End User License Agreement
Last revised on January 6, 2015
This End User License Agreement (the "EULA") is a binding legal agreement between you, as an individual or entity, and Duro-Last, Inc., a Michigan corporation ("Duro-Last") . By downloading, installing, or using this application for Android, iOS or other platform, as applicable (the "Software"), you agree to be bound by the terms of this EULA. If you do not agree to the EULA, do not check the "I accept the terms" box and do not use the Software.
You agree that installation or use of the Software signifies that you have read, understood, and agree to be bound by the EULA.
Description of Software
The Software is a downloadable software application that enables you to access the Duro-Last application functionality directly from your Android, iPhone, iPad or other mobile device supported by Duro-Last ("Device").
You may download the Software whether or not you use the Duro-Last Service, but you must login with your Duro-Last.com web account to enable its full functionality.
Title, ownership and all rights (including without limitation intellectual property rights) in and to the Software and any information which may be provided by Duro-Last via the Software shall remain with Duro-Last. Except for those rights expressly granted in this EULA, no other rights are granted, whether express or implied.
You understand and agree that you shall only use the Software in a manner that complies with any and all applicable laws in the jurisdictions in which you use the Software. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights.
You may not:
- Create derivative works based on the Software;
- Use the Software for any purpose other than as described herein;
- Copy or reproduce the Software except as described in this EULA;
- Sell, assign, license, disclose, distribute or otherwise transfer or make available the Software or any copies of the Software in any form to any third parties;
- Alter, translate, decompile, reverse assemble or reverse engineer the Software, or attempt to do any of the foregoing, except to the extent this prohibition is not permitted under an applicable law;
- Remove or alter any proprietary notices or marks on the Software.
Personal Information and Privacy
DURO-LAST DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR ANY INFORMATION WHICH MAY BE PROVIDED BY DURO-LAST VIA THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED MANNER, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FULLY COMPATIBLE WITH ANY PARTICULAR PLATFORM. THE SOFTWARE AND ANY INFORMATION WHICH MAY BE PROVIDED BY DURO-LAST VIA THE SOFTWARE IS OFFERED ON AN "AS-IS" BASIS AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. DURO-LAST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
Right to Terminate or Modify Software
Duro-Last may modify the Software and this EULA with notice to you either in email or by publishing notice on the website, including but not limited to charging fees for the Software, or changing the functionality or appearance of the Software. In the event Duro-Last modifies the Software or the EULA, you may terminate this EULA and cease use of the Software. Duro-Last may terminate your use of the Software, the EULA or the Duro-Last Service at any time, with or without notice.
U.S. Government Restricted Rights
The Software and accompanying documentation are provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph (c)(1)(iii) of DFARS 252.227-7013 (The Rights in Technical Data and Computer Software) or subparagraphs(c)(1) and (2) of 48 CFR 52.227-19 (the Commercial Computer Software - Restricted Rights), as applicable. The manufacturer is Duro-Last, Inc., 525 Morley Drive, Saginaw, MI 48601.
By accepting the EULA, you agree to indemnify and otherwise hold harmless Duro-Last, Inc.,, its officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Software or any other matter relating to the Software or any information which may be provided by Duro-Last via the Software.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DURO-LAST, INC., SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DURO-LAST, INC., HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL DURO-LAST'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT OF LICENSING FEES PAID BY YOU TO DURO-LAST. THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF DAMAGES AND/OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
This EULA is expressly made subject to any laws, regulations, orders or other restrictions on the export from the United States of America of the Software or information about such Software which may be imposed from time to time by the government of the United States of America. You shall not export the Software or information about the Software without consent of Duro-Last and compliance with such laws, regulations, orders or other restrictions.
The EULA between you and Duro-Last, Inc., will be governed by and construed in accordance with the laws of the State of Michigan without regard to conflict of laws principles. To the extent permitted by applicable law, the exclusive forum for any disputes arising out of or relating to this EULA shall be the state court sitting in Saginaw County, State of Michigan or the Federal District Court for the Eastern District of Michigan in Bay City and you consent to and submit to the personal jurisdiction of the state and federal courts sitting in the State of Michigan for such purpose. The EULA constitutes the entire agreement between you and Duro-Last regarding the Software. If any provision of this EULA is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this EULA will remain in full force and effect. You may not assign this EULA, and any assignment of this EULA by you will be null and void. Duro-Last and all other Duro-Last logos and names are trademarks owned by Duro-Last,. You agree not to display or use these trademarks in any manner without Duro-Last's prior, written permission. The section titles and numbering of this EULA are displayed for convenience and have no legal effect.