SOFTWARE LICENSE AGREEMENT

  1. BETWEEN
    1. Digital Jetty (the "Company") and you.
  2. THE SERVICES
    1. The Company wishes to license computer software to you and you desires to purchase the software license under the terms and conditions stated below.
  3. LICENSE
    1. Under this Agreement, upon the full payment for a selected license the Company grants to you a non-exclusive and non-transferable license (the "License") to use RapDv (the "Software").
    2. "Software" includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product.
    3. Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Company. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software.
    4. The rights and obligations of this Agreement are personal rights granted to you only. You may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. You may not make available the Software for use by one or more third parties.
    5. The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.
    6. Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.
  4. LICENSE FEE
    1. The license fee for this Agreement is specified on the pricing page.
  5. LIMITATION OF LIABILITY
    1. The Software is provided "as is", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringement.
    2. In no event shall the authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the Software or the use or other dealings in the Software. The Company will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by you arising out of the use or failure to use the Software.
    3. The Company does not warrant that use of the Software will be uninterrupted or error-free. You accept that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.
  6. WARRANTS AND REPRESENTATIONS
    1. The Company warrants and represents that it is the copyright holder of the Software. The Company warrants and represents that granting the license to use this Software is not in violation of any other agreement, copyright or applicable statute.
  7. TERM
    1. The term of this Agreement will begin on Acceptance and is perpetual.
  8. TERMINATION
    1. This Agreement will be terminated and the License forfeited where you has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, you will promptly destroy the Software or return the Software to the Company.
  9. FORCE MAJEURE
    1. The Company will be free of liability to you where the Company is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Company has taken any and all appropriate action to mitigate such an event.
  10. MISCELLANEOUS
    1. This Agreement can be modified by the Company from time to time.
    2. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
    3. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Company's successors and assigns.
  11. Last update: 22 Aug 2022