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D Software End User License Agreement
IMPORTANT - PLEASE READ CAREFULLY: This End User License Agreement ("Agreement") constitutes a valid and binding agreement between D Software, INC. (”r;d software,” ”r;WE” or ”r;US”) and you, as either an individual or a single business entity ("you," "your" or "user") for the use of the zephyr 1.1 software, ANY files that are delivered to you by d software to modify the zephyr 1.1 software product, any online or enclosed documentation, and any updates, fixes and upgrades provided to you (collectively, the ”r;Software”). You must FIRST READ AND ACCEPT THE TERMS OF THIS LICENSE AGREEMENT by clicking on the ”r;i agree” checkbox below in order to install and use the Software.
to ENTEr INTO THIS AGREEMENT, yOU MUST BE AN ADULT. IF YOU ARE A MINOR, YOUR PARENT(S) OR GUARDIAN(S) MUST ACCEPT THIS AGREEMENT ON YOUR BEHALF AND TAKE FULL RESPONSBILITY for aLL OBLIGATIONS IMPOSED ON AN END USER PURSUANT TO THE TERMS OF THIS AGREEMENT. BY CLICKING ON THE "I AGREE" BUTTON AND BY INSTALLING AND USING THE SOFTWARE, YOU REPRESENT THAT YOU ARE AN ADULT AND ARE EITHER ACCEPTING THIS AGREEMENT ON BEHALF OF YOURSELF OR YOUR CHILD. BY CLICKING ON THE ”r;I AGREE” BUTTON AND BY INSTALLING AND USING THE SOFTWARE, YOU ALSO AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT WITH D SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ARE NOT AN ADULT, DO NOT CONTINUE WITH THE INSTALLATION PROCESS.
BY CLICKING ON THE "I AGREE" BUTTON, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO, AND TO BE BOUND BY, THE TERMS OF SERVICE AND PRIVACY POLICY APPLICABLE TO THE WEBSITE AND THE CONTENT, SERVICES AND FEATURES PROVIDED ON OR THROUGH THE SOFTWARE, AND ANY NEW VERSIONS OR UPDATES THEREOF. BOTH THE TERMS OF SERVICE AND PRIVACY POLICY CAN BE ACCESSED ON EACH PAGE OF THE WEBSITE.
1. License. (a) Grant of License. Subject to the terms of this Agreement, and subject to your payment of the appropriate licensing fee, D Software hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use the Software in machine readable, object code form only, and only as authorized in this Agreement. The Software is made available through, inter alia, the website www.getzephyr.com (hereafter, the ”r;Website”) and is distributed in connection with this Agreement. You may not copy the Software (subject to Section 1(b) below); however, D Software hereby grants you the right to create a single copy of the Software and any documentation accompanying the Software for your own backup purposes. Any such copies of the Software or documentation shall include any copyright or other proprietary notices that were included on such materials when you first received them.
(b) Scope of Use. You may use one copy of the Software activated by a license key on a single server (virtual or physical) owned, leased, or otherwise controlled by you, at a single time. For purposes of this Agreement, ”r;use” of the software means loading the Software into the temporary or permanent memory of a computer. Installation of the Software on a network server solely for distribution to other computers is not ”r;use” of the Software, and is permitted, as long as you have a distinct license key for each server (virtual or physical) to which the Software is distributed. The Software may not be used on or distributed to a greater number of computers than you have distinct license keys. If you use or distribute the Software to multiple computers, you must ensure that the number of computers with the installed Software does not exceed the number of distinct license keys you have obtained, or you will be in breach of this Agreement. You acknowledge that any unauthorized copying or use of the Software is a violation of this Agreement and copyright laws and is strictly prohibited and you will use your best efforts to cooperate and assist D Software in identifying and preventing any unauthorized use, copying, or disclosure of the Software, or any portion thereof. You agree to not remove copyright notices from any version of the Software or documentation. You acknowledge and agree that you have no right to use the Software for any commercial purpose that is not permitted by the terms of this Agreement.
(c) The Software will be available to you for use upon your receipt of one or more license keys. Upon acceptance of this Agreement, you may obtain one or more license keys by paying the requisite license fees, using the procedure set forth on the Website. The license fees paid by you are paid in consideration of the license granted under this Agreement. D Software does not refund license fees. By accepting this Agreement you fully understand that once license fee payment is made to D Software you will have no recourse for receiving a refund of any part of the fees.
