This End User License Agreement and all of the terms and conditions contained herein (“Agreement”) constitute a legal agreement between the person, company or organization (“you” or “user”) that has acquired PRC-Saltillo software and the Prentke Romich Company, doing business as PRC-Saltillo™, (collectively, “PRC-Saltillo”, “we,” “us” or “our”). This Agreement governs your use of the software acquired through download for use on your computer, a PRC-Saltillo device, or mobile device (“device”). By downloading the software, you agree to be bound by this Agreement and all its terms and conditions.
If you do not agree to the terms of this Agreement, you should not install or use the software on any device. If you have already installed it, you should immediately un-install the software as you shall have no right to use it. ANY USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO USE ON THE DEVICE, WILL CONSTITUTE YOUR AGREEMENT TO THIS EULA (OR RATIFICATION OF ANY PREVIOUS CONSENT).
PRC-Saltillo and its suppliers own all the intellectual property in the software available on its devices and for download on other devices. This license grants you permission to use it only in accordance with the terms of this agreement.
Grant of Software License
This EULA grants you a limited, terminable, non-exclusive license to use the software for the purposes described in the documentation related to the software. This also governs any software upgrades provided by PRC-Saltillo that replace and/or supplement the original version of the software downloaded, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern.
You may: (a) install the software on any device that you own or control; (b) use the software for personal, educational purposes only; (c) make one copy of the software for back-up, archival purposes, provided such copy contains all of the original proprietary notices provided with or otherwise relating to the software.
You may not use, or permit others to use, the software except under the terms expressly listed in the Agreement. A separate license must be purchased for each end user. Without limiting the generality of the foregoing, you shall not, and shall not permit anyone else to: (a) use the software on any Device that you do not own or control; (b) use the software for service bureau, time-sharing or other similar purposes; (c) modify, translate, reverse engineer, decompile, attempt to derive the source code of, disassemble (except to the extent that this restriction is expressly prohibited by law), modify or create derivative works based upon the software; (d) copy the software (except as permitted above), any updates or any part thereof; (e) rent, lease, sell, offer to sell, distribute, or otherwise transfer rights to the software; (f) develop, sell or distribute other software or applications that integrate with the software or otherwise make use of the Data; (g) remove any proprietary notices or labels on or relating to the software; or (h) use the software in any manner that could impair any website that we may own or operate currently or in the future, including but not limited to the PRC-Saltillo website located at www.prc-saltillo.com (“Website”) or in any way or interfere with any party’s use and enjoyment of the Website.
All right, title and interest in and to the software (including without limitation all intellectual property rights) shall remain in us. Without limiting the foregoing, the software and all information or data downloaded by or in connection with it are protected by the copyright law of the United States and international copyright treaties, as well as other proprietary rights.
Consent to Use of Information
Additional Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.
NEITHER PRC-SALTILLO, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED.
YOUR DOWNLOAD AND USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
NEITHER PRC-SALTILLO, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SOFTWARE, AND ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO FAILURE TO CONFORM WITH A WARRANTY MADE UNDER THIS AGREEMENT (IF ANY), WILL BE PRC-SALTILLO’S SOLE RESPONSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Additional Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES, SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SOFTWARE; OR (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM USE OF THE SOFTWARE, OR ANY DEFECT THEREIN. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH THE SOFTWARE (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE SOFTWARE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOFTWARE, OR WITH ANY PROVISION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SOFTWARE.
Export and Other Laws
You may not use the software in contravention of any federal, state or other applicable laws. Without limiting the foregoing, the software may be subject to United States export control laws, and you agree to comply strictly with all such laws which are now or hereafter in effect. In particular, but without limitation, you may not export or re-export the software: (a) into any United States embargoed countries or (b) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United Sates Department of Commerce Denied Person’s List or Entity List. By using the software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear or chemical or biological weapons.
Product Questions, Comments, Claims and Contact Information.
We are responsible for addressing any questions, comments or claims relating to the software and/or your use of the software, including but not limited to: (a) product liability claims; (b) any claim that the software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. If you have any comments or questions, please contact PRC-Saltillo at:
1022 Heyl Road
Wooster, OH 44691
Attn: Customer Service
You agree to indemnify, hold harmless and, at our option, defend us and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney’s fees and expenses) arising from your improper use of the software, your violation of this Agreement, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this software or this Agreement shall be filed only in the state or federal courts located in or having jurisdiction over Wayne County in the State of Ohio and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Waiver of Breach
Our waiver of a breach of any provision of this Agreement by any user shall not operate or be construed as a waiver of any subsequent breach by you or any other user.
PCS Symbol Applications/Software
Use of any applications that contain or provide access to the Dynovox PCS symbol of libraries or any part thereof that, is governed by the following provisions in addition to the rest of the terms and conditions of this Agreement.
The Picture Communication Symbols (“PCS”) accessed with this Device may be not be used to create materials in print or electronic form, whether for communication or instruction, except by a single user in conjunction with use of this Device. PCS symbols may be distributed solely in Boardmaker file formats designated with a”.bm2”, “.zip”, or “.zbp” file extension. Distribution of any content or materials using PCS symbols in other formats (e.g. .pdf or PDF, .ppt or PowerPoint, .doc or WORD, or similar software formats used to display and/or transmit text and/or images) is not permitted.
Users of this Device may not rent, lease, or lend PCS symbols, or provide them to any online service or commercial hosting services. Users may not sublicense, assign or transfer any rights to the PCS, or authorize all or any portion of the PCS symbols to which the user has access to be copied onto any computer or other device.