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DEADLINE DIRECT LICENSE AGREEMENT AND TERMS OF USE
Last updated: June 2011
THIS IS AN AGREEMENT BETWEEN YOU AND DEADLINE DIRECT AND THE CALIFORNIA LITIGATOR (WITH THEIR OWNERS AND AFFILIATES "DEADLINE DIRECT"). PLEASE READ THIS LICENSE AGREEMENT AND TERMS OF USE, AND ALL RULES AND POLICIES FOR DEADLINE DIRECT (THE "APPLICATION") AND SERVICES RELATED TO THE APPLICATION (INCLUDING, BUT NOT LIMITED TO, ANY RULES OR USAGE PROVISIONS SPECIFIED ON THECALIFORNIALITIGATOR.COM WEBSITE) (COLLECTIVELY, THIS "AGREEMENT") BEFORE PURCHASING AND USING THE APPLICATION. BY PURCHASING AND USING THE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, YOU SHOULD NOT PURCHASE AND USE THE APPLICATION. THE APPLICATION IS NOT COMPATIBLE WITH WINDOWS XP OR ANY APPLE COMPUTERS. IT IS YOUR RESPONSIBILITY PRIOR TO PURCHASE AND USE OF THE APPLICATION TO CONFIRM THAT YOUR COMPUTER IS A WINDOWS 7 OR WINDOWS VISTA COMPUTER. SHOULD YOU CHOOSE TO PURCHASE THE APPLICATION, AND THEREAFTER DISCOVER THAT YOUR COMPUTER IS NOT WINDOWS 7 OR WINDOWS VISTA, OR DOES NOT HAVE A WINDOWS GADGET FUNCTION, NO REFUND WILL BE GIVEN TO YOU. THE APPLICATION WILL BE E-MAILED TO THE E-MAIL ADDRESS YOU USED IN YOUR CHECKOUT. YOU WILL HAVE 24 HOURS TO DOWNLOAD THE APPLICATION. AFTER THAT TIME, THE APPLICATION WILL NO LONGER HAVE THE CAPABILITY TO DOWNLOAD. IT IS YOUR RESPONSIBILITY TO CHECKOUT AND THEN GO TO YOUR E-MAIL TO PULL UP THE DOWNLOAD WITHIN THIS TIME PERIOD.
The Application
The Application includes: (a) all software of Deadline Direct or third parties that is part of the Application at the time of your initial download of the Application or that Deadline Direct provides as updates/upgrades to the Application, unless you agree to other terms as part of an update/upgrade process; and (b) any on-line or other electronic documentation for the Application.
Subject to the terms and conditions of this Agreement, Deadline Direct hereby grants you a personal, limited, non-exclusive, non-transferrable license to install and use the Application on your personal computer ("PC"). You may use the Application only on your PC. You may not separate any individual component of the Application for use on another device or computer, may not transfer it for use on another device or use it, or any portion of it, over a network and may not sell, rent, lease, lend, distribute or sublicense or otherwise assign any rights to the Application in whole or in part.
You may not, and you will not encourage, assist or authorize any other person to, modify, reverse engineer, decompile or disassemble the Application, whether in whole or in part, create any derivative works from or of the Application, or bypass, modify, defeat or tamper with or circumvent any of the functions or protections of the Application or any mechanisms operatively linked to the Application.
You may not use the Application for any illegal purpose. You acknowledge that the license granted in this Agreement does not transfer to you title to or ownership of any intellectual property rights of Deadline Direct. The Application is licensed, not sold, and such license is non-exclusive.
Exclusive Remedy; Time Limitation on Filing any Claim. Deadline Direct's entire liability and your exclusive remedy in law, in equity, or otherwise, with respect to the Application and/or for any breach of this Agreement is limited to the amount you paid for the Application. In no event shall Deadline Direct or its agents be liable to you for any indirect, incidental, special or consequential damages for breach of any express or implied warranty, breach of contract, negligence, strict liability or any other legal theory related to the Application, including, but not limited to, damages arising out of loss of profits, revenue, data or use of the Application or any associated product, even if Deadline Direct has been advised of the possibility of such damages. To the extent that a state does not permit the exclusion or limitation of liability as set forth herein, Deadline Direct's liability is limited to the extent permitted by law in such states. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE APPLICATION MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR SUCH CLAIM SHALL BE FOREVER BARRED.
Disclaimer of Warranties. You acknowledge and agree that your use of the Application is solely at your own risk. You agree that the Application is provided "as available," “as is” with all faults and without any warranty of any kind. Deadline Direct expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment and non-infringement of third party rights. No oral information or advice given by Deadline Direct or an authorized representative of Deadline Direct shall create a warranty. To the extent jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you, and you may have additional rights.
Indemnity. You agree to release, indemnify, defend and hold harmless Deadline Direct and any of its agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, relating to or arising out of (a) this Agreement or the breach of your obligations under this Agreement, or, (b) the Application or your use of the Application. We shall have the right to participate in any defense by you of a third-party claim related to your use of the Application, with counsel of our choice. We shall reasonably cooperate in the defense at your request and expense. You shall have sole responsibility to defend us against any claim, but you must receive our prior written consent regarding any related settlement. The terms of this Section 4 will survive any termination or cancellation of this Agreement
Termination. Your rights under this Agreement will automatically terminate without notice from Deadline Direct if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Application, and Deadline Direct may immediately revoke your access to the Application without refund of any fees. Deadline Direct's failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.
Governing Law. This Agreement will be governed by the laws of the State of California, County of Kern, excluding its conflicts of law rules. You and Deadline Direct each submit to the exclusive subject matter jurisdiction, personal jurisdiction and venue of the courts of the State of California.
Modifications to Agreement. Deadline Direct reserves the right to amend any of the terms of this Agreement at its sole discretion by posting the revised terms on the Deadline Direct or The California Litigator websites (the "Websites"). Your continued use of the Application after the effective date of such amendment shall be deemed your agreement to be bound by such amendment. You agree to periodically review the Websites, including the current version of this Agreement available on the Websites, to be aware of any such revisions.
Contact Information.
Except as expressly provided otherwise herein, all notices to Deadline Direct shall be in writing and delivered via overnight courier or certified mail, return receipt requested to Deadline Direct, Attention: Barbara Haubrich, 5804 Urner Street, Bakersfield, California 93308. All notices to you shall be delivered to your mailing address or email address as provided in your account information.
You authorize us to contact you as our customer via e-mail at the e-mail address provided by you in your account information (as updated by you pursuant to this Agreement) regarding information that we deem is of potential interest to you. Notices and announcements may include commercial emails, e-zines, and other notices describing changes, upgrades, new products and services or other information.
Severability. If any term or provision of this Agreement is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.
Entire Agreement. This Agreement and the rules and policies incorporated by reference in this Agreement are the entire, complete and exclusive agreement between you and Deadline Direct regarding the Application and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
Export Restrictions. You agree to comply with all export and re-export restrictions of the United Stated Department of Commerce and other United States and foreign agencies and authorities, and not to transfer, or encourage, assist or authorize the transfer of the Application to a prohibited country or otherwise in violation of any such restrictions or regulations.
Heading. The section headings appearing in this agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.