2. Ownership. You acknowledge that the Software is proprietary to D Software, and the Software is protected under United States copyright law and international treaties. You further acknowledge and agree that, as between you and D Software, D Software owns and shall continue to own all right, title, and interest in and to the Software, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. This Agreement does not grant you any ownership interest in or to the Software, but only a limited right of use that is revocable in accordance with the terms of this Agreement. You acknowledge and agree that you will not take any action to jeopardize, limit or interfere with any of our rights regarding the Software, documentation and intellectual property rights associated therewith. You acknowledge that the Zephyr name, the Zephyr logo, and other Zephyr related properties used in connection with the Software or with the services rendered by D Software are marks of D Software. All other trademarks appearing on the Software are trademarks of their respective owners. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
3. Technical Support and Upgrades. We, in our sole discretion, reserve the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Software. You acknowledge and agree that we have no obligation to create subsequent versions of the Software, although subsequent versions of the Software if created will be made available to you through our Website.
4. No Transfers or Reverse Engineering. You shall not rent, lease, sell, sublicense, assign, or otherwise transfer the Software or any accompanying printed materials or any license keys to a third party. You may not cause, permit or authorize the reverse engineering, decompiling, or disassembling of the Software, nor will you attempt to recover the source code from the object code of the Software, except to the extent that these restrictions are expressly prohibited by applicable laws. You may not cause, permit or authorize the modification of the Software or manufacture any derivative works based on the Software or any part of it, or otherwise exploit the Software other than for purposes permitted by this Agreement. Furthermore, without our prior written consent, you may not incorporate, or let others incorporate, the Software, in part or in whole, into any other program.
5. Copyright Infringement (a) D Software respects copyright and other laws. D Software requires all users to comply with copyright and other laws. D Software does not by the supply of the Software authorize you to infringe the copyright or other rights of third parties. (b) As a condition to use the Software, you agree that you must not use the Software to infringe the intellectual property or other rights of others, in any way. The unauthorized reproduction, distribution, modification, public display, communication to the public or public performance of copyrighted works is an infringement of copyright. (c) You are entirely responsible for your conduct and for ensuring that it complies with all applicable copyright and data-protection laws. In the event that you fail to comply with laws regarding copyrights or other intellectual property rights and data-protection and privacy, you may be exposed to civil and criminal liability, including possible fines and jail time.
6. Prohibited Activities. You agree not to use the Software to: (a) Transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) Harm minors in any way; (c) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users; (e) Transmit, access or communicate any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (f) Transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (g) Transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (i) Interfere with or disrupt the Software; (j) Intentionally or unintentionally violate any applicable local, state, national or international law, including securities exchange and any regulations requirements, procedures or policies in force from time to time relating to the Software; (k) Monitor traffic or make search requests in order to accumulate information about individual users; (l) "Stalk" or otherwise harass another; or (m) Modify, delete or damage any information contained on the personal computer of any other user.
7. Third Party Consents. It is your responsibility to ensure that you obtain all consents, authorizations and clearances in any data owned or controlled by third parties that you transmit, access or communicate to others using the Software.
8. Term This Agreement will be effective as of the date on which a license key is sent to you to enable your use of the Software. This Agreement expires by termination only or, alternatively, if the Software was provided for limited term use, this Agreement will automatically expire at the end of the authorized term. You may terminate this Agreement at any time by ceasing all use of the Software, documentation and intellectual property rights associated therewith, and removing all copies of the Software from all hard drives networks and other storage media. If you prematurely terminate your use of the Software, D Software will be under no obligation to refund any portion of your license fee. We have the right to terminate this Agreement with immediate effect at any time for any reason, including but not limited to, the event in which we establish that you are not adhering to one or more of the stipulations of this Agreement. Furthermore you acknowledge that upon termination all licenses and rights to use the Software shall terminate. All stipulations regarding intellectual property rights survive the termination of this Agreement and will therefore remain in full force. We will not be liable in relation to any damage caused by the termination of this Agreement. Upon the expiration or termination of this Agreement, you shall cease use of the Software and, upon request, promptly return to D Software, or certify destruction of, the Software and related documentation.
9. Governing Law This Agreement as well as all disputes arising out of or in connection with this Agreement shall be governed by the laws of the State of California, without regard to or application of choice of law rules or principles. Any dispute arising out of or in connection with this Agreement, or in future agreements resulting therefrom, shall be exclusively resolved before the state or federal courts located in Los Angeles, California. You further agree not to bring claims on a representative, class member basis, or as a private attorney general, and agree not to assert any claims against us unless such claims are asserted by you in the forum required by this Agreement no later than one year following the date that your claim or cause of action arose.
