END-USER LICENSE AGREEMENT for All Software Modules and Programs by Sharptoothcode and distributed via Sharptoothcode.com, Copyright © 2019, Dynamark Media Inc.. All rights reserved.
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE SELECTING “AGREE” to accept the terms of this agreement. By selecting “AGREE”, you are consenting to be bound by all the terms of the agreement. If you are not willing to be bound by this agreement, select “DECLINE.” Your use of the software indicates your assent to be bound by the terms and conditions of this agreement.
This End-User License Agreement (“EULA”) is a legal agreement between you (Purchaser or Licensee) and Dynamark Media Inc. for the software product(s) identified above which may include associated software components, media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Dynamark Media Inc., and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
Licensee shall not modify, copy, duplicate, reproduce, license or sublicense the SOFTWARE PRODUCT, or transfer or convey the SOFTWARE PRODUCT or any right in the SOFTWARE PRODUCT to anyone.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You may not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
You may not distribute any copies of the SOFTWARE PRODUCT to third parties.
(c) Prohibition on Reverse Engineering, Decompilation, Disassembly, and Derivative Works.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, and you may not create derivative works based on the SOFTWARE PRODUCT.
You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services.
Dynamark Media Inc. may provide you with support services related to the SOFTWARE PRODUCT (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
Without prejudice to any other rights, Dynamark Media Inc. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Dynamark Media Inc.. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Dynamark Media Inc..
5. NO WARRANTIES
Dynamark Media Inc. expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Dynamark Media Inc. does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. Dynamark Media Inc. makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Dynamark Media Inc. further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall Dynamark Media Inc. be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of your use of or inability to use the SOFTWARE PRODUCT, even if Dynamark Media Inc. has been advised of the possibility of such damages. In no event will Dynamark Media Inc. be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Dynamark Media Inc. shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.