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Double Your Yield™ LLC License Agreement for Non-Warranted Programs
Part 1 - General Terms
BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING PROGRAM(S) YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS,
• DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE PROGRAM(S);
• IF YOU ACQUIRED THE PROGRAM(S) AND PAID A LICENSE FEE, PROMPTLY RETURN THE PROGRAM(S) AND PROOF OF ENTITLEMENT TO THE PARTY FROM WHOM YOU ACQUIRED IT TO OBTAIN A REFUND OF THE AMOUNT YOU PAID.
Terminology
• "DYY" is Double Your Yield™™ LLC or one of its subsidiaries.
• "You" and "Your" refer either to an individual person or to a single legal entity.
• "Program" is the following, including the original and all whole or partial copies:
1) machine-readable instructions (software) and data, 2) components, 3) audio-visual content (such as images, text, recordings, or pictures), 4) related licensed materials, and 5) license use documents or keys, and documentation. For the purposes of this Agreement, Program means both singular and plural when the Agreement is provided with more than one Program.
• A "Proof of Entitlement" ("PoE") is evidence of your authorization to use a Program at a specified level. That level may be measured, for example, by the users. The PoE is also evidence of your eligibility for future upgrade prices, if any, and potential special or promotional opportunities. If DYY does not provide You with a PoE, then DYY may accept the original paid sales receipt or other sales record from the party (either DYY or its reseller) from whom You acquired the Program, provided that it specifies the name of the Program and the usage level acquired.
This Agreement is the complete agreement between you and DYY regarding the use of the Program. It replaces any prior oral or written communications between you and DYY concerning your use of the Program.
1. Entitlement
License
The Program is owned by DYY or a DYY supplier, and is copyrighted and licensed, not sold.
DYY grants you a nonexclusive license to use the Program when you lawfully acquire it.
You may 1) use the Program up to the level of use specified in the PoE and 2) make and install copies, including a backup copy, to support such use. The terms of this license apply to each copy you make. You will reproduce all copyright notices and all other legends of ownership on each copy, or partial copy, of the Program.
If you acquire the Program as a program upgrade, after you install the upgrade you may not use the Program from which you upgraded or transfer it to another party.
You will ensure that anyone who uses the Program (accessed either locally or remotely) does so only for your authorized use and complies with the terms of this Agreement.
You may not 1) use, copy, modify, or distribute the Program except as provided in this Agreement; 2) reverse assemble, reverse compile, or otherwise translate the Program except as specifically permitted by law without the possibility of contractual waiver; or 3) sublicense, rent, or lease the Program.
DYY may terminate your license if You fail to comply with the terms of this Agreement. If DYY does so, you must destroy all copies of the Program and its PoE.
2. Charges.
The amount payable for a Program license is a one-time charge. One-time charges are based on the level of use acquired which is specified in the PoE. DYY does not give credits or refunds for charges already due or paid. If you wish to increase the level of use, notify DYY or the party from whom you acquired it and pay any applicable charges.
In the event that a new release of the program is generated, while we may, at our election, distribute the new program at no additional cost, we reserve the right to charge a new one-time charge for any such new, improved release of the program.
If any authority imposes a duty, tax, levy or fee, excluding those based on DYY’s net income, upon the Program, then you agree to pay the amount specified or supply exemption documentation. You are responsible for any personal property taxes for the Program from the date that you acquire it.
3. No Warranty
SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, DYY MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, REGARDING THE PROGRAM OR TECHNICAL SUPPORT, IF ANY.
The exclusion also applies to any of DYY's Program developers and suppliers.
Manufacturers, suppliers, or publishers of non-DYY Programs may provide their own warranties.
DYY does not provide technical support, unless DYY specifies otherwise.
4. Limitation of Liability
Circumstances may arise where, because of a default on DYY’s part or other liability, you are entitled to recover damages from DYY. In each such instance, regardless of the basis on which you may be entitled to claim damages from DYY, (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), DYY is liable for no more than the amount of actual direct damages up to the amount that you have paid for the Program that is the subject of the claim.
This limitation of liability also applies to DYY's Program developers and suppliers. It is the maximum for which they and DYY are collectively responsible.
UNDER NO CIRCUMSTANCES IS DYY, ITS PROGRAM DEVELOPERS OR SUPPLIERS LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY:
1. LOSS OF, OR DAMAGE TO, DATA;
2. SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; OR
3. LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
5. General
1. Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
2. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement remain in full force and effect.
3. You agree to comply with all applicable export and import laws and regulations.
4. You agree to allow DYY to store and use Your contact information, including names, phone numbers, and e-mail addresses, anywhere they do business. Such information will be processed and used in connection with our business relationship, and may be provided to contractors, Business Partners, and assignees of DYY for uses consistent with their collective business activities, including communicating with You (for example, for processing orders, for promotions, and for market research). 5. Neither You nor DYY will bring a legal action under this Agreement more than two years after the cause of action arose unless otherwise provided by local law without the possibility of contractual waiver or limitation.
6. Neither You nor DYY is responsible for failure to fulfill any obligations due to causes beyond its control.
7. This Agreement will not create any right or cause of action for any third party, nor will DYY be responsible for any third party claims against You except, as permitted by the Limitation of Liability section above, for bodily injury (including death) or damage to real or tangible personal property for which DYY is legally liable.
6. Governing Law, Jurisdiction, and Arbitration
Governing Law
Both You and DYY consent to the application of the laws of the State of California to govern, interpret, and enforce all of Your and DYY’s rights, duties, and obligations arising from, or relating in any manner to, the subject matter of this Agreement, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Jurisdiction
All of our rights, duties, and obligations are subject to the courts of the State of California.
7. Program Specifications
The Program's specifications and specified operating environment information may be found in documentation accompanying the Program, if available, such as a read-me file, or otherwise published by DYY, such as in an announcement letter.
8. Proof of Entitlement
Please maintain your original dated receipt as your Proof of Entitlement to use the Program. For Programs preinstalled on, included with, or distributed at no charge for use on a DYY system, your PC invoice is your Proof of Entitlement.
9. Third Party Code
The Program and future updates and fixes to the Program may contain certain third party components which are provided to you under terms and conditions which are different from this Agreement, or which require DYY or third parties that provide DYY products ("Third Parties") to provide you with certain notices and/or information. For each such third party component, either DYY or Third Parties will identify such third party component in a "README" file (or in an updated "README" file accompanying the fix or update), or in a file or files referenced in such "README" files (and shall include any associated license agreement, notices and other related information therein), or the third party component will contain or be accompanied by its own license agreement (for example, provided when installing or starting such component, or accompanying such component in a file entitled "README", "COPYING", "LICENSE" or a substantially similar title, or included among the Program's paper documentation, if any). Your use of each third party component which contains or is accompanied by its own license agreement, or for which DYY or Third Parties have identified a license agreement in one of the above "README" files (or in a file or files referenced therein), will be subject to the terms and conditions of such other license agreement, and not this Agreement. By using or not uninstalling such third party components after the initial installation of such third party components (thereby giving you access to the applicable license agreements, notices and information), you acknowledge and agree to all such license agreements, notices and information, including those provided only in the English language. You agree to review any updated "README" files which accompany updates and fixes to the Program.
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