END USER LICENSE AGREEMENT
This agreement applies to all products: Dindroid
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING TO DOWNLOAD AND INSTALL THE SOFTWARE IDENTIFIED BELOW AND ANY COMPONENTS ASSOCIATED WITH THE SOFTWARE, MEDIA, PRINTED MATERIAL OR OTHER RELATED ELECTRONIC DOCUMENTS (COLLECTIVELY”), THE PRODUCT. IN ORDER TO COMPLETE THE PURCHASE OF THE REQUIRED PRODUCT, YOU WILL FIRSTLY BE REQUIRED TO ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY DOING SO, OR OTHERWISE AS INSTALLING, COPYING, OR USING THE PRODUCT, THE CONTRACTOR AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THIS AGREEMENT REPRESENTS THE ENTIRE PRODUCT AGREEMENT BETWEEN THE CONTRACTOR AND DINDROID AND IS IN LIEU OF ANY PROPOSAL, CONTRACT, REPRESENTATION OR UNDERSTANDING PREVIOUSLY MADE BETWEEN THE PARTIES. THIS AGREEMENT INCLUDES AN ARBITRATION CLAUSE.
Section 1. Intellectual Property Rights. The Product is protected by copyright and other intellectual property laws, and all intellectual property rights in the product belong to Anderson M Santos o Dindroid (“Dindroid”) and its subsidiaries. Furthermore, all rights, titles and interests, including all intellectual property rights, in and to the content that may be accessed through the use of the Product is owned by the respective content owner and may be protected by copyright or other intellectual property laws and treaties. This agreement does not grant any right to use the aforementioned content. All rights not expressly granted are reserved by Dindroid. The Product is licensed only, not sold. It may not be reproduced, published, transmitted, modified, created derivations, or publicly displayed of the Product. Any Copying or storing of the Product other than as mentioned in section 2, as below, is prohibited unless written permission is obtained from Dindroid.
Section 2. License Grant and Prohibited Uses. Dindroid grants, subject to the terms and conditions of this Agreement, a limited, non-exclusive, non-transferable and non-sub-licensable license to use the number of copies of the Product that you have paid for on the corresponding number of computers, running a validly licensed copy for the system for which the product was developed, for personal use or for internal use within the company. A single copy of the Product may be made for archival purposes and may only be used if the original copy is not in use. Copyright notices may not be removed or altered on any copy of the Product. The Product may not be used on a computer network or allowed for simultaneous use by more than one user. Rent, lease or transfer of the Product is not permitted. Reverse engineering, decompilation or disassembly of the Product or attempt to do so is not permitted unless permitted by law. Any supplemental code that Dindroid may provide in connection with any support services agreed between the parties shall be considered part of the product and shall be subject to the terms and conditions of this Agreement. All applicable laws regarding the use of the Product must be complied with.
Trial Version: If you have received, downloaded and/or installed the trial version of the Product and received an evaluation license for the Product, you may use the Product for evaluation purposes only and for this period only, unless otherwise indicated differently on the initial valuation date. Any use of the Product for other purposes or beyond the applicable trial period is strictly prohibited.
Section 3.Installation and Scheduled Tasks. The installation process takes a few seconds and cannot be interrupted once started. By installing this Product, you acknowledge that a silent installation will be performed to expedite the installation process. The product will create and run scheduled tasks on your computer. Scheduled tasks are enabled by default and can be disabled by you at any time in the product settings. The product's services can run in the background to deliver updates, automatic services, performance monitoring and other functionality. These services can start automatically when the computer starts and can be paused or restarted, but the program will not work correctly if the services are paused or closed.
Section 4. Limited Warranty. Dindroid warrants and represents that the Product will substantially comply with and operate in accordance with the documentation for a period of sixty (60) days from the date the terms of this agreement are accepted and the completion of the download of the product (" Warranty Period "). This Limited Warranty applies only if non-compliance is reported to Dindroid during the Warranty Period and if Dindroid is able to confirm the substantial non-compliance. It will be void if the non-conformity of the product is the result of accident, abuse, misuse or inappropriate use of the product. The corrective remedy for breach of this warranty will be, at Dindroid's option, (i) repair or replacement of the Product; or (ii) reimbursement of money, in cases where payment for the Product license has been paid.
