshare the Software, make the Software available to others on the Internet, any BBS or any on-line service, or allow others to copy, access or use the Software;
(b) reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Software, create derivative works based upon the Software, or remove any copyright or other proprietary notices from the Software;
(c) permit others to access or use the Software; or
(d) use the Software for improper, illegal or illicit means, including, without limitation, accessing data, software or hardware without express authorization.
No Warranty. Limitation of Liability: To the maximum extent permitted by applicable law, THE SOFTWARE IS PROVIDED “AS-IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING ALL WARRANTIES AS TO QUALITY OR MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, COMPATIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED.
DCI’S TOTAL LIABILITY IN THE AGGREGATE TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE WILL BE LIMITED TO US$100.00. IN NO EVENT SHALL DCI HAVE ANY LIABILITY FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST OF PROFITS, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES OR INABILITY TO USE THE SOFTWARE, LOSS OF USE OF EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS OR DAMAGES OCURING BY ANY REMOTE ACCESS ASSISTANCE, ARISING IN ANY WAY OUT OF THIS AGREEMENT UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT DCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA ACCESSED, TRANSMITTED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SOFTWARE IS DONE AT THE YOUR OWN RISK AND THAT DCI HAS NO LIABILITY TO YOU OR ANY THIRD PARTY FOR AND YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT TRANSMITTED THROUGH USE OF THE SOFTWARE AND/OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE SOFTWARE.
Export Control - You may not export, ship, transmit, or re-export the Software in violation of any applicable law or regulation, including, without limitations, the Export Administration Regulations issued by the U.S. Department of Commerce.
Termination - Your right to use the Software will automatically terminate if you fail to comply with this EULA.
General Provisions - If any of the terms, or portions thereof, of this EULA are invalid or unenforceable under any applicable statute or rule of law, the court will reform the contract to include an enforceable term as close to the intent of the original term as possible; all other terms will remain unchanged. The waiver or failure of either party to exercise in any respect any right provided for in this EULA will not be deemed a waiver of any further or future right under this EULA. This EULA will inure to the benefit of, and are freely assignable to, DCI's successors and assignees of rights in the Software. This EULA is governed by and construed in accordance with the laws of State of Washington, without regard to its conflict of law provisions, and the United States, including trademark, patent and copyright laws, without reference to the United Nations Convention on Contracts for the International Sales of Goods. The exclusive venue for all cases arising out of or related to this EULA will be the federal and state courts in King County, State of Washington.
Entire Agreement - This EULA constitutes the entire agreement between you and DCI relating to the Software, and any additions to, or modifications of, the EULA will be binding upon DCI only if in writing and signed by a duly authorized officer of DCI.