This web site is owned and operated by Delta Software International, LLC (” DSI “) and is provided to you under the following Terms and Conditions (” Terms “). The Terms constitute the entire agreement between you and DSI relating to use of DSI’s web site and services provided by DSI. By using DSI’s web site, you acknowledge having read and accepted the Terms and agree to be bound by all of the provisions of the Terms.
DSI’s drawpro.com is a web site and online service dedicated to software offered by DSI (the ” Service “). Certain portions of the Service are only provided to subscribers. You may become a subscriber to DSI’s monthly newsletter by registering on DSI’s web site.
Modification of the Terms and Conditions of Service
DSI reserves the right to modify the Terms from time to time. Modifications will be effective when they are posted on DSI’s web site. You are responsible for reviewing these Terms regularly. Your continued use of the Service constitutes acceptance of the modified Terms. DSI reserves the right to modify or discontinue the Service with or without notice.
You must be at least sixteen (16) years of age to register for and use the Service. By registering for or using the Service, you warrant that you are above the age of sixteen (16). It is the responsibility of parents or legal guardians of children between the ages of sixteen (16) and eighteen (18) to monitor a minor’s use of the Service.
Ownership; Restrictions on Use of Materials
The content included in DSI’s web site and provided through the Service, including, but not limited to, text, graphics or code, is owned by or licensed to DSI. You may download, view, and print text and graphics from DSI’s web site, provided that such content is only used for informational, non-commercial purposes, and is not modified or altered in any way. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information or content from the Service or DSI’s web site, in whole or in part, without the prior written permission of DSI.
Software End User License Agreement
Any software downloaded in connection with the Service or otherwise purchased from DSI shall be subject to DSI’s End User License Agreement. Prior to downloading or purchasing DSI’s software, you should thoroughly review the End User License Agreement, which sets forth limitations and obligations relating to your use of the software. By purchasing, downloading or using DSI’s software, you acknowledge having read and accepted the terms and conditions of DSI’s End User License Agreement and agree to be bound by all of the provisions of such Agreement.
Your right to use the Service is personal to you, and sales of the Service to any third party without the express written consent of DSI is denied.
You agree not to transmit, display or otherwise disseminate through the Service any unlawful, infringing, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit, display or otherwise disseminate through the Service any material or information that encourages conduct that could constitute a criminal offense, give rise to civil claims of liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are strictly prohibited.
You shall not interfere with another individuals or entity’s use and enjoyment of the Service.
Your use of the Service is subject to all applicable local, state, national and international laws and regulations. You agree: (i) to comply with all such applicable laws and regulations, including but not limited to, United States law regarding the transmission of technical data exported from the United States; (ii) not to use the Service for illegal purposes; (iii) not to interfere or disrupt networks connected to DSI’s web site; and (iv) to comply with all regulations, policies and procedures of networks connected to DSI’s web site.
DSI may, at its sole discretion, and without notice, immediately terminate the Service should it reasonably believe that your conduct or use of the Service fails to conform with any of the Terms.
No Responsibility or Liability for Content
As part of the Service, DSI may offer access to other media, commerce and informational services. You acknowledge that DSI is not obligated to preview, screen or monitor any information, data, text, software, messages or other materials of third parties (” Content “) transmitted or accessed through the Service. DSI does not guarantee the accuracy, integrity, quality or appropriateness of such Content. UNDER NO CIRCUMSTANCES WILL DSI BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR IN CONNECTION WITH ANY CONTENT ACCESSED, POSTED OR OTHERWISE TRANSMITTED VIA THE SERVICE. You accept sole responsibility to evaluate the accuracy, completeness, usefulness or appropriateness of any Content accessed, posted, or otherwise transmitted through the Service.
