Software License | Comic Strip Factory | David Durkee

Software License

COMIC STRIP FACTORY™

SOFTWARE LICENSE AGREEMENT

This is a legal agreement ("Agreement") between you and DWDURKEE, LLC ("DWDURKEE") governing your use of DWDURKEE's software programs including any related manuals or any printed material (the "Software").

READ CAREFULLY AND UNDERSTAND ALL OF THE RIGHTS AND RESTRICTIONS DESCRIBED IN THIS AGREEMENT BEFORE USING THE SOFTWARE.  BY INSTALLING OR USING THE SOFTWARE YOU ARE INDICATING YOUR ACCEPTANCE AS STATED BELOW, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.

Grant of License

DWDURKEE grants you a personal, limited and non-exclusive single-user license to use ("use" as used herein will include storing, loading, installing, accessing, executing or displaying) the Software. This license is restricted to use on one single personal computer owned by or under your control plus one additional computer also owned by you, e.g.: one computer at home and another at work.  You may make one copy of the Software solely for a back-up purpose. 

Software provided on a free trial basis may have less functionality and fewer features than the version available to you if you purchase a full license, or may include a more complete set of features only for a limited time. You may only obtain one free trial. Furthermore, during any applicable free trial period or with the payment of a full license fee, DWDURKEE grants you a personal, limited and non-exclusive license for the use of comic artwork and other comic components provided in the Software either as bundled content or in-app purchases pursuant to the current COMIC STRIP FACTORY™ - NON-COMMERCIAL CONTENT LICENSE.

Restrictions

You may not use the Software except as expressly granted or permitted herein, and You may not assign, sublicense, sell, rent, lease, loan, convey or transfer the Software to any third party.  You will not alter, translate or convert to another programming language, modify, disassemble, decompile or otherwise reverse engineer the Software and you will not have any third party to do so on your behalf.  Furthermore, You will not modify, remove or delete any copyright notice of DWDURKEE or its licensors contained in the Software.

Ownership

DWDURKEE and its licensors retain in all respects the title, ownership and intellectual property rights in and to the Software.  Except as expressly provided herein, no license or right, express or implied, is hereby conveyed or granted by DWDURKEE to you for any intellectual property of DWDURKEE and its licensors.

Support

DWDURKEE does not provide assistance or technical support for the Software and is not responsible for maintaining or helping you to use the Software.  Updates and bug-fixes will be made and distributed solely at DWDURKEE’s discretion, and any such updates or fixes are subject to the same conditions provided under this license. 

No Warranty and Disclaimer of Indemnity

[NO WARRANTY]  THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU.  SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.  SOME STATES OR LEGAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.

NEITHER DWDURKEE, DWDURKEE'S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS, OR DEALERS NOR DWDURKEE'S LICENSORS 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.

[NO LIABILITY FOR DAMAGES]  IN NO EVENT WILL EITHER DWDURKEE, DWDURKEE'S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS DEALERS OR DWDURKEE'S LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS INTERRUPTION OR OTHER COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE SOFTWARE, USE THEREOF OR INABILITY TO USE THE SOFTWARE EVEN IF EITHER DWDURKEE, DWDURKEE'S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS, DEALERS OR DWDURKEE'S LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME STATES OR LEGAL JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR PERSONAL INJURY OR DEATH RESULTING FROM NEGLIGENCE ON THE PART OF SELLER, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

[RELEASE OF LIABILITY]  TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE DWDURKEE, DWDURKEE'S SUBSIDIARIES AND AFFILIATES, THEIR DISTRIBUTORS, DEALERS AND DWDURKEE'S LICENSORS FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING THE SOFTWARE OR ITS USE.

THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY PROVIDED ABOVE WILL BE INTERPRETED IN A MANNER THAT, TO THE EXTENT POSSIBLE, MOST CLOSELY APPROXIMATES AN ABSOLUTE DISCLAIMER AND WAIVER OF ALL LIABILITY.

Term

This Grant of License and Agreement is effective upon your acceptance as provided above and below.  You may terminate the Grant of License by destroying the Software including any and all copies that have been made.  This Grant of License will also terminate if you fail to comply with any terms hereof.  Upon termination of this Grant of License, in addition to DWDURKEE enforcing its respective legal rights, you must then promptly destroy the Software including any and all copies in your possession or control.  All remaining terms of this Agreement will survive any termination of the Grant of License.

Governing Law

  This Agreement  is governed by the federal laws of the United States of America and the laws of the State of Minnesota, without regard to conflict of law provisions. Any failure on the part of DWDURKEE to enforce any provision of this Agreement will not be considered a waiver of DWDURKEE’s right to enforce such provision.   You agree that any cause of action related to or arising out of your relationship with DWDURKEE must commence within six (6) months after the cause of action accrues.  Otherwise, such cause of action is permanently barred.

To the extent possible, if any provision of this Agreement is deemed unenforceable, it will be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it will be severed from this Agreement without affecting the enforceability of the remaining terms and conditions. 

Severability

In the event that any section hereof is declared or found to be illegal by any court or tribunal of competent jurisdiction, such section will be null and void with respect to the jurisdiction of that court or tribunal and all the remaining provisions hereof will remain in full force and effect.

© DWDurkee, LLC, 2016