End User License Agreement (EULA) – Digital Care Solutions
Digital Care Solutions EULA: You must read this agreement before installing or using this software.
In this End User License Agreement (hereinafter, the “Agreement”), the term “Software” means this Digital Care software. This software application was created by and made available to you by Digital Care Solutions (hereinafter “Digital Care”). By installing or using the Software, you hereby agree to the following terms and conditions of this Agreement.
- Software License Agreement – This Agreement is a legally binding agreement between you and Digital Care. Subject to the terms and conditions of this Agreement, Digital Care grants to you a limited, non-exclusive, non-transferable license and right to use or evaluate the Software in accordance with the terms and conditions of this Agreement and any other written agreement between you and Digital Care. If you have purchased a license to use the Software, you do not have the right to sublicense any use of the Software. All rights to the Software remain with Digital Care. Digital Care does not transfer title of the Software to you. If you do not agree to the terms and conditions of this Agreement, you are required to immediately stop using this Software.
- Disclaimer/Warranty – THE SOFTWARE IS BEING PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT OR IN WRITING BY AN AUTHORIZED EMPLOYEE OF DIGITAL CARE, DIGITAL CARE MAKES NO REPRESENTATION OR WARRANTIES IN RESPECT OF THIS SOFTWARE AND EXPRESSLY EXCLUDES ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. DIGITAL CARE FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, OR THAT ANY ERRORS WILL BE FIXED.
- User Agreement
a) Evaluation Version -You may evaluate this Software without purchasing a license (the “Evaluation Version”). A license from Digital Care may need to be purchased in order for you to have access to all the features and functionality of the Software.
b) Free Trial use –In some cases, you may evaluate this Software without purchasing a license (the “Free Trial Version”) for a maximum number of days indicated and permitted by Digital Care, or you might have limited access to some of the features and functionality of the Software. After the free trial period has ended, you must purchase a license from Digital Care in order for the user to have access to all the features and functionality of the Software.
c) Activation – You may be required to activate the Software through the Internet. The Software contains technological measures to prevent unlicensed use of the Software. These measures will be used to confirm you have a valid license to use the Software. No personally identifiable information from your computer location or workstation will be collected during this process.
d) Distribution – Unless otherwise authorized herein, this Software, any accompanying documentation, and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for backup purposes only.
e) Distribution of Evaluation Version or Free Trial Version – The Evaluation Version or Free Trial Version can be freely distributed by you, but the following conditions must be followed:
i. Such distribution includes only the original Software supplied. You cannot alter, delete or add any files in the Software being distributed or modify the Software in any way.
ii. The limited evaluation nature of this Evaluation Version or Free Trial Version software is not misrepresented.
iii. No fee is required to be paid by the person who is receiving the Evaluation Version.
iv. You receive prior written confirmation from Digital Care that you are authorized to distribute the Evaluation Version or Free Trial Version. If the Evaluation Version or Free Trial Version is being distributed with other hardware, media or software, the prior written authorization of Digital Care is required, where such authorization may require you to agree to additional terms and conditions.
f) Use – Your license to use this Software is limited to the number of licenses purchased by you and for a limited number of days. Upon the expiration of your license, you will need to renew and purchase another license in order to continue to use all the features and functionality of the Software. You acknowledge and agree that you are solely responsible for any damage to your computer systems or devices, or any damage to or conflict with any third party software that has been installed on your computer systems or devices.
g) Use Restrictions – You shall use this Software in compliance with all applicable laws, rules, and regulations, and not for any unlawful purpose. Each licensed copy of this Software may be used on one single computer location or workstation, unless otherwise authorized herein or in the license being granted to you. “Use” of the Software means that you have loaded, installed, or run the Software on a computer or similar device. You may make one copy of the Software for backup purposes, providing you only have one copy installed on one computer location or workstation (or number of users covered in a multi-user license). Others may not use or install your licensed copy of the Software. It is a violation of this Agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of the licensed Software. Unless otherwise stated in the Software license, if any person other than yourself uses the Software registered in your name on another computer location or workstation, regardless of whether it is at the same time or different times, then this license agreement is being violated. You are responsible for that violation.
h) Copyright Restrictions – This Software contains material that is copyrighted, deemed as trade secrets and contains other proprietary materials of Digital Care. You are not allowed to, and shall not attempt (whether directly or indirectly) to, modify, reverse engineer, disassemble or decompile the Software. Nor are you permitted to create any derivative works or other works that are based upon or derived from the Software in whole or in part, unless otherwise authorized in writing by an authorized employee of Digital Care.
Digital Care’s name, logo and graphics files that represent the Software shall not be used in any way to promote products developed with our Software. Digital Care retains sole and exclusive ownership of all right, title and interest in and to the Software and all intellectual property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of the Software. No program, code, part, image, or text may be copied or used in any way by the user except as intended within the bounds of this Agreement. All rights not expressly granted hereunder are reserved for Digital Care.
You acknowledge that BitDefender has a substantial interest in the Software and that therefore is a third party beneficiary to this EULA.
