SECRET
DIVORCE END USER LICENSE AGREEMENT
THIS SECRET DIVORCE END USER LICENSE AGREEMENT ("Agreement")
IS A LEGAL AGREEMENT BETWEEN YOU AND DDA DIGITAL LLC FOR
THE SECRET DIVORCE PRODUCT ("Product"). The term
Product shall include any upgrades, modified versions or
updates to the Product licensed to you by DDA DIGITAL LLC.
Any downloading or other use of the Product is subject
to compliance of the terms and conditions of this Agreement
and all applicable laws and regulations, including laws
and regulations governing copyrights, patents, trade secrets
and trademarks. PLEASE READ THIS AGREEMENT CAREFULLY AND
PRINT OUT A COPY FOR YOUR RECORDS. THIS AGREEMENT SUPERCEDES
PREVIOUS VERSIONS. BY CHECKING THE AGREEMENT CHECKBOX YOU
AGREE TO BE BOUND TO ALL THE TERMS OF THIS AGREEMENT REGARDING
THE USE OF THE PRODUCT. IF YOU DO NOT AGREE TO THE TERMS
OF THIS AGREEMENT CLICK "CANCEL" BUTTON.
1. GRANT OF LICENSE: The Product is deemed acceptable
to you upon receipt. Subject to the terms of this Agreement,
DDA DIGITAL LLC grants you a non-exclusive, non-transferable
license to use the Product for a period of six months from
the date of purchase for your PERSONAL use.
2. RESTRICTIONS ON USE. You shall not: (a) use, copy,
merge, make derivative works of, or transfer copies of
the Product, except as specifically authorized in this
Agreement; (b) use the Product on more than one device;
(c) permit any third party to use or copy the Product,
for any purpose; (d) rent, lease, sublicense, distribute,
transfer, copy, modify or timeshare the Product or any
of your rights under this Agreement, except as expressly
authorized in this Agreement; (e) provide unauthorized
third parties with access to or use of the Product; (f)
reverse engineer, disassemble, decompile or otherwise attempt
to access the source code of the Product, except and only
to the extent that such activity is expressly permitted
by applicable law; or (g) use the Product after any expiration,
termination or cancellation of this Agreement or the license
granted.
3. TITLE: You agree that no title to the intellectual
property in the Product is transferred to you. Title, ownership,
rights, and intellectual property rights in and to the
product shall remain in DDA DIGITAL LLC. This Product is
protected by copyright laws of the United States and international
treaties.
4. COPYRIGHT: The Product is owned by DDA DIGITAL LLC
and is copyrighted and licensed, not sold. THIS PRODUCT
CAN NOT BE DISTRIBUTED, COPIED, MODIFIED, REVISED, TRANSMITTED
OR REPRODUCED FOR COMMERCIAL, SHARING OR NON-PERSONAL USE
WITHOUT THE PRIOR WRITTEN CONSENT OF DDA DIGITAL LLC.
5. DISCLAIMER OF WARRANTY: DDA DIGITAL LLC does not guarantee
the use of the Product will be uninterrupted or error-free.
You acknowledge that performance of the Product and subsequent
updates may be affected by any number of factors, including
without limitation, technical failure of the Product, the
acts or omissions of third parties and other causes reasonably
beyond the control of DDA DIGITAL LLC. ACCORDINGLY, YOU
AGREE THAT DDA DIGIAL LLC HAS MADE NO EXPRESS WARRANTIES,
ORAL OR WRITTEN, TO YOU REGARDING THE PRODUCT AND THAT
THE PRODUCT IS BEING PROVIDED TO YOU "AS IS" WITHOUT
WARRANTY OF ANY KIND. DDA DIGITAL LLC DISCLAIMS ANY AND
ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY,
INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE. IF SUCH A DISCLAIMER
IS NOT PERMITTED BY LAW, THE DURATION OF ANY SUCH IMPLIED
WARRANTIES IS LIMITED TO NINETY (90) DAYS FROM THE DATE
OF DELIVERY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO SUCH LIMITATIONS OR EXCLUSIONS
MAY NOT APPLY TO YOU.