Section 5. Warranty Disclaimer. SUBJECT TO THE PROVISIONS OF SECTION 4 ABOVE, THE PRODUCT IS BEING LICENSED "AS IS" AND "WITH ALL FAULT", WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. THE ENTIRE RISK ASSOCIATED WITH THE QUALITY AND PERFORMANCE OF THE PRODUCT IS WITH THE USER AND IF THE PRODUCT IS DEFECTIVE, THE USER, NOT DINDROID, SHALL BE ENTIRELY RESPONSIBLE FOR THE COST OF THE REPAIR SERVICE. TO THE EXTENT PERMITTED BY LAW, DINDROID DISCLAIMS ALL OTHER PRODUCT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, DINDROID DOES NOT WARRANT OR WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE PRODUCT. DINDROID MAKES NO WARRANTIES WITH RESPECT TO ANY DAMAGE THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER TYPE OF COMPUTER PROGRAM. DINDROID ALSO EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION FOR AUTHORIZED USERS OR ANY THIRD PARTY. THE DURATION OF ANY REQUIRED STATUTORY WARRANTY PERIOD SHALL BE LIMITED TO THE LIMITED WARRANTY PERIOD. NOTWITHSTANDING THE ABOVE, YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
Beta Software: If the Product received by you has been identified as "Beta" software, you may use the Product for testing purposes. THE BETA SOFTWARE IS ASSUMED TO CONTAIN FAILURES AND THE PRIMARY PURPOSE OF THE BETA BETA LICENSE IS TO OBTAIN FEEDBACK ABOUT SUCH FAILURES. You are advised to retain your important data, use it with caution, and do not rely in any way on the correct functioning or performance of the software and/or accompanying materials. SUBJECT TO THE PROVISIONS IN SECTION 4 ABOVE, THE PRODUCT is being licensed on a "with all faults" basis and without any express or implied warranty of any kind. The entire risk relating to the quality and performance of the Product resides with the user, and if the Product proves to be defective, you, and not Dindroid, will bear the full cost of all necessary repairs.
Section 6. Exclusion of Consequential Damages. IN NO EVENT SHALL DINDROID BE LIABLE FOR ANY INCIDENTAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE PRODUCT OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, COMPUTER FAILURE, INTERRUPTION OF WORK OR OTHERWISE IN ANY OTHER ABOUT THE POSSIBILITY OF SUCH DAMAGES. AS SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DATA, THE ABOVE LIMITATION MAY NOT APPLY.
Section 7. Limitation of Liability. DINDROID SHALL HAVE NO LIABILITY WITH RESPECT TO THE CONTENT OF THE PRODUCT OR ANY PART OF IT, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS CONTAINED, DEFAMATION, INFRINGEMENT OF ADVERTISING RIGHTS, PRIVACY, TRADEMARKS, INTERRIGHTS, TRADEMARKS PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION. DINDROID'S TOTAL LIABILITY IN NO EVENT SHALL EXCEED THE ACTUAL PRICE PAID FOR THE PRODUCT.
Section 8. Export Control. The United States controls the export of products and information. Contractor must agree to comply with such restrictions and not to export or re-export the Product to countries or persons prohibited under export control laws. When downloading the Product, you must agree that the contracting party is not in a country where export is prohibited or is a person or entity to which such export is prohibited. The Contractor is responsible for complying with the laws of its local jurisdiction regarding the import, export or re-export of the Product.
Section 9. Taxes. Contractor is responsible for payment of all sales, use and similar taxes related to the Product license.
Section 10. Government Users. If the Product is downloaded by or on behalf of the United States of America, its agencies and/or instruments ("US Government"), it is provided with Restricted Rights. Use, duplication, or disclosure of the Product by the US Government is subject to restrictions as set forth in the DFARS Rights In Technical Data and Computer Software clause and any other related applicable US law or regulation.
Section 11. Termination. Without prejudice to any other rights, Dindroid may terminate this Agreement if the Contractor fails to comply with the terms and conditions set forth herein. In this case, the contractor must destroy all copies of the product in its possession.
Section 12. General Terms. If the contractor lives in the United States, the terms of this Agreement will be governed by the laws of the State of California. If you live outside the United States, the terms of this Agreement will be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China. If any provision of this Agreement is held invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. No waiver of any term of this Agreement shall be deemed an additional or continuing waiver of such term or any other term. This Agreement constitutes the entire agreement between the contractor and Dindroid with respect to this transaction. Any changes to this Agreement must be in writing and signed by an authorized representative of Dindroid.
Section 13. Resolution of Claims. Most customer complaints can be resolved through Dindroid's online support center (available at www.dindroid.com) or by calling the customer service department via the toll free number that Dindroid has provided. . In the event that Dindroid is unable to resolve the issue to the contractor's satisfaction, this section explains how claims can be resolved through mediation, arbitration or litigation. Includes an arbitration clause.
For this section, the words "contractor" and "Dindroid" include any parent company, subsidiaries, affiliates, or related persons or entities. The word "claim" means any current or future claim, dispute or controversy in relation to the Product, this Agreement, and this Claims Resolution Provision, except for the validity, effectiveness or scope of the Arbitration clause. The word "claim" also includes, but is not limited to: (i) initial requests, disputes, cross-claims and third-party claims; (ii) claims based on contract, tort, fraud, statute, regulation, law and common equity; (iii) claims by or against any third party using or providing any product, service or benefit in connection with the Agreement; and (iv) claims arising from or related to advertisements, promotions or oral or written statements relating to the Product. Contractor or Dindroid may not sell, assign or transfer a claim.
