End User License Agreement
Thank you for visiting the Daacoworks website. This document is a legal agreement between you or the entity that you represent (“you") and Daacoworks and governs your download and purchase of Daacoworks software products from the Website. This Agreement sets the terms, rights, restrictions, and obligations on using the software created and owned by Daacoworks, as detailed herein.
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License Grant:
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Daacoworks hereby grants Licensee a Personal, Non-assignable & non-transferable, Perpetual, Commercial, with the rights to create derivative works, Non-exclusive license.
Non-Assignable & Non-Transferable:
The licensee may not assign or transfer his rights and duties under this license.
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Binary Restricted:
Licensee may sublicense Software as a part of a larger work containing more than Software, distributed solely in Object or Binary form under a personal, non-sublicensable, limited license.
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Commercial:
Licensee may use Software for any purpose, including paid services.
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Payment:
In consideration of the License granted, Licensee shall pay Daacoworks a fee, via Credit-Card, PayPal, or any other means which Daacoworks may deem adequate. Failure to perform payment shall construe as a material breach of this Agreement.
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Upgrades, Updates, and Fixes:
Daacoworks may provide Licensee, from time to time, with Upgrades, Updates, or Fixes, as detailed herein and according to his sole discretion. Licensee hereby warrants to keep The Software up-to-date and install all relevant updates and fixes, and may, at his sole discretion, purchase upgrades, according to the rates set by Daacoworks.
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Upgrades:
for the purpose of this license, an Upgrade shall be a material amendment in The Software, which contains new features and or major performance improvements and shall be marked as a new version number. For example, should the Licensee purchase The Software under version 1.X.X, an upgrade shall commence under number 2.0.0.
Updates:
for the purpose of this license, an update shall be a minor amendment in The Software, which may contain new features or minor improvements and shall be marked as a new sub-version number. For example, should Licensee purchase The Software under version 1.1.X, an upgrade shall commence under number 1.2.0.
Fix:
for the purpose of this license, a fix shall be a minor amendment in The Software, intended to remove bugs or alter minor features which impair The Software’s functionality. A fix shall be marked as a new sub-sub-version number. For example, should Licensee purchase Software under version 1.1.1, an upgrade shall commence under number 1.1.2.
Support:
Software is provided with limited support, as detailed in the Software’s SLA detailed under the License Grant. Daacoworks shall provide support via electronic mail or phone on regular business days and hours.
Feature Request:
Licensee may request additional features in Software, provided, however, that (i) Licensee shall waive any claim or right in such feature should feature be developed by Daacoworks; (ii) Licensee shall be prohibited from developing the feature, or disclose such feature request, or feature, to any 3rd party directly competing with Daacoworks or any 3rd party which may be, following the development of such feature, in direct competition with Daacoworks; (iii) Licensee warrants that feature does not infringe any 3rd party patent, trademark, trade secret or any other intellectual property right; and (iv) Licensee developed, envisioned or created the feature solely by himself.
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Liability:
To the extent permitted under Law, The Software is provided on an AS-IS basis. Daacoworks shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as a result of Software’s actions, failure, bugs and/or any other interaction between The Software and Licensee’s end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, Daacoworks shall never be liable for any defect in source code written by Licensee when relying on The Software.
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No-Warranty:
The Software is provided without any warranty; Daacoworks hereby disclaims any warranty that The Software shall be error free, without defects or code which may cause damage to Licensee’s computers or to Licensee, and that Software shall be functional. The licensee shall be solely liable to any damage, defect or loss incurred as a result of operating software and undertake the risks contained in running The Software on License’s Server[s] and Website[s].
Prior Inspection:
Licensee hereby states that he inspected The Software thoroughly and found it satisfactory and adequate to his needs, that it does not interfere with his regular operation and that it does meet the standards and scope of his computer systems and architecture. The licensee found that The Software interacts with his development, website and server environment and that it does not infringe any of End User License Agreement of any software Licensee may use in performing his services. Licensee hereby waives any claims regarding The Software’s incompatibility, performance, results and features, and warrants that he inspected The Software.
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Indemnification:
Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee’s use of The Software in means that violate, breach or otherwise circumvent this license, Licensor’s intellectual property rights or Licensor’s title in The Software.
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Governing Law, Jurisdiction:
Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license and to compensate Licensor for any legal fees, cost or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full.