6. GENERAL LIMITATION OF LIABILITY: DDA DIGITAL LLC MAKES
NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE INFORMATION CONTAINED IN THIS PRODUCT.
THIS PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSES, OR NON-INFRINGEMENT
OF THE RIGHTS OF THIRD PARTIES. DDA DIGITAL LLC, ITS AFFILIATES,
THEIR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS
OR ANY OTHERS INVOLVED IN THE CREATION OF THIS PRODUCT,
OR ANY THIRD PARTY PRODUCTS SOLD BY DDA DIGITAL LLC ON
ANY VENUE, SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL,
CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING
OUT OF ACCESS TO OR USE OF THE PRODUCT(S), INCLUDING BUT
NOT LIMITED TO DDA DIGITAL LLC’S NEGLIGENCE, YOUR
ACCESS TO AND USE OF THE PRODUCTS, THE UNAVAILABILITY OF
THE PRODUCTS, ERRORS OR INACCURACIES CONTAINED IN THE PRODUCTS
EVEN IF YOU HAVE ADVISED DDA DIGITAL LLC IN ADVANCE OF
THE POSSIBILITY OF SUCH DAMAGE.
7. LIMITATION OF LIABILITY: To the maximum extent permitted
by applicable law, in no event shall DDA DIGITAL LLC, its
officers, affiliates, agents, vendors, or licensors be
liable to you or any third party for any damages of any
kind, including but not limited to punitive, exemplary,
special, incidental, indirect, or consequential damages
(for example, loss of personal or business profits, business
or personal interruption, loss of business or personal
information, or any other pecuniary loss) arising out of
the use of or inability to use the Product or the provision
of or failure to provide Support Services. This limitation
applies even if DDA DIGITAL LLC has been advised of the
possibility of such damages and regardless of the form
of action, whether in contract, tort (including negligence),
strict liability, or otherwise.
8. CHANGES TO TERMS AND CONDITIONS: DDA DIGITAL LLC RESERVES
THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME.
DDA DIGITAL LLC WILL POST SUCH CHANGES ON ITS WEBSITE AT
HTTP://WWW.SECRETDIVORCE.COM. BY CONTINUING TO USE THE
PRODUCT AFTER A CHANGE IS MADE, YOU ACCEPT AND ARE BOUND
BY THE MODIFIED TERMS AND CONDITIONS. ONLY DDA DIGITAL,
LLC MAY ALTER THE TERMS AND CONDITIONS.
9. CONTENT AND LIABILITY DISCLAIMER: THIS PRODUCT MAY
INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES MAY BE PERIODICALLY INCORPORATED INTO THIS MATERIAL.
THE PRODUCT AND RELATED PRODUCTS ARE SUBJECT TO IMPROVEMENTS
AND/OR CHANGES TO IMPROVE THE ENTERTAINMENT VALUE OF THESE
MATERIALS AT ANY TIME WITHOUT NOTICE. THESE MATERIALS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU.
10. ENDORSEMENTS: DESCRIPTIONS OF OR REFERENCES TO PRODUCTS
OR PUBLICATIONS NOT OWNED BY DDA DIGITAL LLC DO NOT IMPLY
ANY ENDORSEMENT OF SUCH PRODUCTS OR PUBLICATIONS BY DDA
DIGITAL LLC. DDA DIGITAL LLC IS NOT RESPONSIBLE FOR OR
LIABLE FOR ANY DAMAGE, INCLUDING DAMAGE CAUSED BY VIRUSES,
TO YOUR COMPUTER, COMPUTER SYSTEM, OR OTHER PROPERTY, DURING
OR ON ACCOUNT OF ACCESS OR USE OF THE PRODUCT. REFERENCES
THAT WE MAKE TO ANY NAMES, MARKS, PRODUCTS, OR SERVICES
OF THIRD PARTIES OR INFORMATION DO NOT NECESSARILY CONSTITUTE
OR IMPLY OUR ENDORSEMENT, SPONSORSHIP, OR RECOMMENDATION
OF THE THIRD PARTY, INFORMATION, PRODUCT, OR SERVICE. WE
ARE NOT LIABLE FOR ANY DAMAGES AS A RESULT OF YOUR USE
OF ANY PRODUCTS OR SERVICES OF THIRD PARTIES.