Claim notice submission
Prior to initiating a lawsuit, mediation or arbitration, the Contractor and Dindroid agree to send a written notice (a notice of claim) to each party against which the claim is made, in order to provide an opportunity to resolve the claim informally or through mediation. Contractor must go to https://www.dindroid.com for a sample of a notice of claim. The notice of claim must describe the claim and indicate the concrete benefit required.
Notices sent to Dindroid must include the contractor's name, address, the name of the Product in question, the date of download or purchase of the Product, the email address previously provided, if any, and the license code that Dindroid provided, if there is. Notice should be sent to email@example.com . If the claim goes to arbitration, the amount of any benefit required in a notice of claim will not be disclosed to the judge until after the arbitration rules.
In mediation, a neutral mediator helps the parties resolve a claim. The mediator does not decide the claim, but helps the parties reach an agreement.
All communications related to mediation are confidential, inadmissible in court and not subject to disclosure. All applicable statutes of limitation will be suspended until the end of the mediation.
Both the Contractor and Dindroid may terminate the mediation at any time. The filing or failure to file a mediation claim will not affect the Contractor's or Dindroid's rights under this Claim Resolution clause.
If the contractor lives in the United States, the contractor or Dindroid may choose to resolve any claim through individual arbitration. If the contractor does not reside in the United States, this arbitration subsection will not apply. In individual arbitration, claims are decided by a neutral judge.
If arbitration is chosen by either party, neither the contracting party nor Dindroid shall have the right to challenge that claim in court or have a jury trial on this request. In addition, neither the Contractor nor Dindroid shall have the right to participate, in representation or as a member of any class, in any claim subject to arbitration. Arbitration procedures are generally simpler than the rules that apply in court, and disclosure is more limited. Judges' decisions are enforceable like any court order and are subject to very limited evaluation by the court. Except as described below, the judge's decision will be final and binding. Other rights that the Contractor or Dindroid would have in court also may not be available in arbitration.
Otherwise, the Contractor or Dindroid may choose to arbitrate any claim at any time, unless it has been filed in court and judgment has already begun or final judgment has been entered. Both the contractor and Dindroid may delay performance or not exercise the rights under this Arbitration clause, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights.
Dindroid will not elect arbitration for any claim that the contractor files in small claims court, provided that the claim is individual and pending only in that court.
Limitations on arbitration
If either party chooses to settle a claim through arbitration, that claim will be arbitrated individually. There will be no right or authority for any claim to be arbitrated on a class action basis or on a basis involving claims brought in a purportedly representative capacity on behalf of the general public, other licensees or other similarly situated persons.
The judge's authority is limited to claims between the contractor and Dindroid. Claims cannot be merged or consolidated unless the contractor and Dindroid agree in writing. An arbitral award, and any judgment confirming it, applies only to a specific case and cannot be used in any other case except to fulfill the award. Notwithstanding any other provision and without waiving the right to appeal this decision, if any part of these limitations on Arbitration is held invalid or unenforceable, then the entire Arbitration provision (except this sentence) will not apply.
This Arbitration clause is regulated by the FAA. The judge will apply applicable substantive law, statutes of limitations and privileges. The judge will not apply any federal or state rules of civil procedure or evidence to matters relating to evidence or findings. Subject to Limitations on Arbitration, the judge may grant any other form of assistance in court. The arbitration will be confidential, but you may notify any government official of your request.
At the Employer's discretion, any face-to-face arbitration hearings shall be held in the federal judicial district of its residence.
Arbitration fees and costs
The contractor will be responsible for paying its assigned portion of any arbitration fee (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees that the contractor would have had if it had filed a claim in a court of jurisdiction generic. Dindroid will be responsible for any additional arbitration fees. Upon the Contractor's written request, Dindroid will in good faith consider making a temporary advance on its assigned portion of any arbitration fee, or fair payment of the fees of an expert appointed by the judge for cause.
If the judge's rules favor the contracting party for an amount greater than any final Dindroid offer made prior to arbitration, the judge's decision will include: (i) all of the amount to which the contracting party is entitled, but in no case less than $2000; and (ii) attorney fees and costs.
The Contractor's Right to Reject Arbitration
The contractor may reject this Arbitration clause by sending a rejection notice to Dindroid at: firstname.lastname@example.org . Your rejection notice must be sent within 30 days of your first download or purchase of the Product. Your rejection notice must indicate that you reject the Arbitration position and must include your name, address, date of download or purchase of the Product, the name of the Product, the email address you previously provided to Dindroid, if any , and the license code that Dindroid provided, if any. If the notice of rejection complies with these requirements, this arbitration provision does not apply to the contracting party, except for any claim subject to pending litigation or arbitration at the time the notice of rejection is sent. The rejection of this arbitration provision shall not affect the contractor's other rights or responsibilities under this Agreement. Rejection of this Arbitration clause will not affect the Contractor's ability to use the Product.
This Claims Termination Provision will survive termination of this Agreement or your license to use the product. If any part of this Resolution of Claims provision, except as otherwise provided in the Limitations on Arbitration clauses above, is held invalid or unenforceable, it will not invalidate the remaining parts of this Resolution of Claims Provision.
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