PLEASE READ THIS END-USER LICENSE AGREEMENT CAREFULLY. This End User License Agreement (“EULA”) governs your use of the modules, themes, their associated upgrades, updates, and related services (the “Product”) currently provided or which will be provided by DNK-Software, (collectively referred to as “DNK-Software").
This EULA sets out the basis on which DNK-Software makes the Products available to you (“User” or ”You”) and on which You may use them. DNK-Software Privacy Policy (“Privacy Policy”) forms an integral part of this EULA. By installing or using the Product, You agree to accept and to be bound by (1) this EULA and (2) the Privacy Policy at all times. If You do not agree with one of these, please do not install or use the Product.
If You have a DNK-Software Account which can be found on “Terms and Conditions”, this EULA shall coexist with, and shall not supersede the Terms and Conditions. To the extent that the provisions of this Agreement conflict with the provisions of the Terms and Conditions, the conflicting provisions in the Terms and Conditions shall govern.
1. GRANT OF LICENSE.
1.1 DNK-Software (or its licensors) grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial, and personal license to install and/or use the Product (in whole or in part) and any Product (the “License”), for such time until either You or DNK-Software terminates this EULA.
You must in no event use, nor allow others to use, the Product or this License for commercial purposes without obtaining a license to do so from DNK-Software. Updates, upgrades, and modifications may be necessary in order to be able to continue to use the Product on certain platforms.
As applicable, certain parts of the Product may be using third-party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms: for instance, if the Product is featuring a social login application, then You must comply with the associated API Terms of Use when using the Product). Please review such additional terms and costs carefully.
1.2 You shall not, directly or indirectly:
- (i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially,
- (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Product (except if the Product enables You through a specific feature to create, generate, or submit User Generated Content and for which You will need to create an Account and comply Terms of Use), in whole or in part;
- (iii) remove, alter, disable, or circumvent any copyright and trademark indications or other authorship and origin information, notices, or labels contained on or within this Product
- (iv) export or re-export this Product or any copy or adaptation in violation of any applicable laws or regulations.
1.3 While using the Product, You agree to comply with all applicable laws, rules, and regulations. In all cases, You may only use the Product according to the anticipated use of the Product.
For example purposes, and without limiting DNK-Software rights to take action against You, You may not:
- a. create, use, share, and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would breach a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
- b. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file, and/or similar destructive device or corrupted data in relation to the Product, and/or organize, participate in, or be involved in any way in an attack on DNK-Software servers and/or the Product and/or those of its service providers and partners;
- c. create, supply, or use alternative methods of using the Products, for example, server emulators;
- d. spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
- e. transmitting or communicating any material or content which, in the sole and exclusive discretion of DNK-Software, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
2. OWNERSHIP.
All title, ownership rights, and intellectual property rights in and to the Product (including, without limitation, all text, graphics, all messages or items of information, and any other elements that are part of the Product, individually or in combination) and any and all copies thereof are owned by DNK-Software or its licensors.
This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.
3. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY.
You expressly acknowledge that the use of the product is at your own risk. To the fullest extent permissible under applicable law, the product is supplied on an “as is” and “as available” basis.
DNK-Software and associated service providers do not make and hereby disclaim any guarantees, conditions, warranties of any kind, express, implied statutory or other terms including as to:
- (a) its conformity, accuracy, completeness, reliability, or security
- (b) its suitability for a particular use;
- (c) implied warranties of title, non-infringement;
- (d) its market value;
- or (e) your satisfaction.
DNK-Software does not warrant that the product will be uninterrupted or error-free, that defects will be corrected, or that the product is free of viruses or other harmful components. You assume all responsibility for selecting the product to achieve your intended results and for the installation of, use of, and results obtained from the product.
Notwithstanding the aforementioned limitations of liability, your sole remedy in the event of a dispute with DNK-Software or its licensors, channel partners and associated service providers is to cease to use the product; and if applicable, seek damages for your losses.
For any product purchased for use on a compatible mobile terminal that would not meet the applicable legal warranties, DNK-Software liability is limited to the refund (directly or indirectly through its channel partners or associated service providers) of the purchase price of the product.
4. TERMINATION.
The EULA is effective from the earlier the date You purchase, download, or use the Product until terminated according to its terms. You and DNK-Software (or its licensors) may terminate this EULA, at any time, for any reason.
Termination by DNK-Software will be effective upon (a) notice to You or (b) termination of Your DNK-Software Account (if any) or (c) at the time of DNK-Software's decision to discontinue offering and/or supporting the Product.
This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession.
5. CHANGES TO THIS EULA OR TO THE PRODUCT.
DNK-Software reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice, or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You.
You can review the most current version of this EULA by clicking on the “License Agreement” link located at https://www.dnk.software. You are responsible for checking this EULA periodically for changes.
If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Section 4 and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
For any questions concerning this EULA, you may contact DNK-Software at the following address: i@dnk.software.