The Service may provide you with opportunities to transfer, be transferred or link to, third party providers of services, products, advertisements or Content (” Service Providers “) that may be accessible through and operate with the Service. You agree that DSI is not responsible for the accessibility or unavailability of Service Providers or for any interaction and dealings with them. DSI does not endorse and is not responsible or liable for any Content, advertising, products or services available or unavailable from, or through, such Service Providers. You further agree that if you use or rely on such Content, advertisement, products or services on, available or unavailable from, or through any such Service Provider, DSI IS NOT RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH SUCH USE OR RELIANCE. Your dealings with, or participation in promotions of Service Providers, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Service Providers and do not involve DSI.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS DONE SO AT YOUR SOLE RISK.
DSI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO ANY OF THE SERVICES, INFORMATION, CONTENT OR OTHER MATERIALS OBTAINED, PROVIDED OR MADE AVAILABLE THROUGH THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT SHALL DSI BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, RESULTING FROM: (i) THE USE OF OR INABILITY TO USE THE SERVICE; (ii) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION, DATA, COMMUNICATIONS OR MESSAGES; (iii) STATEMENTS BY, CONDUCT OF OR CONTENT FROM ANY SERVICE PROVIDERS OR OTHER THIRD PARTY IN CONNECTION WITH THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE, EVEN IF DSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS.
You shall indemnify, defend and hold DSI, its parents, subsidiaries, officers, directors, employees, agents, other service providers, vendors and customers, harmless from and against any claims, suits or other proceedings and any and all damages, losses, liabilities and costs, including attorneys’ fees, arising out of your (i) use of the Service, (ii) violation of the Terms, (iii) alleged infringement of any patent, copyright or other intellectual property right or (iv) alleged violation of any other claimed right of any party. DSI may, at its sole discretion, assume the exclusive defense and control of any matter subject to this indemnification. The assumption of such defense or control by DSI, however, shall not be construed as DSI’s assumption of any liability or responsibility in relation to such matter and shall not excuse you of any of your indemnity obligations.
Governing Law and Arbitration
You agree that any dispute, claim or cause of action related to or arising out of the Terms or Service, whether in an action for or arising out of breach of contract, tort, or otherwise, will be governed by the laws of the United States of America and of the State of Oklahoma, without regard to choice of law principles. You agree to submit any dispute, claim or cause of action with DSI, whether in an action for or arising out of breach of contract, tort, or otherwise, exclusively to final and binding arbitration in Tulsa County, Oklahoma. Such arbitration proceedings shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association. You agree that any arbitrator shall not have authority to award consequential or punitive damages against DSI. You agree to be bound by any ruling in such arbitration proceeding and that such ruling shall be enforceable in any court of competent jurisdiction. The failure of DSI to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision in the future.
You agree that any claim or cause of action arising out of or related to the Terms or Service must be commenced within one (1) year after the claim or cause of action arose; otherwise, such claim or cause of action is permanently barred. You acknowledge and understand that the purpose of the preceding sentence is to shorten the period within which you would otherwise have to raise such claim or cause of action under applicable laws.
If any portion of the Terms is found by an arbitrator or a court of competent jurisdiction to be invalid, illegal or unenforceable, the arbitrator or court should nevertheless give effect to the remaining provisions and portions so as to give effect to the intentions of the parties expressed herein, insofar as that is possible.
No Assignment by You
Neither the Terms nor any rights or obligations hereunder may be assigned by you.
DrawPro™ and Draw Pro™ is a registered trademark of Delta Software International, LLC, all rights reserved.
SOFTWARE REFUND NOTICE
Questions about refunds and requests for refunds may only be submitted by e-mail to our customer service at firstname.lastname@example.org. If you request a refund, please include a brief explanation of why you wish to cancel your order.
SOFTWARE PURCHASES MADE BY DIGITAL DOWNLOAD ARE COMPLETELY NON-REFUNDABLE.
SOFTWARE PRODUCTS WHICH REQUIRE PHYSICAL SHIPMENT AND HAVE BEEN SHIPPED TO YOU AND HAVE BEEN OPENED ARE COMPLETELY NON-REFUNDABLE.