11. POTENTIAL RISKS OF USE: THIS PRODUCT DOES NOT PROVIDE
LEGAL OR FINANCIAL ADVICE. YOU AGREE NOT TO USE THIS PRODUCT
FOR LEGAL OR FINANCIAL ADVICE. DO NOT DISREGARD PROFESSIONAL
LEGAL OR FINANCIAL ADVICE OR DELAY IN SEEKING IT BECAUSE
OF SOMETHING YOU HAVE READ OR HEARD ON THE PRODUCT! The
Product is not intended to be a substitute for professional
legal or financial advice. Always seek the advice of a
qualified legal or financial professional with any questions
you may have regarding divorce. You acknowledge that you
should not, and will not, use the Product if you do not
understand how to use it properly. You also agree that
you have sole and complete responsibility for any decisions
that you make or actions that you take in connection with
the subject matter of the Product and any results that
arise from those actions. You understand that, by making
the Product available to you, DDA DIGITAL LLC is not recommending,
promoting, or endorsing any particular legal action, investment
or financial decision.
12. SUPPORT SERVICES. DDA DIGITAL LLC or its agents may,
but are not required to provide support services related
to the Product ("Support Services"). However,
any supplemental materials provided to you as part of the
Support Services shall be considered part of the Product
and subject to the terms and conditions of this Agreement.
With respect to technical information you provide to DDA
DIGITAL LLC as part of the Support Services, you agree
and acknowledge that DDA DIGITAL LLC may use such information
for its business purposes, including for product support
and development for which you will make no claim. DDA DIGITAL
LLC will not utilize such technical information in a form
that personally identifies you.
13. TERM AND TERMINATION. The term of this Agreement
and the license granted to you will continue until it is
terminated as provided in this Agreement. Without prejudice
to any other rights DDA DIGITAL LLC may have, the license
granted under the Agreement will terminate automatically
in the event you violate any provision of this agreement.
You may terminate or cancel the license granted by discontinuing
use of the Product and providing DDA DIGITAL LLC written
notice. You shall not be entitled to any refund or compensation
in any case, under these circumstances. You understand
that DDA DIGITAL LLC may discontinue technical and customer
support for this Product at any time without any recourse
by you. You also understand that your agreement to the
Legal Terms and Conditions is irrevocable and do not terminate
in the event of termination for any reason.
14. SEVERABILITY: In the event of invalidity of any provision
of this Agreement, the parties agree that such invalidity
shall not affect the validity of the remaining portions
of the Agreement.
15. WAIVER: No term or provision hereof will be considered
waived by either party, and no breach excused by either
party, unless such waiver or consent is in writing signed
on behalf of the party against whom it is asserted. No
consent by either party to, or waiver of, a breach by either
party, whether express or implied, will constitute consent
to, waiver of, or excuse of any other, different, or subsequent
breach by either party.
16. GOVERNING LAW: This Agreement shall be governed by
the laws of the State of California.
17. ENTIRE AGREEMENT: You agree that this is the entire
agreement between you and DDA DIGITAL LLC, and that it
supersedes any prior agreement, whether written or oral,
and all other communications between DDA DIGITAL LLC and
you related to the subject matter of this Agreement. This
agreement may be amended, modified or supplemented only
by a writing that is signed by the authorized representatives
of both parties. No other person is authorized to modify
this agreement or to make any Warranty, representations
or promise that is different than, or in addition to, the
Warranties provided in this agreement.
SIGNATURE: By selecting "I accept the agreement
terms" I represent and acknowledge that: 1. I have
read, understood, and consented to electronic delivery
of, the disclosures above, and I agree to enter into a
legally binding contract based on the above terms and conditions.
2. I intend the act of selecting "I accept the agreement
terms" to be my legal signature to this agreement.
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