Pearl Crescent Do Not Disturb
Software License Agreement
Pearl Crescent, LLC
https://pearlcrescent.com

This license agreement applies to the Pearl Crescent Do Not Disturb browser extension software ("Software") provided by Pearl Crescent, LLC ("Pearl Crescent"). If you do not agree to all of the terms and conditions of this license, do not install or use the software.

1. Use of the Software

The Software is not free. Pearl Crescent, LLC grants license purchasers and subscribers a non-transferable, non-exclusive, non-sublicensable license to install and use the Software on up to five (5) Mozilla Firefox profiles per purchased license. The profiles may all be on one computer, or they may be on several computers. If the Software is uninstalled from one profile, it may be installed on another without violating this license agreement.

This license applies only to the object code of the Software, and you shall have no access to the source code.

Purchase, download, and use of the Software is also subject to the terms of the pearlcrescent.com Privacy Policy which is available at:  https://pearlcrescent.com/privacy.html.

2. Restrictions

The Software is the property of Pearl Crescent. Your rights over this Software are only those set out in this agreement. You may only use the Software for the Purposes described in this agreement. If this agreement is terminated, you must return or destroy all copies of the Software in your possession.

In addition, you may not do any of the following:

The above actions are a violation of this license and will cause immediate termination of your license, and you may be subject to additional consequences.

3. Backups and Loss of Data

Simply put, you are responsible for your own data. Computers break. Things go wrong. Pearl Crescent shall not responsible for any loss of data. Be smart — backup your data.

4. Disclaimer of Warranties

PEARL CRESCENT'S SOFTWARE IS PROVIDED "AS-IS" AND PEARL CRESCENT MAKES NO OTHER WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO ITS QUALITY, PERFORMANCE, OR FITNESS FOR ANY PARTICULAR PURPOSE. PEARL CRESCENT DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL WORK WITH THE SOFTWARE OR HARDWARE COMBINATIONS YOU SELECT, OR THAT OPERATION WILL BE ERROR-FREE AND UNINTERRUPTED, OR THAT DEFECTS THAT MAY EXIST IN OUR SOFTWARE WILL NECESSARILY BE FIXED. THE SOFTWARE IS NOT INTENDED FOR USE WHERE SIGNIFICANT DAMAGE OR INJURY TO PERSONS, PROPERTY, OR BUSINESS MAY HAPPEN; IF YOU USE IT IN SUCH A SITUATION YOU ASSUME ALL ASSOCIATED RISKS.

5. Exclusions and Limitations of Liability

Pearl Crescent, LLC shall not be liable for any damages caused by use of the Software. Except as expressly and clearly provided in this agreement, Pearl Crescent shall not have any other liability of any kind, and will not be liable for indirect, special incidental, consequential, punitive, or exemplary damages, or lost profits, under any theory of liability (including, without limitation, actions in contract, warranty negligence, or product liability), resulting from any defect in, or use of any Software provided or any update thereof. In any event, Pearl Crescent's liability under this agreement for any damages, regardless of the form of action or theory of liability (including, without limitation, actions in contract, warranty, negligence, or products liability), shall not exceed your software license purchase price.

You shall make any claim against Pearl Crescent arising out of this agreement within one year of the occurrence of such claim; thereafter such claim is deemed barred.

6. General Terms And Conditions

This agreement constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous oral or written negotiations, communications and agreements between the parties concerning this subject matter. This agreement shall not be varied, amended, modified or supplemented except by a document signed by duly authorized representatives of both parties. The parties agree that this agreement is binding upon the successors and permitted assignees of the parties. Ambiguities, inconsistencies, or conflicts in this agreement shall not be strictly construed against the drafter of the language but will be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the parties' intentions at the time of this agreement is entered into. Where the context of this agreement requires, singular terms shall be considered plural, and plural terms shall be considered singular. The validity, construction, and performance of this agreement shall be governed by the laws of the State of Michigan (without reference to choice of law principles) except as to copyright, patent and trademark matters, which are covered by federal laws. If any provision of this agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions shall remain in full force and effect to the extent that the intent of the parties can be fulfilled.

Pearl Crescent Do Not Disturb Software License Agreement v20080515