TERMS OF SERVICE
THIS LICENSE AGREEMENT (HEREINAFTER AGREEMENT) IS AN AGREEMENT BETWEEN YOU (THE PERSON OR COMPANY WHO IS BEING LICENSED TO USE THE SOFTWARE OR DOCUMENTATION) AND DECIMAL, INC (HEREINAFTER REFERRED TO AS ‘WE’, ‘US’, ‘OUR’). THE AGREEMENT APPLIES TO ALL PRODUCTS, SOFTWARE, SCRIPTS OR SERVICES YOU USE WHICH ARE OWNED BY US INCLUDING BUT NOT LIMITED TO THE DECIMAL ALGORITHM, THE DECIMAL DATEPICKER, THE DECIMAL PURCHASE RATE BOOSTER AND DECIMAL APPLICATIONS FOR SHOPIFY, MAGENTO AND OTHER PLATFORMS.
1. By using the Software you acknowledge that you have read this Agreement, and that you agree to the content of the Agreement and its terms, and agree to use the Software in compliance with this Agreement.
2. The Agreement comes into force when you voluntarily agree to use our Software and our programming and integration services.
3. We are the copyright holder of the Software. The Software or a portion of it is a copyrightable matter and is liable to protection by the law. Any activity that infringes terms of this Agreement which violates copyright law will be prosecuted according to the current law. We reserve the right to revoke the license of any user who is holding an invalid license.
4. This Agreement gives you the right to use the Software solely for your own personal or business use, subject to all other terms of this Agreement. Any distribution of the Software without our consent, including noncommercial distribution is regarded as violation of this Agreement.
5. You may not use any part of the code in whole or part in any other software or product or website without our explicit written permission.
6. You may not give, sell, distribute, sub-license, rent, lease or lend any portion of the Software or Documentation to anyone. You may not place the Software on a server so that it is accessible via a public network such as the Internet for distribution purposes.
7. You are bound to preserve the copyright information intact.
8. We reserve the right to publish a selected list of users of our Software.
9. We will not be liable to you for any damages (including any loss of profits/saving, or incidental or consequential) caused to you, your information and your business arising out of the use or inability to use this Software. Any advance or fees paid towards programming, integration and related services is nonrefundable once work begins.
10. We are not liable for prosecution arising from use of the Software against law or for any illegal use.
11. If you fail to use the Software in accordance with the terms and conditions of this License Agreement, it constitutes a breach of the agreement, and your license to use the program is revoked.
12. We reserve the right to change this license agreement at any time and impose its clauses at any given time.
13. License agreement remains effective until terminated. We retain the right to terminate your license to use the Software at any time, if in its sole discretion, you are not abiding by the terms of the Agreement, including, but not limited to, obscuring or removing any link or copyright notice as specified in this agreement. You may terminate it at any time by destroying all copies of the Software. Termination of this Agreement does not bind us to return you the amount spent for purchase of the Software.
14. If you continue to use the Software we give you notice of termination of your license, you hereby agree to accept an injunction to enjoin you from its further use and to pay all costs (including but not limited to reasonable attorney fees) to enforce our revocation of your license and any damages suffered by us because of your misuse of the Software.
15. We will use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by us or by third-party providers, or because of other causes beyond our reasonable control, but we shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. However, we do not warrant that the Services will be uninterrupted or error free; nor do we make any warranty as to the results that may be obtained from use of the Services. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
16. California law shall apply. Disputes will first be attempted to be resolved via arbitration under the auspices of American Arbitration Association’s offices at or closest to Santa Ana in Orange County, CA.