Pace & Place - License

END USER LICENSE AGREEMENT

PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING THE SOFTWARE PRODUCED BY DIGITALCURE.ORG. BY INSTALLING THE SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS END USER LICENSE. IF YOU DO NOT ACCEPT THE TERMS OF THIS END USER LICENSE DO NOT INSTALL THE SOFTWARE. IF YOU INSTALL THE SOFTWARE AND YOU DECIDE NOT TO KEEP THE SOFTWARE, FOR WHATEVER REASON, THEN REMOVE ALL COPIES OF THE SOFTWARE FROM YOUR COMPUTER, PDA, SMARTPHONE, COMPUTING OR ELECTRONIC STORAGE DEVICE AND DESTROY ALL SUCH COPIES AND ANY DOCUMENTATION RELATED THERETO SUCH SOFTWARE.

A. License

The Software that you install from DigitalCure.org, is licensed to you (either as an individual, or as a single legal entity) by DigitalCure.org ("Vendor") pursuant to the terms of this End User License Agreement (the "License"). You own the medium on which the Software is recorded (if there is any), but Vendor and Vendor's Licensors (referred to collectively as "Vendor") retain title to the Software, and related documentation. Subject to the terms and condition herein set forth, Vendor hereby grants to you a royalty-free non-exclusive license to use the Software as follows:

As a consumer ("Consumer") (an individual) or a merchant ("Merchant") (a single legal entity) you may use the Software on any computer, personal digital assistant ("PDA"), Smart phone, and computing or other electronic storage device. You may distribute copies of the Software free or charge, as long as this License is included and you do not sell the Software. Furthermore you are not allowed to change this License when copying the Software.

B. Restrictions

The Software may contain copyrighted material, trade secrets, patent pending, and other proprietary material, and thus, the rights granted to you pursuant to this License are limited. Except as permitted by applicable legislation or this License, you shall not:
  1. Sell the Software, i.e. to distribute the Software for any charge;
  2. Remove or change this License when distributing the Software for free;
  3. Decompile, reverse engineer, disassemble, decrypt, decode or otherwise reduce the Software or data including, but not limited to those portions that are encrypted or otherwise secured to a human-perceivable form;
  4. Modify, rent, lend, loan, create any alteration, adaptation, translation, improvement, or distribute or create derivative works based upon the Software in whole or in part. Software add-ons created exclusively using the public application programming interface (API) and public extension points are not affected, as long as the add-ons will be distributed without the original Software in whole or in part.
  5. Create consumer profiles, reports, or otherwise use the Software to conduct market research, or to otherwise track or determine the identity of a Consumer and/or a Merchant or publish any results of tests run on the Software to a Third Party;
  6. Use any of the corporate names, trademarks, service marks, certification marks, trade names, slogans, logos or other designations of Vendor its subsidiaries or affiliates even if such marks appear on or in the Software or are otherwise included in any documentation provided to you in connection with this License;
  7. Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels contained in the Software, Templates, or printed on the coupons that are produced by the Software;
  8. Use the Software to produce defamatory statements, or in violation of any law of any state, or the United States, or of the jurisdiction in which you obtained the Software.
  9. Use the Software to learn about DigitalCure.org or its customers. You shall cooperate with Vendor, and you shall render all reasonable assistance requested by Vendor, to assist Vendor in preventing and identifying any use of, or access to, the Software in violation of this License.

C. Ownership

All right title and interest in the Software shall remain exclusively in the Vendor. The Software is protected by copyright law and other intellectual property laws.

D. Software Updates

Vendor may at its sole discretion from time to time provide Software updates ("Software Updates") to you to update, supplement, or replace existing functionality of the Software, or to improve the performance of the Software, enhance its features, or correct problems that have been identified. Vendor will grant to you a license to use the Software Update under the terms and conditions of this EULA, or the Vendor may issue a Supplemental EULA provided that you agree to comply with all such terms and conditions therein. To the extent that any terms in the Supplemental EULA conflict with terms in the License for the original Software, the terms of the latest Supplemental EULA shall control. You hereby acknowledge and agree that Vendor may, at its sole discretion, terminate this License and your ability to use the Software if you fail to agree to install a Software Update.

E. Termination

This License is effective until terminated. Vendor may terminate this License immediately only in case that you have violated the License agreement. You may terminate this License at any time by destroying the Software, related documentation and all copies thereof. This License will terminate immediately without notice from Vendor if you fail to comply with any provision of this License. Upon termination, you must destroy the Software, related documentation and all copies thereof.

F. Consent to Communications

By agreeing to the terms of this License you consent to receiving communications from Vendor regarding the Software including, but not limited to, notices regarding upgrades, enhancements, changes, and revisions offered by Vendor.

G. Notice Regarding Rights

You expressly acknowledge and agree that YOUR USE OF THE SOFTWARE SHALL BE SUBJECT TO THE TERMS OF THE LICENSE, VENDOR’S WEB PAGE USE POLICY, AND VENDOR’S PRIVACY POLICY.

H. Disclaimer of Warranty on Software

You expressly acknowledge and agree that use of the Software is at your sole risk. The Software and related documentation are provided "AS IS" and without warranty of any kind and VENDOR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VENDOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. FURTHERMORE, VENDOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VENDOR OR VENDOR'S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT VENDOR OR VENDOR'S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

I. Limitation of Liability

UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL VENDOR, OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PERSONAL INFORMATION, AND THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF VENDOR OR VENDOR'S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL VENDOR'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. IN THE EVENT THAT A DISPUTE ARISES BETWEEN A CONSUMER AND A MERCHANT REGARDING THE VALUE OF A COUPON, OR THE AVAILABILITY OF A PROMOTIONAL ITEM, THE VALUE OF THE COUPON SHALL BE LIMITED TO 1/10 CENT (US$0.001).

J. Controlling Law and Severability

This License shall be governed by and construed in accordance with the laws of the Federal Republic of Germany. If for any reason, a court of competent jurisdiction finds any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible to effect the intent of the parties, and the remainder of this License shall continue in full force and effect. Personal jurisdiction and venue for all disputes arising out of the performance of this License shall be vested exclusively in any court sitting in Germany.

K. Injunctive Relief

You acknowledge and agree that the copying, disclosure or use of the Software or any information, materials or services provided hereunder in a manner inconsistent with any provision of this License shall cause irreparable injury to Vendor for which Vendor shall not have an adequate remedy at law. Accordingly, Vendor shall be entitled to equitable relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions, and without limiting the rights available to Vendor, Vendor may seek any other remedies as may be available to it.

L. Complete Agreement

This License constitutes the entire agreement between you and the Vendor with respect to the use of the Software, and the related documentation, and it supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and published by the Vendor on its Web site.