Software products which require physical shipment and have been shipped to you but are subsequently approved by the publisher for a refund will be charged a 30% restocking fee. Under no circumstance is the restocking fee refundable.
Refunds of any type must be approved by the software publisher. Upon receipt of your refund request, we will forward your request to the software publisher who will then authorize or decline the refund within ten (10) business days. You will be notified by e-mail as to whether or not the software publisher authorizes the refund.
If the software publisher approves your refund request, you must return all of the software product physically delivered to you. Returns must be sent to: Delta Software International, LLC • 4530 W. Madison Place • Broken Arrow, OK 74012. Additionally, you must delete the software from any and all computers on which it was installed, and you must delete or destroy all other copies of the refunded software in every form. The approved refund will be processed within thirty (30) business days after our receipt of the returned product.
Software Piracy and Copyright Infringement
Computer software is protected by United States copyright laws (U.S. Code Titles 17 and 18). When purchasing software, you do not become the owner of the software or its copyright. Instead, you purchase a license to use the software solely as permitted by the software’s end user license agreement. If you copy, distribute or install the software in ways not permitted by the license agreement (regardless of whether you are doing so for sale, free distribution, or personal use), you are committing copyright infringement and breaking the law. Such actions potentially expose you to serious civil liabilities and/or criminal prosecution.
If you commit copyright infringement or place any type of stop payment, the copyright owner may file a lawsuit to stop you from using the software and can also request monetary damages. Monetary damages may include statutory damages, which can be as much as $150,000 for each program copied. The government can also criminally prosecute you for copyright infringement. If convicted, you can be fined up to $250,000 and/or sentenced to jail for up to five (5) years.
Collection of Personal Information
We collect personal information when you subscribe to our services provided at this site and when you purchase software on this site. At these times, we ask for information such as your name, mailing address, telephone number and e-mail address.
We do not collect personal information from you unless you provide it to us voluntarily and knowingly. We currently do not receive or record information on our server logs from your browser, such as your IP address or cookie information.
We do not rent, sell, or share personal information about you with other people or nonaffiliated companies, except to provide products or services you have requested, or under the following circumstances:
- When we respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
- When we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms and Conditions of Use, or as otherwise required by law or legal order or process.
Terms and Conditions of Use
If you have any questions, contact us via e-mail email@example.com or fax us at (918) 615-6408.
END USER LICENSE AGREEMENT FOR DELTA SOFTWARE INTERNATIONAL, LLC (“DSI”) SOFTWARE
BY DOWNLOADING, INSTALLING OR USING DSI’S DrawPro™ DRAFTING SOFTWARE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT.
This End User License Agreement (this “Agreement”) is a contract between you (either an individual or a single entity) and DSI for the DrawPro™ drafting software and any related explanatory materials for the software, including any updates or upgrades thereto (the “Software”).
By downloading, installing or using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you have no right to use the Software.
1. Software License
Subject to all of the terms and conditions of this Agreement, DSI grants you a non-exclusive, non-transferable license to use the Software. Software with restricted capabilities may be provided by DSI free of charge, but DSI grants only a temporary license to use such restricted Software for evaluation purposes only, subject to the terms and conditions of this Agreement.
The Software is licensed, not sold, and remains the property of DSI. You obtain no rights in the Software other than those granted under this Agreement.
2. License Restrictions
A. Copies. You may install and use one copy of the Software on a single computer. The Software may not be shared or used concurrently on different computers. After installation of one copy of the Software as permitted by this Agreement, you may keep the original Software media for backup or archival purposes only. If the original Software media is required to use the Software on your computer, you may make one copy of the Software solely for backup or archival purposes. Except as expressly provided in this Agreement, you may not otherwise make copies of the Software.