10. Disclaimer of Warranty You expressly acknowledge and agree that use of the Software is at your sole risk. The Software is supplied "as is". To the maximum extent permitted by law, we disclaim all warranties, claims and representations either express, implied or statutory, including without limitation, warranties in respect of quality, performance, non-infringement oF THIRD PARTY RIGHTS, merchantability or fitness for a particular purpose. We furthermore do not represent or warrant that the Software will function uninterrupted or run free of defects and faults, Nor do we represent or warrant that any faults and defects will be remedied and that the Software will function on a specific platform. Some jurisdictions do not allow the disclaimer of particular implied warranties. If this may be the case, some of these disclaimers may not apply to you.
11. Limitation of Liability (a) In no circumstances will D SOFTWARE OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS OR OTHER PARTNERS, OR EMPLOYEES, BE liable WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY) OR ANY OTHER THEORY for any indirect, incidental, special or consequential damages TO you or any third party (including without limitation, loss of data, loss of profits, COMPUTER FAILURE AND business interruption), arising out of the use of or inability to use the Software, even if we have been advised of such damages. IN ADDITION, WITHOUT LIMITING THE FOREGOING, D SOFTWARE WILL NOT BE LIABLE IN ANY WAY (A) FOR ANY ERRORS OR OMISSIONS IN ANY DATA, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY DATA TRANSMITTED VIA THE SOFTWARE; OR (B) IF YOU ARE EXPOSED TO DATA AS A RESULT OF YOUR USE OF THE SOFTWARE THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE. Your only right or remedy with respect to any problems or dissatisfaction with the Software is to de-install and cease use of the Software. SOME JURISDICTIONS DO NOT ALLOW SOME OF THE EXLUSIONS SET FORTH IN THIS SECTION. IF THIS MAY BE THE CASE, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. (b) If you learn of any actual or threatened infringement or piracy of the Software, or if any infringement or piracy claim is made against you by a party other than D Software in connection with your use of the Software, you shall notify D Software in writing of the infringement, piracy or claim as soon as is reasonably possible. D Software shall in its sole discretion determine what action if any to take with respect to the foregoing and shall assume the defense or and bear the expenses of any such action (except to the extent, if any, to which such dispute or costs arise from your negligence, willful misconduct or modification of the Software). In the event that the use of the Software in accordance with the provisions of this Agreement is declared by a court of competent jurisdiction to infringe the rights of any third party, as your sole remedy, D Software at its option shall (i) procure for you the right to use the Software, (ii) modify the Software to render it non-infringing or (iii) cancel this Agreement.
12. Indemnification and Remedies (a) YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND D SOFTWARE, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS OR OTHER PARTNERS, AND EMPLOYEES (COLLECTIVELY, THE ”r;INDEMNIFIED PARTIES”), AT YOUR EXPENSE, AGAINST ANY AND ALL THIRD PARTY CLAIMS OR DEMANDS, ACTIONS, PROCEEDINGS AND SUITS AND ALL RELATED LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND OTHER DISPUTE RESOLUTION EXPENSES) INCURRED BY ANY INDEMNIFIED PARTY, DUE TO OR ARISING OUT OF (A) YOUR VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT OR ANY APPLICABLE LAW, REGULATION, POLICY OR GUIDELINE, WHETHER OR NOT REFERENCED HEREIN, OR (B) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) YOUR USE OR MISUSE OF THE SOFTWARE, OR (D) DATA YOU SUBMIT, POST TO, TRANSMIT OR COMMUNICATE THROUGH THE SOFTWARE.
13. Third Party Software (a) When you install the Software, you will install software from third party software vendors ("Third Party Software"). Use of the Third Party Software will be governed by licenses or other arrangements between such vendors and yourself, including without limitation those software components noted in Section 14 below. (b) You should read carefully the agreements covering the Third Party Software. Each of these agreements can be accessed from the Software’s ”r;About” screen. By installing and using this Third Party Software you accept these Third Party Software licenses or other arrangements and acknowledge that you have read them and understand them. D Software does not sell, resell, or license any of this Third Party Software, and D Software disclaims to the maximum extent permitted by applicable law, any responsibility for or liability related to the Third Party Software. Any questions, complaints or claims related to the Third Party Software should be directed to the appropriate vendor. (c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, D SOFTWARE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE QUALITY, SAFETY OR SUITABILITY OF ANY THIRD PARTY SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. In no circumstances will we be liable for any indirect, incidental, special or consequential damages TO you or any third party (including without limitation, loss of data, loss of profits, COMPUTER FAILURE AND business interruption), arising out of the use of or inability to use ANY THIRD PARTY Software, even if we have been advised of such damages. Your only right or remedy with respect to any problems or dissatisfaction with ANY THIRD PARTY Software is to de-install and cease use of SUCH Software. (d) There are inherent dangers in the use of any software available for downloading on the Internet, and D Software cautions you to make sure that you completely understand the potential risks before agreeing to install any of the Third Party Software. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the Third Party Software, and D Software will not be liable for any damages that you may suffer in connection with using, modifying or distributing any of the Third Party Software.
