Dimol Smart Copyright (c) 2018 Dimol Smart
END USER LICENSE AGREEMENT
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
- By receiving, opening the file package, and or using Dimol Smart «Software» containing this software, you agree that this End User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement. Unless you have a different license agreement signed by Dimol Smart your use of Dimol Smart indicates your acceptance of this license agreement and warranty. Subject to the terms of this Agreement, Dimol Smart grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Dimol Smart in accordance with this Agreement and any other written agreement with Dimol Smart. Dimol Smartdoes not transfer the title of Dimol Smart to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Dimol Smart and the purchasers or users of Dimol Smart. If you do not agree to be bound by this agreement, remove Dimol Smart from your phone or similar device now and, if applicable, promptly return to Dimol Smart by mail any copies of Dimol Smart and related documentation and packaging in your possession.
- DISTRIBUTION Dimol Smart and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Dimol Smart contact Dimol Smart.
- USER AGREEMENT:
3.1 Use Your license to use Dimol Smart application on all your devices which support it.
3.2 Use Restrictions You shall use Dimol Smart in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Dimol Smart together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited. Each licensed copy of Dimol Smart may be used on one single phone by one user. Use of Dimol Smart means that you have loaded, installed, or run Dimol Smart on a phone or similar device.
3.3 Copyright Restriction This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Dimol Smart. Nor can you create any derivative works or other works that are based upon or derived from Dimol Smart in whole or in part. Dimol Smart name, logo and graphics file that represents Dimol Smart shall not be used in any way to promote products developed with Dimol Smart. Dimol Smart retains sole and exclusive ownership of all right, title and interest in and to Dimol Smart and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of Dimol Smart, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Dimol Smart.
3.4 Limitation of Responsibility You will indemnify, hold harmless, and defend Dimol Smart, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Dimol Smart Software. In no event (including, without limitation, in the event of negligence) will Dimol Smart, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Dimol Smart or the use or inability to use Dimol Smart or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence. Dimol Smart entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Dimol Smart) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Dimol Smart.
3.5 Warranties Except as expressly stated in writing, Dimol Smart makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law This Agreement shall be governed by the law of the United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
3.7 Termination Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Dimol Smart and destroy all copies of Dimol Smart supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
- DISCLAIMER OF WARRANTY THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD AS IS AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Dimol Smart AS WELL.
- CONSENT OF USE OF DATA You agree that Dimol Smart may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Dimol Smart. Dimol Smart may also use this information to provide notices to you which may be of use or interest to you.