DNRcast License Agreement
DNR Events LLC wishes to license software to the User and the User desires to use the software under the terms and conditions stated below.
In consideration of the provision contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows:
1. Under this Agreement DNR Studios grants to the User a non-exclusive and non-transferrable license (“the License”) to use DNRCast (“the App”).
2. The App includes the executable software, programs, source code, and any related printed, electronic and online documentation and any other files that may accompany the product.
3. Title, copyright, intellectual property rights and distribution rights of the App remain exclusively with DNR. Intellectual property rights including the look and feel of the App. The Agreement constitutes a License for use only and is not in any way a transfer of ownership rights to the App.
4. The App may be loaded onto no more than three devices for the personal access of the User only. A single copy may be made for backup purposes only.
5. User agrees to acquire and maintain in good standing a DNR subscription in accordances with the Terms of Service set forth on the Site. User access to App will only continue during the term of their active DNR subscription.
5. The rights and obligations of this Agreement are personal rights granted to the User only. The User may not transfer or assign any of the rights and obligations to any other person or legal entity. The User may not make available the App for use by one or more third parties.
6. The App may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.
7. Failure to comply with any of these terms under the License section will be considered a maternal breach of this Agreement.
8. The purchase price of $0.00USD paid by the User will constitute the entire license fee and is the full consideration for this Agreement only.
Limitation of Liability
9. The App is provided by DNR and accepted by the User “as is.” Liability for DNR will be limited to a maximum of the original purchase price of the App. DNR will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profit, loss of data, or any other business or economic disadvantage suffered by the User arising out of the use or failure to use the App.
10. DNR makes no warranty expressed or implied regarding the fitness of the App for any purpose or that the App will be suitable or appropriate for the specific requirements of the User.
11. DNR does not warrant that the App will be uninterrupted or error-free. The User accepts that the App in general is prone to bugs and flaws within an acceptable level as determined in the industry.
Warrants and Representations
12. DNR warrants and representations that it is the copyright holder of the App. DNR warrants and represents that granting the license to use this App is not a violation of any other agreement, copyright or applicable statute.
13. All terms, conditions and obligations of this Agreement will be deemed accepted by the User (“Acceptance”) upon execution of this Agreement.
14. No user support or maintenance is provided as part of this Agreement.
15. The term of this Agreement will begin on Acceptance and is perpetual.
16. This Agreement will be terminated and the License forfeited where the User has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement, for any reason, the User will promptly destroy the App or return the App to DNR.
17. DNR will be free of liability to the User where DNR is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, pandemic, or other unforeseen and uncontrollable event where DNR has taken any and all appropriate action to mitigate such an event.
18. The parties to this Agreement submit to the jurisdiction of the courts of the State of New York for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of New York.
19. This Agreement can only be modified in writing accepted by the User and DNR.
20. This Agreement does not create or imply any relationship in agency or partnership between the User and DNR.
21. Headings are inserted for the convenience of the parties and are not to be considered when interpreting this Agreement.
22. If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.