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