You agree that no more than once annually your use of the Software may be audited by Digital Care or BitDefender (or/and an independent auditor working on such party’s behalf) during normal business hours upon reasonable advance written notice for the purpose of verifying your compliance with this EULA.
i) Indemnification & Limitation of Liability –
You will indemnify, hold harmless, and defend Digital Care, its employees, officers, directors, agents and distributors against any and all claims, proceedings, demands and costs resulting from or in any way connected with your use of the Software. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF NEGLIGENCE) WILL DIGITAL CARE, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR DISTRIBUTORS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR PECUNIARY LOSS), IN CONNECTION WITH OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SOFTWARE, OR THE USE OR INABILITY TO USE THE SOFTWARE OR THE FURNISHING, PERFORMANCE OR USE OF ANY OTHER MATTERS HEREUNDER WHETHER BASED UPON CONTRACT, TORT OR ANY OTHER THEORY INCLUDING NEGLIGENCE.
YOU ASSUME ALL FAULTS, AND THE ENTIRE RISK AS TO PERFORMANCE AND RESPONSIBILITY FOR SELECTING THE SOFTWARE, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. DIGITAL CARE DOES NOT MAKE ANY GUARANTEES THAT THE SOFTWARE WILL IDENTIFY ANY SPECIFIC MALWARE, SPYWARE, HIJACKER, TROJAN, VIRUS, WORM, SPAM, UNWANTED MESSAGES OR FILES, OR ANY OTHER ASSOCIATED PARASITE OR MALICIOUS FILE(S). DIGITAL CARE ALSO DOES NOT MAKE ANY GUARANTEES THAT ANY OR ALL PARASITES, MALICIOUS FILES, UNWANTED MESSAGES OR FILES WILL BE IDENTIFIED AND OR REMOVED BY THE SOFTWARE. ALSO THERE IS NO GUARANTEE THAT THIS SOFTWARE WILL STOP OR PREVENT MALICIOUS SOFTWARE FROM DOWNLOADING ONTO YOUR COMPUTER OR THAT ITS FIREWALL WILL STOP A CYBER-ATTACK. NOR DOES DIGITAL CARE MAKE ANY GUARANTEES THAT THIS SOFTWARE WILL IMPROVE THE SPEED OR PERFORMANCE OF YOUR COMPUTER. THERE IS NO GUARANTEE OR WARRANTY REGARDING THE COMPLETENESS OR ACCURACY OF THE SOFTWARE’S DATABASE OR PROTECTION MODULES.
You acknowledge that your access and use of the Software and any services associated with the Software may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of the Software and/or any related services for any reason, including without limitation, as a result of power outages, system failures or other interruptions. Digital Care is entitled, without any liability, to suspend or limit your access to the Software, the Software database, or any Software protection modules at any time: a) for scheduled downtime to allow for maintenance or modification; b) in the event of an attack or any other event that Digital Care determines, at its sole discretion, is a risk to you or other users, or c) in the event Digital Care determines that such interruption is necessary or advisable for legal or regulatory reasons. Under no circumstance shall Digital Care be liable for any losses (including data or profit loss, loss of business, or loss of use), damage, or any other consequences that you might occur as a result of such interruption.
If you purchased the Software through a reseller, distributor, retailer, or any other third party, you need to request a refund directly from such parties. The Software is not intended for and Digital Care disclaims any and all liabilities with respect to your use of the Software in the operation of communication systems, aircraft navigation, air traffic control systems, nuclear facilities, life support machines or other equipment where the failure of the Software could lead to personal injury, death or severe physical or environmental damage.
j) Governing Law – This Agreement and all claims related to it, or the performance by both parties under it, shall be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable therein except any principles regarding conflicts of law rules and the United Nations Convention on Contracts for the International Sale of Goods. You hereby irrevocably attorn and submit to the exclusive jurisdiction of the courts of British Columbia, and any competent Courts of Appeal therefrom and irrevocably waive any defense of personal and/or subject matter jurisdiction in those courts or any claim on the grounds of forum non conveniens. If any provision of this Agreement shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any other provisions.
k) Termination – Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of the license granted to you to use the Software. Upon termination of the license granted herein for any reason, you agree to immediately cease use of the Software and destroy all copies of the Software supplied under this Agreement. The financial obligations incurred by you (if any) shall survive the expiration or termination of your license.
- Software Verification and Updates – You acknowledge and agree that by installing and using the Software, Digital Care may automatically check the version and licensing state of the Software that you are utilizing in order to determine if Software updates, upgrades, or fixes are available, and/or to verify your license to use the Software. If updates, upgrades or fixes are available for the Software, you will be prompted to either accept or decline the applicable download. It is strongly recommended that you install the available updates, upgrades or fixes to the Software that are provided by Digital Care in order to achieve the maximum benefits of the Software.
- Third Party Software – All third party software products, trademarks, and company names used and displayed in the Software are the intellectual property rights of the respective owners. Furthermore, when using a third party’s software product(s) as identified and recommended through this Software, you will be bound to that third party’s own terms and conditions and legal agreements. All third party content, software product names, and company names used in the Software are for identification purposes only and may be the copyright and trademark of their respective owners. Digital Care is in no way affiliated with nor does Digital Care represent or endorse any of the companies identified and displayed in this Software.