Terms & Conditions
Terms & Conditions
END USER LICENSE AGREEMENT/TERMS AND CONDITIONS
NOTICE TO USER
This End User License Agreement (EULA) is a CONTRACT between You (an individual, company or a Legal entity) and Digital Product Labs, Inc., which covers your use of the DIGITAL PRODUCT LABS INC software product that accompanies this EULA and related software components, which may include associated media, printed materials, and “online” or electronic documentation. All such software and materials are referred to herein as the “Software Product.” A software license, issued to a designated user only by DIGITAL PRODUCT LABS INC or its authorized agents, is required for each user of the Software Product. If you do not agree to the terms of this EULA, then do not install or use the Software Product or the Software Product License. By explicitly accepting this EULA, however, or by installing, copying, downloading, accessing, or otherwise using the Software Product and/or Software Product License, you are acknowledging and agreeing to be bound by the following terms.
1. GRANT OF NON-EXCLUSIVE LICENSE.
- Software Product License. The Software Product License, which is issued to a designated user, enables such designated user to use the Software Product on one domain. YOU may not create derivative copies of the Software Product License.
- Grant of License: Subject to a validly issued Software Product License, DIGITAL PRODUCT LABS INC grants to you the non-exclusive, non-transferable right to use the Software Product on a single website running a valid licensed copy of the operating system for which the Software Product was designed. You may not create derivative copies of the Software Product. All rights not expressly granted to you are retained by DIGITAL PRODUCT LABS INC.
- Backup Copy; Software Product: YOU may responsibly make a copy of Software Product as reasonably necessary for the use authorized above, including as needed for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product.
- Backup Copy; Software Product License: You may install each Software Product License on a single computer system and make copies of the Software Product License as necessary only for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product License.
2. INTELLECTUAL PROPERTY RIGHTS RESERVED BY DIGITAL PRODUCT LABS INC
The Software Product is protected by the United States and international copyright laws and treaties, as well as other intellectual property laws and treaties. You must not remove or alter any copyright notices on any copies of the Software Product. This Software Product copy is licensed, not sold. Furthermore, this EULA does not grant you any rights in connection with any trademarks or service marks of DIGITAL PRODUCT LABS INC. DIGITAL PRODUCT LABS INC. reserves all intellectual property rights, including copyrights, and trademark rights.
3. NO RIGHT TO TRANSFER.
You may not rent, lease, lend, or in any way distribute or transfer any rights in this EULA or the Software Product to third parties without DIGITAL PRODUCT LABS INC.s written approval and subject to written agreement by the recipient of the terms of this EULA.
4. PROHIBITION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.
You may not reverse engineer, decompile, defeat license encryption mechanisms, or disassemble the Software Product or Software Product License except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation
5. SUPPORT SERVICES.
DIGITAL PRODUCT LABS INC may provide you with support services related to the Software Product. Use of any such support services is governed by the DIGITAL PRODUCT LABS INC policies and programs described in “online” documentation and/or other DIGITAL PRODUCT LABS INC – provided materials. Any supplemental software code or related DIGITAL PRODUCT LABS INC products provides to you as part of the support services is to be considered a part of the Software Product and is subject to the terms and conditions of this EULA. With respect to any technical information you provide to DIGITAL PRODUCT LABS INC as part of the support services, DIGITAL PRODUCT LABS INC may use such information for its business purposes without restriction, including for product support and development unless you explicitly restrict us in written and we acknowledge it based on the GDPR regulation compliance. DIGITAL PRODUCT LABS INC will not use such technical information in a form that personally identifies you. Providing technical information to You for customizations will be governed by the internal policies, however DIGITAL PRODUCT LABS INC will not provide customization services on Software Product and Software Product License unless otherwise mentioned in the internal business policies.
6. TERMINATION WITHOUT PREJUDICE TO ANY OTHER RIGHTS.
DIGITAL PRODUCT LABS INC may terminate this EULA if you fail to comply with any term or condition of this EULA. In such event, Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License.
7. LIMITED/NO WARRANTIES.
YOU ACCEPT THE SOFTWARE PRODUCT AND SOFTWARE PRODUCT LICENSE “AS IS”, AND DIGITAL PRODUCT LABS INC (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) MAKE NO WARRANTY AS TO ITS USE, PERFORMANCE, SECURITY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIGITAL PRODUCT LABS INC (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU. IF YOU FIND A PORTION OF THE SOFTWARE THAT IS NOT WORKING, PLEASE SUBMIT A SUPPORT TICKET AND WE WILL CORRECT THE PROBLEM GRANTED IT IS NOT RELATED TO YOUR HOSTING COMPANY OR YOUR PERSONAL INTEREST. NOT ALL HOSTING COMPANIES ARE CONFIGURED THE SAME SO WE WILL WORK WITH YOU AND YOUR HOSTING COMPANY TO ADDRESS THE ISSUE. IF WE FIND THAT THE HOSTING COMPANY DOES NOT HAVE THE REQUIREMENTS FOR OUR SOFTWARE THEN WE WILL RECOMMEND ANOTHER HOSTING PROVIDER AT WHICH TIME YOU WOULD NEED TO SWITCH YOUR HOSTING PROVIDER. IN CASE OF YOUR DECISION TO NOT CHANGE THE HOSTING ACCORDING TO OUR RECOMMENDATION, YOU CANNOT CLAIM FOR ANY REIMBURSEMENTS OR REFUNDS. DIGITAL PRODUCT LABS INC IS NOT LIABLE FOR THE HOSTING COMPANY AND CONFIGURATION OF THEIR SERVER.
8. LIMITATION OF LIABILITY.
THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL DIGITAL PRODUCT LABS INC (OR ITS THIRD PARTY SUPPLIERS AND LICENSORS) BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF DIGITAL PRODUCT LABS INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, DIGITAL PRODUCT LABS INC’s (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) ENTIRE LIABILITY ARISING OUT OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR $1.
You can cancel the subscription any time before the end of the billing period. Cancellation before first 7 days after the billing period will be charged 35% of the subscription amount. After that, you will be charged whole amount of the subscription for that period.
Due to the open-source nature of the software there are no refunds. Along with that, if you are using our cloud service, the resources will be allotted to you to provide the services so we will not be able to provide you refund in this case as well. Therefore, it is important that you go through the features and the functions during the trial to make sure that this software is what you are looking for. The trial is exactly the same software you are purchasing. There are no differences.
11. GOVERNING LAW: ENTIRE AGREEMENT.
This EULA is governed by the laws of the United States of America excluding the application of its conflict of law rules. The United Nations Convention for the International Sale of Goods shall not apply. This EULA is the entire agreement between us and supersedes any other communications or advertising with respect to the Software Product; this EULA may be modified only by written agreement signed by authorized representatives of you and DIGITAL PRODUCT LABS INC.
Support is offered to existing customers for as long as you use the software and own your domain. All bugs should be submitted to our support department for immediate resolution. If you find something is not working, please submit it to our support department.
13. CONTACT INFORMATION
If you have any questions about this EULA, or if you want to contact DIGITAL PRODUCT LABS INC for any reason, please direct all correspondence to:
DIGITAL PRODUCT LABS INC