DigiArea, Inc.
License Agreement

IMPORTANT NOTICE: READ CAREFULLY BEFORE CONTINUING

THIS SOFTWARE IS PROVIDED TO YOU UNDER THE FOLLOWING LICENSE AGREEMENT. THIS LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL, AN INDIVIDUAL STUDENT, OR A SINGLE ENTITY) AS END USER AND LICENSEE, AND DigiArea, Inc. ("DA"), AND DEFINES WHAT YOU MAY DO WITH THE SOFTWARE, AND WHAT LIMITATIONS EXIST ON WARRANTIES AND REMEDIES RELATED TO THE SOFTWARE. BY CLICKING ON "I ACCEPT", YOU BECOME A PARTY TO, AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF, THIS LICENSE AGREEMENT. IF, AFTER READING THIS LICENSE AGREEMENT, YOU DO NOT ACCEPT OR AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS LICENSE AGREEMENT, DO NOT CLICK ON "I AGREE" AND DO NOT CONTINUE WITH THE DOWNLOAD

License Agreement

OWNERSHIP OF SOFTWARE.

  • DA owns (or has the right to sublicense) and retains all right, title and interest, including all copyrights and other intellectual property rights, (whether or not patentable or registerable under copyright, trademark, or similar legislation or subject to analogous protection) in and to the software, including, without limitation, all software and associated media, enhancements, improvements, corrections, and/or modifications to the product software (collectively, the "Software") as well as related documentation.
  • DA does not sell any rights in the Software, but rather grants the right to use the Software by means of a software license.
  • DA reserves all rights with respect to the Software not expressly granted by this License Agreement.
  • The Software and Documentation are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

GRANT OF LICENSE. In consideration of payment of the license fee, which is part of the price you paid for this package, and your agreement to abide by the terms and conditions of this License Agreement, DA, as licensor, grants to you a non-exclusive, revocable, personal, non-transferable license and right to use this copy of the Software (the "License").

SOFTWARE LICENSE OPTION.

  • Commercial License Option. This License Option gives YOU (a commercial individual or an Entity purchasing this License Option for a commercial individual or institution) the right to use the Software for commercial purposes. This License Option may be granted as a Term License or as a Perpetual License. If YOU are an Entity that purchases this License Option for a commercial user, YOU are also responsible for ensuring the commercial user complies with this License Agreement.
  • Government License Option. This License Option gives YOU (a government individual or an Entity purchasing this License Option for a government individual or institution) the right to use the Software only at an Government Institution. This License Option may be granted as a Term License or as a Perpetual License. If YOU are an Entity that purchases this License Option for a government user, YOU are also responsible for ensuring the government user complies with this License Agreement.
  • Academic License Option. This License Option gives YOU (an academic individual or an Entity purchasing this License Option for an academic individual or institution) the right to use the Software only at an accredited Academic Institution or Other Educational Institution. This License Option gives YOU the right to use the Software for (and restricts YOUR use to) academic instruction, teaching and research only. Under this License Option, commercial Use of the Software is strictly prohibited. Under this License Option YOU are prohibited from granting Students Remote Access to the Software or installing the Software on a Student machine (whether owned by YOU or the Student). This License Option may be granted as a Term License or as a Perpetual License.
  • Personal License Option. This License Option gives YOU (being an individual user or an Entity purchasing this License Option for an individual user) the right to permit that user to use the Software at the user's personal residence. Commercial use of the Software is permitted only if the user's employer has a Commercial or Government Use License. Instructional/teaching and/or research use is only permitted if the user's employer has purchased a Academic Use License, as applicable. This License Option may be granted as a Term License or as a Perpetual License. YOU may elect to convert the Personal Use License Option to another License Option upon payment to DigiArea of the applicable conversion fee, if any. If YOU are an Entity who purchases this License Option for an individual user, YOU are also responsible for ensuring the individual user complies with this License Agreement.
  • Student License Option. This License Option gives YOU (a Student or an Entity purchasing this License Option for a Student) the right to permit the Student to use the Software on the Student's personal computers only. Commercial, instruction, teaching and research purposes are not permitted. This License Option may be granted as a Term License or as a Perpetual License; provided that, on ceasing to be a Student, YOU may: (i) continue to use the Software only for personal and non-commercial use, or (ii) elect to convert the Student License into another License Option upon payment to DigiArea of the applicable conversion fee, if any. If YOU are an Entity who purchases this License Option for a student user, YOU are also responsible for ensuring the student user complies with this License Agreement.

UPGRADES If you receive a replacement to or modification of this Software by DA, any such replacement or modified software code or upgrade to the Software shall be considered part of the Software and subject to the terms of this agreement (unless this agreement is superceded by a further agreement accompanying such replacement or modified version of or upgrade to the Software). In the event that DA supplies a replacement or modified version of or any upgrade to the Software, your continued use of the Software is conditioned on your acceptance of any accompanying superceding license agreement.

