This copy of Datum Cafe Exclusive Content Libraries (“the Digital Subscription Service”) and accompanying documentation is licensed and not sold. This Digital Subscription Service is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Datum Cafe or its subsidiaries, affiliates, and suppliers (collectively “Datum Cafe”) own intellectual property rights in the Digital Subscription Service. The Licensee’s (“you” or “your”) license to download, use, copy, or change the Digital Subscription Service is subject to these rights and to all the terms and conditions of this End User License Agreement (“Agreement”).
Acceptance
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE “ACCEPT” OPTION AND SUBSCRIBING TO THE DIGITAL SUBSCRIPTION SERVICE. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO SUBSCRIBE TO THE DIGITAL SUBSCRIPTION SERVICE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT “DECLINE” AND YOU MUST NOT SUBSCRIBE TO THE DIGITAL SUBSCRIPTION SERVICE.
License Grant
The Company grants you a non-exclusive, non-transferable license to use the Software in accordance with the terms of this Agreement.
You are permitted to retain a single copy of any assets obtained through the purchase of the digital subscription service.
Restrictions on Transfer
Without first obtaining the express written consent of Datum Cafe, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Digital Subscription Service.
Restrictions on Use
You may not use, copy, or install the Assets obtained through the purchase of the Digital Subscription Service on any system with more than one computer, or permit the use, copying, or installation of Assets obtained through the purchase of the Digital Subscription Service by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Assets obtained through the purchase of the Digital Subscription Service on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.
You may not decompile, “reverse-engineer”, disassemble, the assets obtained from the Digital Subscription Service.
Restrictions on Alteration
You may not modify the Digital Subscription Service or create any derivative work of the Digital Subscription Service or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Digital Subscription Service. You may not reproduce the database portion or create any tables or reports relating to the database portion.
Restrictions on Copying
You may not copy any part of the Digital Subscription Service except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY DATUM CAFE, DATUM CAFE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE DIGITAL SUBSCRIPTION SERVICE.
Datum Cafe makes no warranty that the Digital Subscription Service will meet your requirements or operate under your specific conditions of use. Datum Cafe makes no warranty that operation of the Digital Subscription Service will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE DIGITAL SUBSCRIPTION SERVICE SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE DIGITAL SUBSCRIPTION SERVICE TO MEET YOUR REQUIREMENTS. DATUM CAFE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL DATUM CAFE, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE DIGITAL SUBSCRIPTION SERVICE, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF DATUM CAFE OR ANY OTHER PARTY, EVEN IF DATUM CAFE IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS DATUM CAFE’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is termination of your subscription at the end of the current subscription cycle which is billed annually.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by Datum Cafe to have been caused by you. All limited warranties on the Digital Subscription Service are granted only to you and are non-transferable. You agree to indemnify and hold Datum Cafe harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Oregon, without regard to Oregon’s conflict or choice of law provisions.
Severability
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.