(EULA) AND TERMS AND CONDITIONS

Zazzle Designer Earnings Analytics End User License Agreement

This End-User License Agreement (this "EULA") is a legal agreement between you ("Licensee") and Danielle Fernandez Designs ("Licensor"), the author of Zazzle Designer Earnings Analytics, including all HTML files XML files, Java files, graphic files, animation files, data files, technology, development tools, scripts and programs, both in object code and source code ("the Software"), the deliverables provided pursuant to this EULA, which may include associated media, printed materials, and "online" or electronic documentation.

By installing, copying, or otherwise using the Software, Licensee agrees to be bound by the terms and conditions set forth in the EULA. If Licensee does not agree to the terms and conditions set forth in theis EULA, then Licensee may not download, install or use the Software. 

  1. Grant of License

    1. Scope of License. Subject to the terms of this EULA, Licensor hereby grants to Licensee a royalty-free, non-exclusive license to posess and use a copy of the Software. The Software is being distributed by: Digital Download​

    2. Installation and Use. Licesnsee may install and use an unlimited number of copies of the Software and make multiple back-up copies of the Software, solely for Licensee's business and personal use. The software is a single-user license ONLY.

  2. Description of Rights and Limitations​​

    1. Limitations. Licensee and third parties may not reverse engineer, decompile, or dissemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding the limitation.

    2. Separation of Components. The Software is licensed as a single product. Its components may not be separated for use on more than one computer.

  3. Title to Software. Licensor represents and warrants that it has the legal right to enter into and perform its obligations under this EULA, and that use by the Licensee of the Software, in accordance with the terms of this EULA, will not infringe upon the intellectual property rights of any third parties.

  4. Intellectual Property. All now known or hereafter known tangible and intangible rights, title, interests, copyrights and moral rights in and to the Software, including but not limited to all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by Licensor. The Software is protected by all applicable copyright laws and international treaties.

  5. Support. Licensor will provide email support

  6. Duration. This EULA is perpetual or until:

    1. Automatically terminated or suspended if Licensee fails to comply with any of the terms and conditions set forth in this EULA; or

    2. Terminated or suspended by Licensor, with or without cause.

In the event this EULA is terminated, you must cese use of the Software and destroy all copies of the Software.

  1. Jurisdiction. This EULA shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of Illinois, without regard to conflicts of laws provisions thereof. Any legal action or proceeding relating to this EULA shall be brought exclusively in courts located in Chicago, IL, and each party consents to the jurisdiction thereof. The prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, attorneys’ fees. This EULA is made within the exclusive jurisdiction of the United States, and its jurisdiction shall supersede any other jurisdiction of either party’s election.

  2. Non-Transferable. This EULA is not assignble or transferrable by Licensee, and any attempt to do so would be void.

  3. Severability.  No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of this EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforeceable.

  4. WARRANTY DISCLAIMER. LICENSOR AND AUTHOR OF THE SOFTWARE, HEREBY EXPRESSLY DISCLAIM ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LICENSEE ACCEPTS ANY AND ALL RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE.

  5. LIMITATION OF LIABILITY. LICENSOR SHALL NOT BE LIABLE TO LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE ANY LOSS OF PROFITS, INCOME, SAVINGS, OR ANY OTHER CONSEQUENTIAL, INCEIDENTAL, SPECIAL, PUNAIVE, DIRECT OR INDIRECT DAMAGE, WHETHER ARISING IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE ESSENTIAL PURPOSE OF ANY LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE, EXCEED THE FINANCIAL AMOUNT ACTUALLY PAID BY LICENSEE TO LICENSOR FOR THE SOFTWARE.

  6. This License Agreement is valid without Licensor's signature. It becomes effective upon the earlier of Licensee's signature or Licensee's use of the Software

  7. Entire Agreement. This EULA constitutes the entire agreement between Licensor and Licensee and supercedes all prior understndings of Licensor and Licensee, including any prior representation, statement, condition, or warranty with respect to the subject matter of this EULA.

  8. Danielle Fernandez Designs will make every effort to keep the Software current, based on the changes occurring on Zazzle Inc., Redwood, California ("Zazzle"), however, Danielle Fernandez Designs has no responsibility to implement these changes in any time frame, if ever, and the decision as to whether the Product is updated and to what extent, rests exclusively with Danielle Fernandez Designs.

  9. This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by Zazzle Inc., Redwood, California ("Zazzle"), nor have they been reviewed tested or certified by Zazzle.


If you have any questions about these Terms, please contact me at DanielleFernandezDesigns@gmail.com​

 
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