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. ERM 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.