14. Embedded Third Party Software 14.1 ACEGI. Used for authentication, authorization and security. http://www.acegisecurity.org. 14.2 ASM. Java Bytecode Manipulation Framework. http://asm.objectweb.org. 14.3 AspectJ. AspectJ is a seamless aspect-oriented extension to the Java programming language that enables clean modularization of crosscutting concerns. http://www.eclipse.org/aspectj. 14.4 Apache Commons. Apache framework support for basic Java functions. http://commons.apache.org. 14.5 EhCache. Java distributed cache. http://ehcache.sourceforge.net/ 14.6 Hibernate. Object/relational persistence and query service. http://www.hibernate.org/ 14.7 JavaMail. The JavaMail API provides a platform-independent and protocol-independent framework to build mail and messaging applications. https://glassfish.dev.java.net/javaee5/mail/ 14.8 JMock. jMock is a library that supports test-driven development1 of Java2 code with mock objects. http://www.jmock.org/ 14.9 JUnit. Unit is a regression testing framework. http://www.junit.org/index.htm 14.10 Log4J. Logging Framework. http://logging.apache.org/ 14.11 Jakarta ORO. The Jakarta-ORO Java classes are a set of text-processing Java classes. http://jakarta.apache.org/oro/ 14.12 OSCache. OSCache is a caching solution that includes a JSP tag library and set of classes to perform fine grained dynamic caching of JSP content, servlet responses or arbitrary objects. http://www.opensymphony.com/oscache/ 14.13 Spring and Spring Modules. J2EE Development Framework. http://www.springframework.org/ 14.14 URL Rewrite Filter. UrlRewriteFilter is a Java Web Filter for any J2EE compliant web application server (such as Resin, Orion or Tomcat), which allows you to rewrite URLs before they get to your code. http://tuckey.org/urlrewrite/ 14.15. Velocity. Velocity permits you to use a simple yet powerful template language to reference objects defined in Java code. http://velocity.apache.org/ 14.16. WebTest. Canoo WebTest is a free open source tool for automated testing of web applications. http://webtest.canoo.com/webtest/manual/WebTestHome.html 14.17. XFire. Codehaus XFire is a next-generation java SOAP framework. http://xfire.codehaus.org/ 14.18. JOTM. Java Open Transaction Manager. http://jotm.objectweb.org/ 14.19. JODA Time. Joda-Time provides a quality replacement for the Java date and time classes. http://joda-time.sourceforge.net/ 14.20. ANTLR. ANother Tool for Language Recognition, is a language tool that provides a framework for constructing recognizers, interpreters, compilers, and translators from grammatical descriptions containing actions. http://www.antlr.org/ 14.21. JSTL. Java Server Tag Library. http://jakarta.apache.org/taglibs/ 14.22. Apache Jackrabbit. JSR 170 Compliant Repository. http://jackrabbit.apache.org/ 14.23. Backport Util Concurrent. Backport of JSR 166 to Java 5.0. http://dcl.mathcs.emory.edu/util/backport-util-concurrent/ 14.24. Carol http. CAROL is a library allowing to use different RMI implementations. http://carol.objectweb.org/ 14.25. JUG http. Java UUID Generator. http://jug.safehaus.org/ 14.26. CGLIB http. Cglib is a powerful, high performance and quality Code Generation Library, It is used to extend JAVA classes and implements interfaces at runtime. http://cglib.sourceforge.net/ 14.27. Clickstream https. Clickstream is a small utility to show the current users on your site, and where they've been in detail. This allows you to track 'click streams' or 'traffic paths' across your site. http://clickstream.dev.java.net/ 14.28. Nekohtml. NekoHTML is a simple HTML scanner and tag balancer that enables application programmers to parse HTML documents and access the information using standard XML interfaces. http://people.apache.org/~andyc/neko/doc/html/ 14.29. ONGL. OGNL stands for Object-Graph Navigation Language; it is an expression language for getting and setting properties of Java objects. http://www.ognl.org/ 14.30. Eclipse http. Open development platform comprised of extensible frameworks, tools and runtimes for building, deploying and managing software across the lifecycle. Eclipse Public License. http://www.eclipse.org/ 14.31. Apache Derby http . Apache Derby, an Apache DB subproject, is an open source relational database implemented entirely in Java. http://db.apache.org/derby/ 14.32. Display Tag http. The display tag library is an open source suite of custom tags that provide high-level web presentation patterns which will work in an MVC model. http://displaytag.sourceforge.net/11/ 14.33. Dom4j. Dom4j is an easy to use, open source library for working with XML, XPath and XSLT on the Java platform using the Java Collections Framework and with full