This Digital Product License Agreement (“Agreement”) is between you You and Dgtally, effective 21st of January 2020.
WHEREAS, Licensor is the exclusive owner of various digital products as described and detailed below (the “Digital Products”), and
WHEREAS, Licensee desires to obtain a personal, non-exclusive license to use the Digital Products in accordance with the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:
DEFINITIONS
(a) “Digital Products” shall refer to the software, media, or any other digital content specified in the invoice or order form provided to the Licensee.
(b) “Personal Use” shall mean the Licensee’s right to use the Digital Products solely for their individual, non-commercial purposes and not for any business, commercial, or public use unless expressly indicated otherwise by the Vendor for commercial use.
GRANT OF LICENSE
(a) Licensor hereby grants Licensee a non-exclusive, non-transferable license to use the Digital Products for Personal Use only, subject to the terms and conditions of this Agreement.
(b) The license granted herein does not permit Licensee to sublicense, distribute, modify, adapt, reverse engineer, decompile, or otherwise exploit the Digital Products in any manner, except as expressly permitted by the Vendor for commercial use.
(c) Licensee shall not use the Digital Products in any way that violates applicable laws or infringes upon any intellectual property rights.
INTELLECTUAL PROPERTY
(a) Licensor retains all rights, title, and interest in and to the Digital Products, including all copyrights, trademarks, and other intellectual property rights related to the Digital Products.
(b) Licensee acknowledges that this Agreement does not grant them any ownership rights to the Digital Products, except for the limited license explicitly provided herein.
WARRANTY DISCLAIMER
(a) The Digital Products are provided “as is,” without any warranties or guarantees, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
(b) Licensor does not warrant that the Digital Products will be error-free, uninterrupted, or free of viruses or other harmful components.
LIMITATION OF LIABILITY
(a) In no event shall Licensor be liable to Licensee for any indirect, special, consequential, or punitive damages arising out of or in connection with this Agreement or the use of the Digital Products.
(b) Licensor’s total liability to Licensee, whether in contract, tort, or otherwise, shall not exceed the amount paid by Licensee for the Digital Products.
COMMERCIAL USE BY VENDOR
(a) In the event the Vendor indicates that certain Digital Products are available for commercial use, Licensee may use such Digital Products for commercial purposes subject to any additional terms and conditions set forth by the Vendor.
TERMINATION
(a) This Agreement shall remain in effect until terminated by either party.
(b) Licensor may terminate this Agreement immediately if Licensee breaches any of its terms and conditions.
(c) Upon termination, Licensee shall cease all use of the Digital Products and destroy any copies of the Digital Products in their possession or control.
GENERAL
(a) This Agreement constitutes the entire understanding between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, whether oral or written.
(b) This Agreement shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflicts of laws principles.
(c) Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in [Your County/City, State/Country].
Note: This is a digital product license agreement for personal use unless indicated by the vendor for commercial use. Depending on your specific products and legal requirements.