This copy of PropsBot.AI (the “Software Product”) and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and other forms of intellectual property. DLM Innovations LLC (“Licensor”) own any and all intellectual property rights in the Software Product. The Licensee’s (“you” or “your”) license to download and use the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement (“Agreement”).
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE “ACCEPT” OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING OR USING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD OR USE THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT “DECLINE” AND YOU MUST NOT INSTALL OR USE THE SOFTWARE PRODUCT.
Licensor grants you a nontransferable, nonexclusive, revocable, worldwide, non-sublicensable, limited license to install and use the Software Product. This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows shared use of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. The terms of this Agreement will govern any content, materials, and/or services accessible from or purchased within the Software Product as well as any and all upgrades, bug fixes and versions provided by Licensor that replace or supplement the original Software Product, unless such upgrade, bug fix or version is accompanied by a new agreement.
You do not acquire any ownership interest in the Software Product under this Agreement, or any other rights thereto, other than to use the Software Product in accordance with the terms, conditions, and restrictions under this Agreement.
You may not assign, transfer, or convey your rights or obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product. In the event you sell or otherwise transfer the device on which the Software Product is installed to a third party, you must remove the Software Product from such device before such transfer.
You may not use, copy, or install the Software Product on any system with more than one computer, or permit the use, copying, or installation of the Software Product by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Product on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.
You may not copy (except as permitted by this Agreement), reverse-engineer, disassemble, attempt to derive, the source code of, modify, or create derivative works of the Software Product, any updates, bug fixes, versions, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source software included in the Software Product, if any exist)..
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations of the Software Product. You may not alter any files or libraries in any portion of the Software Product. You may not remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices provided on or with the Software Product, including any copy thereof.
You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium.
You acknowledge that Licensor may, directly or indirectly through the services of third parties, collect, store, and use information, information regarding use of the Software, and information about equipment on which the Software is installed or through which it otherwise is accessed and used. Without limiting the foregoing, Licensor uses third-party analytics tools, including Google Analytics and related tracking technologies, to collect and process information about how users interact with the Software Product and associated websites. This may include, but is not limited to, device information, browser type, operating system, IP address (which may be anonymized), pages viewed, time spent on pages, referral sources, and usage patterns.
This data is used solely for legitimate business purposes such as performance monitoring, improving user experience, debugging issues, marketing attribution, and understanding aggregate user behavior. Licensor does not sell personally identifiable information collected through analytics tools. Data collected through analytics services is processed in accordance with Licensor’s Privacy Policy and the applicable privacy policies of the third-party providers (including Google). Users may opt out of certain tracking through browser settings, device controls, or Google’s opt-out mechanisms where available. Such collection, storage, and use is governed by Licensor’s Privacy Policy, which is incorporated by reference [and is available at PropsBot.AI, attached as Exhibit A].
The Software Product may be subject to U.S. export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Software Product to, or make the Software Product accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation.
LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE COMPLETENESS, SECURITY, QUALITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE SOFTWARE PRODUCT FOR ANY PURPOSE, THAT DEFECTS WILL BE CORRECTED, THAT THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SOFTWARE PRODUCT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY, ACCURACY, OR CONDITION OF ANY KIND. LICENSOR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED WARRANTIES, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. LICENSOR WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE OR ANY MONETARY LOSS BY YOU INCURRED THROUGH THE USE OF ANY INFORMATION FROM THE SOFTWARE PRODUCT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER BASED ON CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF LICENSOR OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS LICENSOR’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOFTWARE PRODUCT, OR WITH ANY PART OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SOFTWARE PRODUCT.
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of Licensor. Licensor reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If Licensor is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling.
This Agreement is governed by the laws of New York, without regard to New York’s conflict or choice of law provisions. In the event the parties are not able to resolve any dispute between them arising out of or concerning this Agreement, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. The parties agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Unless mutually agreed upon by the parties, the Arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. This arbitration provision shall survive the termination of these Terms and Conditions.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
This Agreement is effective until terminated by you or Licensor. Your rights under this Agreement will terminate automatically if you fail to comply with any of its terms.