YOU MAY:

  • If you have purchased a License for a single user of the Software, install and use this copy of the Software on a single computer at a single location, or physically transfer the Software from one computer to another (including permanently and completely deleting the Software from the first computer), provided the Software is used only by a single user on a single computer at one time.
  • If you have purchased a License for non-concurrent multi-users, the Software may be installed on a designated number of computers, up to the number of Licenses purchased. If you have purchased a License for concurrent multi-users, the Software may be installed on a single network server and you will have as many users operating the Software at the same time as the number of Licenses you have purchased.
  • Copy one copy of the Software solely for backup purposes (if the Software is not copy-protected) provided you reproduce and include the copyright notice on the backup copy and use the backup copy solely for archival purposes and install a second copy of the Software on the single computer on which you installed the purchased copy of the Software for the sole purpose of using the Software in a second operating system on such single computer as long as the Software is not run simultaneously in two operating systems.

YOU MAY NOT:

  • Use, reproduce, transmit, modify, adapt or translate the Software or Documentation, in whole or in part, to others, except as otherwise permitted by this License Agreement.
  • Reverse engineer, decompile, disassemble, or create derivative works based on the Software or any part thereof.
  • Separate the component parts of the Software for any reason including, without limitation, use of such components on another computer or network server or for use within or in combination with another software application.
  • Use the whole or any part of the Software as part of an Internet/Intranet/Extranet website or via other electronic communication distribution methods that facilitate access by a third party, unless the third party is a licensed user of the Software.
  • Rent, lease, license, transfer, assign, sell or otherwise provide access to the Software or Documentation, in whole or in part, on a temporary or permanent basis, except as otherwise permitted by this License Agreement.
  • Without limiting the restrictions set forth above, distribute any components of the Software for any reason including, without limitation, as part of a third party software application, without permission in writing from DA.
  • Alter, remove or cover proprietary notices in or on the Software or Documentation.
  • Use the Software in any unlawful manner whatsoever.

SUPPORT SERVICE. DA will provide you with support services related to the Software ("Support Services"). Use of Support Services is governed by the DA polices and programs described in the user manual, in "on line" documentation and/or other DA-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the Software and subject to the terms and conditions of this EULA. With respect to technical information you provide to DA as part of the Support Services, DA may use such information for its business purposes, including for product support and development.

TERM. This License Agreement becomes effective upon your accepting this License Agreement and downloading the Software, and is effective until terminated. DA may terminate this License Agreement without notice to you if you fail to comply with any provision of this License Agreement. Upon termination, you agree to immediately cease using the Software and Documentation and to destroy all copies of the Software and Documentation in your possession within five days of termination. The Ownership of Software and Limited Warranty and Liability sections of this License Agreement shall continue in force after any termination.

WARRANTY. DA warrants to you as original end user, that the Software substantially conforms to your expectations for a period of fifteen (15) days (the "Return Period") from the date of delivery to you as evidenced by your order number. If you are not satisfied with the Software, and are within the Return Period, you may apply to the place of purchase for a refund, at which point, this Agreement will be terminated.

LIMITED WARRANTY AND LIABILITY. OTHER THAN AS OUTLINED ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DA, ITS AFFILIATES, DEALERS OR DISTRIBUTORS, SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ASSUME THE ENTIRE RISK AS TO THE USE AND PERFORMANCE OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. IN NO EVENT SHALL DA, ITS AGENTS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE AND/OR DOCUMENTATION BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, THE INSTALLATION OF THE SOFTWARE, THE TERMINATION OF THIS AGREEMENT, THE FAILURE OF EQUIPMENT RELATED TO YOUR COMPUTER OR DAMAGE TO YOUR COMPUTER, SOFTWARE OR OTHER PROPERTY RESULTING FROM YOUR USE OF THE SOFTWARE OR FROM ANY VIRUS, EVEN IF DA OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR CLAIM, OR IT IS FORESEEABLE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. DA'S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE AND DOCUMENTATION. THE LIMITATIONS OF THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNITY. You agree to indemnify and hold DA harmless from and against any loss, liability, cost, expense or damage arising out of any claim, suit action or judgment brought against DA or its Affiliates related to your violation of any provincial, state, federal or other laws or regulations or any third party rights.

ACKNOWLEDGEMENT. You acknowledge that you have read this License Agreement and limited warranty, understood them, and agree to be bound by their terms and conditions. You also agree that this License Agreement is the complete and exclusive agreement between you and DA, and supersedes all prior agreements, representations and any other communications, oral or written, between you and DA relating to the subject matter of the License Agreement including, without limitation, any warranties with respect to the Software and Documentation. This License Agreement may only be amended by written agreement of both parties.

Should you have any questions concerning this License Agreement, contact DA at:

DigiArea, Inc.
1309 Enterprize Way
Carson City, NV 89703
PO Box 471
Carson City, NV 89702
Email: info@digi-area.com