These terms and conditions create a contract between you and Sierra Software Solutions and Consulting (SSS&C) (the “Agreement”). Please read the Agreement carefully.
The Application (and all components thereof) is licensed, not sold, to you by Digital Auto Guides (DAG), a wholly owned company of Sierra Software Solutions and Consulting, LLP, for use only under the terms of the Agreement. DAG reserves all rights not expressly granted to you by this Agreement. All right, title and interest in and to the Application, including all intellectual property rights embodied therein and thereto, will remain exclusively with DAG and its licensors.
2. LICENSE & RESTRICTIONS.
Subject to your compliance with the Agreement, you may download and use the Application solely for your personal, non-commercial use. You may not: (a) make additional copies of the Application, except that you may make one copy of the Application solely for backup or archival purposes; (b) install the Application on a network server; (c) make the functionality of the Application available to multiple users through any means, including, but not limited to, by uploading the Application to a network or file-sharing service or through any hosting, application services provider, service bureau, Software-as-a-Service (SaaS) or any other type of service; (d) decompile, reverse engineer, disassemble, translate, make any attempt to discover the source code, images, item data, underlying ideas, web services, algorithms, structure, or organization of the Application, or otherwise reduce the source code to a human perceivable form (except as and only to the extent this restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of Open Source components included with the Application); (e) modify, alter, network, or create derivative works based upon the Application or its accompanying documentation, in whole or in part, nor permit any other party to do so; (f) transfer, sublicense, lease, lend, rent or otherwise distribute the Application to any third party; or (g) use the Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the terms and conditions of the Agreement. No other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by DAG or its licensors.
3. USING OUR SERVICES.
This Agreement governs your use of SSS&C services (“Services”), through which you can buy, get, license, rent or subscribe to apps (“Apps”), and other in-app services (“Content”). Our Services are: Digital Auto Guides enhancements. Our Services are available for your use in your country of residence (“Home Country”). To use our Services, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (fees may apply). Our Services’ performance may be affected by these factors.
PAYMENTS, TAXES, AND REFUNDS
You can acquire Content on our Services for free or for a charge, either of which is referred to as a “Transaction.” Each Transaction is an electronic contract between you and SSS&C. SSS&C, through the appropriate provider, will charge your payment method (such as your credit card, debit card, gift card/code, or other method available in your Home Country) for any paid Transactions, including any applicable taxes. The transaction will unlock a capability on any device linked to your account. No content is actually provided by the transaction and your access will be immediate once payment is confirmed.
The Services and certain Apps may allow you to purchase access to Content or services on a subscription basis (“Paid Subscriptions”). Paid Subscriptions automatically renew until cancelled in the Manage Subscriptions section of your account settings. We will notify you if the price of a Paid Subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest Paid Subscription period.
Certain Paid Subscriptions may offer a free trial prior to charging your payment method. If you decide to unsubscribe from a Paid subscription before we start charging your payment method, cancel the subscription before the free trial ends.
Apps may offer content, services or functionality for use within such Apps (“In-App Purchases”). You must authenticate your account before making In-App Purchases – separate from any authentication to obtain other Content – by entering your password or other means based on the stores requirements.
4. COMPLIANCE WITH LAWS.
The Application is intended for use only in the United States, Canada, and other territories as designated by DAG. You agree that the Application will not be shipped, transferred or exported into any country, or used in any manner prohibited by the United States Export Administration Act, or any other laws, rules, regulations or restrictions. You may not export or re-export the Application into (or to a national or resident of) any U.S. embargoed country or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons and Entity lists. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
4. DISCLAIMER OF WARRANTIES.
THE APPLICATION, AND ALL SERVICES ACCESSIBLE THROUGH IT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DAG AND ITS LICENSORS AND SUPPLIERS (COLLECTIVELY REFERED TO AS “DAG” FOR PURPOSES OF SECTIONS 4 AND 5) HEREBY DISCLAIM ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES WITH RESPECT TO THE APPLICATION AND RELATED SERVICES PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, ACCURACY, RELIABILITY, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. FURTHER, DAG PROVIDES NO WARRANTY THAT THE APPLICATION OR RELATED SERVICES WILL OPERATE OR BE COMPATIBLE WITH ANY THIRD PARTY HARDWARE OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, ANY MOBILE PLATFORM OPERATING SYSTEM). FURTHER, DAG PROVIDES NO WARRANTY THAT THE APPLICATION OR RELATED SERVICES WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION. YOU MAY HAVE CERTAIN OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE IN THE UNITED STATES.
5. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAG BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF INFORMATION AND/OR DATA, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE APPLICATION, RELATED SERVICES OR ANY OFFER OBTAINED THROUGH THE APPLICATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE), EVEN IF DAG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DAG’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT YOU PAID FOR THE APPLICATION. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOWITH THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
This Agreement is effective until terminated. You may terminate this Agreement at any time by deleting the Application from your device and destroying all copies of the Application and its documentation that are in your possession. This Agreement will terminate immediately without notice from DAG if you fail to comply with any provision of this Agreement. DAG may terminate this Agreement at any time. Upon termination, you must delete the Application from your device and destroy all copies of the Application and its documentation in your possession and discontinue any further use of the Application.
7. CONTROLLING LAW & SEVERABILITY.
This Agreement is governed by the laws of the State of California, United States, as applied to agreements entered into and to be performed entirely within California between California residents. All disputes relating to this Agreement shall be maintained in the State or Federal courts located in the county of El Dorado, California, and you hereby waive any objections or exceptions to such court’s exercise of personal jurisdiction over you solely for the purpose of adjudicating disputes arising out of this Agreement. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You agree that the Uniform Computer Information Transaction Act or any version thereof, adopted by any state, in any form (“UNGITA”), shall not apply to this Agreement, and the parties hereby expressly agree to opt out of the applicability of UNGITA pursuant to the opt-out provision(s) contained therein if there is any assertion of applicability. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and all other provisions will remain in full force and effect.
8. COMPLETE AGREEMENT.
9. THIRD PARTY ACKNOWLEDGEMENTS.