support for DOM, SAX and JAXP. http://dom4j.org 14.34. Geronimo. Server runtime framework that pulls together the best Open Source alternatives to create runtimes that meet the needs of developers and system administrators. http://geronimo.apache.org/ 14.35. HOWL. High-speed ObjectWeb Logger. http://howl.objectweb.org/ 14.36. iText. Text is a library that allows you to generate PDF files on the fly. http://www.lowagie.com/iText/ 14.37. Jakarta ORO. The Jakarta-ORO Java classes are a set of text-processing Java classes that provide Perl5 compatible regular expressions, AWK-like regular expressions, glob expressions, and utility classes for performing substitutions, splits, filtering filenames, etc. http://jakarta.apache.org/oro/ 14.38. PDFBox. PDFBox is an open source Java PDF library for working with PDF documents. http://www.pdfbox.org/ 14.39. Java Persistence. The Java Persistence API implementation at the GlassFish? community. http://glassfish.dev.java.net/javaee5/persistence/ 14.40. POI Apache. POI - Java API To Access Microsoft Format Files. http://poi.apache.org/ 14.41. SiteMesh. SiteMesh is a web-page layout and decoration framework and web- application integration framework. http://www.opensymphony.com/sitemesh/ 14.42. SLF4J. Simple Logging Facade for Java. http://www.sfl4j.org 14.43. Apache Struts. Apache Struts is a free open-source framework for creating Java web applications. http://struts.apache.org/ 14.44. Xerces. XML Java Parser. http://xerces.apache.org/ 14.45. MySql 5.0. Transactional DB. www.mysql.org 14.46. Apache Tomcat 5.5. Application Server/Servlet Container. http://tomcat.apache.org 14.47. Livecycle Data Services ES. Adobe FDS. http://www.adobe.com/products/flex/productinfo/faq/#livecycle_dsexpress 14.48. Inno Setup. Inno Setup is a free installer for Windows programs. http://www.jrsoftware.org/isinfo.php 14.49. SourceTap License Manager. License Manager. http://sourceforge.net/projects/licensemanager 14.50. Adobe Flex 2. Adobe RIA Platform: Adobe Flex License (Developer per seat license, NO production License). http://www.adobe.com/products/flex/productinfo/faq/#item-1
15. Government Restrictions (a) You acknowledge and agree that the Software is subject to United States export control laws and regulations, including, without limitation, the United States Export Administration Act and its associated regulations, and may additionally be subject to export or import regulations and restrictions by other countries. Accordingly, you agree to strictly comply with any and all applicable international and national import and export laws and regulations. You have no permission to export the Software and the documentation associated therewith without our prior written consent. (b) If the Software is acquired by or on behalf of the U.S. Federal government, any use, duplication or disclosure of the Software is subject to restrictions set forth in FAR 52.227 19 and DFAR 227.7200 227.7202 4, as applicable. The Software is ”r;commercial computer software” and is licensed with only ”r;Restricted Rights.”
16. General This end user license agreement is an agreement between you as user of the Software and D Software as owner of the Software. Whenever in this Agreement the terms ”r;we”, ”r;us” and ”r;our” are used, reference is made to D Software.
You acknowledge and agree that by clicking on the "I AGREE" button (or similar buttons or links as may be designated by us to show your acceptance of this Agreement and/or your agreement to download and install the Software), you are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Software. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
This Agreement constitutes the entire agreement between you and D Software, Inc. with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. We reserve the right to modify this Agreement at any time by providing such revised Agreement to you or by publishing the revised Agreement on the Website. Your continued use of the Software shall constitute your acceptance to be bound by the terms and conditions of the revised Agreement. If any clause of this Agreement is declared invalid, illegal or not enforceable, the clause concerned will be stricken, and the remainder of the Agreement will remain fully in force. Our failure to exercise any right hereunder shall not operate as a waiver of our rights to exercise such right or any other right in the future. We are allowed at our sole discretion to assign this Agreement or any rights hereunder without giving prior notice.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO D SOFTWARE, INC. THE RIGHTS SET FORTH HEREIN.
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