B. Modifications; Reverse Engineering. You shall not have the right to modify, enhance or adapt the Software. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the Software’s source code, except and only to the extent that such activity is expressly permitted by applicable law, notwithstanding this limitation.
C. Software Transfer. You may not rent, lease, license, assign or otherwise transfer the Software or your rights under this Agreement to another party without the prior written consent of DSI.
All title and copyrights in and to the Software and any copies of the Software are owned by DSI or its licensors. The Software is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material. You may not remove any copyright, trademark, or other proprietary or license notice from the Software.
Without prejudice to any other rights DSI may have, the license granted under this Agreement will automatically terminate if you fail to comply with the terms and conditions of this Agreement. In such event, you must immediately cease use of and destroy all copies of the Software.
A. Limited Warranty for Purchased Software. If you purchased the Software, DSI warrants that the Software will perform substantially in conformance with its documentation for a period of five (5) days from the date of delivery of the Software (“Warranty Period”). You bear the entire risk arising out of use or performance of Software provided free of charge and/or purchased software.
B. No Warranty for Evaluation Software. Restricted Software provided free of charge is provided for evaluation purposes only on an “AS IS” basis, without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement of third party rights. You bear the entire risk arising out of use or performance of Software provided free of charge and/or purchased software.
C. Warranty Limitation. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, DSI DISCLAIMS ANY AND ALL PROMISES, WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, INCLUDING ITS CONDITION, ITS CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, ITS NONINFRINGEMENT WITH THIRD PARTY RIGHTS AND ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states or jurisdictions do not allow the exclusion or limitation of implied warranties; therefore, the above limitation might not apply to you.
D. Correction of Defects. As your exclusive remedy for any nonconformity or defect in the Software for which DSI is responsible, DSI shall attempt, through reasonable efforts, to correct, or cure such nonconformity or defect. However, DSI shall not be obligated to correct, cure or otherwise remedy any nonconformity or defect in the Software if you have made any changes whatsoever to the Software, if the Software has been misused or damaged in any respect, or if you have not reported to DSI the existence and nature of such nonconformity or defect within the Warranty Period.
6. No Liability for Consequential Damages
IN NO EVENT SHALL DSI BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF DSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, DSI’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE SOFTWARE. THESE LIMITATIONS APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. Some states or jurisdictions do not allow the exclusion or limitation of liability; therefore, the above limitations might not apply to you.
7. U.S. Government Restricted Rights
The Software is a commercial computer software program developed exclusively at private expense. Use, duplication, and disclosure by civilian agencies of the U.S. Government shall be in accordance with FAR 52.227-19 (c) or other agency data rights provisions, as may be applicable. Use, duplication and disclosure by DOD agencies is subject solely to the terms of this standard software Agreement, as stated in DFARS 227.7202. Contractor/Manufacturer is Delta Software International, LLC, 4530 W. Madison Place, Broken Arrow, OK 74012.
8. Export Laws
With regard to any use of the Software outside of the United States, you agree that you will at all times act in conformance with all export laws, regulations and decrees of the U.S. Government and any agency thereof, including, without limitation, the International Traffic In Arms Regulations and Department of Commerce licensing regulations. You agree that you will not export or re-export the Software to any country, person, entity or end user subject to U.S. export restrictions. 9. Governing Law
You agree that any dispute, claim or cause of action related to or arising out of this Agreement, whether in an action for or arising out of breach of contract, tort, or otherwise, will be governed by the laws of the United States of America and of the State of Oklahoma, without regard to choice of law principles. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts located in the state courts and Federal courts located in Tulsa County, Oklahoma, U.S.A., and you hereby consent to such jurisdiction and venue.
If any portion of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, the court should nevertheless give effect to the remaining provisions and portions so as to give effect to the intentions of the parties expressed herein, insofar as that is possible.
DrawPro and Draw Pro™ are registered trademarks of Delta Software International, LLC, all rights reserved.
Draw Pro ® Drawing Software © 2002-2014 Delta Software International™