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User License Agreement:
DIGNATAMEDIA PRODUCTIONS VIDEO TUTORIALS.
END USER LICENSE AGREEMENT (EULA).
This is a legal agreement ("Agreement") between DIGNATAMEDIA and you (LICENSEE). LICENSEE agrees to be bound by the terms and conditions of this agreement if LICENSEE: (a) installs or uses any part of the Video Courseware (collectively, the "SOFTWARE") developed by DIGNATAMEDIA or (b) clicks the acceptance button on the electronic version of this agreement. Please read carefully. LICENSEE?s use of this SOFTWARE is subject to the terms of this agreement.
1. GRANT OF LICENSE. DIGNATAMEDIA hereby grants you a limited, non-exclusive license to use the SOFTWARE on one (1) computer at a time upon the terms and conditions set forth in this agreement. If you want to use the SOFTWARE on more than one personal computer at a time or if you want to network the SOFTWARE, you must obtain separate licenses from DIGNATAMEDIA. DIGNATAMEDIA reserves all rights in and to the SOFTWARE not otherwise granted in this Agreement.
2. RESTRICTIONS OF USE. LICENSEE may not: (a) use the SOFTWARE on more than one computer at a time without purchasing additional licenses; (b) copy the SOFTWARE except for archival copies of the SOFTWARE as permitted by law; (c) distribute, share, sublicense, lend, lease or otherwise make the SOFTWARE available to any third party (including on the Internet, an information network or tangible media, by broadcast or in any other manner); (d) modify, adapt, create derivative works from or translate any part of the SOFTWARE; (e) reverse engineer, decompile or disassemble the SOFTWARE or otherwise attempt to obtain its source code; (f) remove or alter any copyright, trademark or other proprietary notice contained in the SOFTWARE; (g) use the documentation for any purpose other than to support your use of the SOFTWARE; (h) perform engineering analyses of the SOFTWARE, including performance analyses, or benchmark analyses, without the written permission of DIGNATAMEDIA; (i) use the SOFTWARE for any purpose that infringes the copyright, trademark, patent, trade secret, right of publicity or any other right of DIGNATAMEDIA, third parties, or Third Party Providers, (j) use the SOFTWARE for any purpose that is or may be libelous, defamatory, slanderous or illegal in its nature; (k) use the SOFTWARE in any manner not set forth in this agreement or in the SOFTWARE's documentation.
3. COPYRIGHT. The SOFTWARE contains copyrighted material, trademarks and other intellectual property (including, but not limited to, any images, photographs, animations, video, audio, music, text, and ?applications? incorporated into the SOFTWARE) that is provided by and belongs to DIGNATAMEDIA, and in some cases, third parties, or third party providers ("Third Party Providers"). DIGNATAMEDIA and the Third Party Providers own and will retain all title, ownership rights and intellectual property rights in and to the SOFTWARE.
4. EXPORT RESTRICTIONS. LICENSEE agrees that he/she will comply with all applicable export laws, restrictions and regulations. You agree not to export or re-export, or allow the export or re-export of the SOFTWARE in violation of any such laws, restrictions or regulations.
5. CUSTOMER PRIVACY. Any communication or material you transmit to DIGNATAMEDIA by electronic mail or otherwise, including but not limited to any data, comments, suggestions, and the like, will be treated as confidential. Files or Data you transmit or post will not be used by DIGNATAMEDIA for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting without your prior permission with the exception of comments, suggestions and testimonials which are treated as non-confidential and non-proprietary and may be used on the DIGNATAMEDIA website, and/or in communications and advertisements.
6. ASSIGNMENT. You may assign the SOFTWARE to a third party only if they agree to be bound by the terms and conditions of this Agreement. If you assign the SOFTWARE, your rights under this Agreement will terminate immediately and you must: (a) cease all use of the SOFTWARE, (b) permanently delete all copies of the SOFTWARE from the computer(s) on which it has been installed, and (c) deliver the original SOFTWARE to the transferee, You may not retain the original or any copies of the SOFTWARE.
7. TERMINATION. Your right to use the SOFTWARE will automatically terminate if you fail to comply with any provision of this Agreement. If this Agreement is terminated you must: (a) cease all use of the SOFTWARE, (b) destroy the original and all copies of the SOFTWARE, and (c) permanently delete all copies of the SOFTWARE from the computer(s) on which it has been installed.
8. DISCLAIMER OF WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS." TO THE FULL EXTENT PERMITTED BY APPLICABLE LOCAL LAW, DIGNATAMEDIA AND THE THIRD PARTY PROVIDERS DISCLAIM ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DIGNATAMEDIA SHALL CREATE A WARRANTY. WITHOUT LIMITATION OF THE FOREGOING, DIGNATAMEDIA AND THE THIRD PARTY PROVIDERS DO NOT WARRANT THAT: (a) THE SOFTWARE WILL BE ERROR-FREE, (b) YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, (c) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (d) THE SOFTWARE WILL OPERATE WITH THE HARDWARE OR SOFTWARE CONFIGURATION YOU CHOOSE, and (e) DIGNATAMEDIA OFFERS NO WARRANTY OR GUARANTEE AS TO THE ACCURACY, EFFICACY OR VALUE OF INFORMATION, ADVICE, OR INSTRUCTIONS IN RELATION TO EDUTATION AND TRAINING RELATED MATERIALS
9. LIMITATIONS ON LIABILITY. IN NO EVENT WILL DIGNATAMEDIA?S, DIGNATAMEDIA?S AFFILIATES OR THE THIRD PARTY PROVIDERS' LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE PRICE PAID BY YOU FOR THE SOFTWARE.
10. EXCLUSION OF REMEDIES. WITHOUT LIMITING ANY OF THE DISCLAIMERS OR LIMITATIONS SET FORTH IN PARAGRAPHS 8 and 9, ABOVE, IN NO EVENT WILL DIGNATAMEDIA, DIGNATAMEDIA'S AFFILIATES OR THE THIRD PARTY PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, USE OF SOFTWARE OR ANY ASSOCIATED HARDWARE OR SOFTWARE, DATA OR GOODWILL), EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. UPDATES. DIGNATAMEDIA may from time to time make available to you updates for the SOFTWARE, subject to the terms and conditions of this Agreement, or, in DIGNATAMEDIA?s sole discretion, DIGNATAMEDIA may make conditional release of such upgrades to you upon your acceptance of another agreement or other execution of a separate agreement. If you should elect to install updates, your use of such updates will be subject to the applicable license and the terms and conditions of this Agreement.
12. UNENFORCEABLE TERMS. Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
13. MISCELLANEOUS. This Agreement will be binding upon and inure to the benefit of DIGNATAMEDIA and you, and our respective successors and permitted assigns. The failure of either party to enforce any rights granted hereunder or to take any action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. This Agreement shall be governed by the laws of the Russian Federation. Any action arising out of or relating to this Agreement may be brought exclusively in the appropriate state or federal court in the city of Moscow, Russia, and DIGNATAMEDIA and you irrevocably consent to the jurisdiction of such courts and venue in the city of Moscow, Russia, respectively. If any action is brought by either party to this Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorneys' fees and litigation expenses. This Agreement constitutes the entire agreement between DIGNATAMEDIA and LICENSEE with respect to the subject matter of this Agreement.
