End User License Agreement for DanceDirector Solutions Applications (DDS Apps), including CountryDanceDirector and SwingDirector websites and the solo DanceDirector mobile/tablet app.

Please read this End User License Agreement (“EULA”) before You license and use any DDS App.

By license and downloading/using the DDS App, You agree, without reservation to be bound by the terms of this EULA. If You do not agree with the terms of this EULA, please do not license or use the DDS App.

If You accept the terms and conditions in this EULA on behalf of a company or other legal entity, You warrant that You have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.

You may not accept this EULA if You are not of legal age to form a binding contract with DDS.

Definitions

In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:

“Activate” turning the Trial version into the Full version of the same application with the License Key provided by DDS;
“Documentation” the detailed information about the DDS App, its features and the system requirements as made available on the website of DDS, as amended from time to time;
“Full version” the license for the DDS App for the term specified on the webpage of the store where You purchase the license, or in any applicable agreement concerning the purchase of the license (as stand-alone product or as part of a subscription) to Use the DDS App;
“License Key” an unique code provided by DDS, which enables You to activate the Trial version or Full version by entering the code into the DDS App and to subsequently use the DDS App during the applicable license term;
“Open Source Software” any software that requires as a condition of use, copying, modification and/or distribution of such software that such software or other software incorporated into, derived from or distributed with such software (a) be disclosed or distributed in source code form, and (b) be licensed for the purpose of making and/or distributing derivative works, and (c) be redistributable at no charge;
“DDS” DanceDirector Solutions LLC, 715 South Lake Court, Lake Charles, LA 70605
“DDS App” any software application and/or all of the contents of the files and/or other media, including software setup files, licensed to You by DDS, including any Updates;
“Trial version” the license for the DDS App for the term of 30 days to Use the DDS App for the sole purpose of testing and evaluating the DDS App;
“Updates” any modified versions and updates of, and additions to the DDS App (excluding upgrades of the DDS App);
“Use” the access, download, install, copy or get benefit from using the DDS App in accordance with the documentation;
“You” you, the final and ultimate user of the DDS App or the authorized representative of a company or other legal entity that will be the final and ultimate user of the DDS App, and the company or other legal entity that will be the final and ultimate user of the DDS App, if applicable.
“Client Event” the public event owned/managed by You, with the licensing scope defined by the periodic nature of the event (most commonly annual).
"Licensing Period" the time-based scope of the Client Event for which licensing of DDS Apps will apply. The licenses for DDS Apps apply to a maximum of one Licensing Period.

General

This EULA applies to any licenses granted to You by DDS for the use of the DDS App.
By purchasing a License Key for the DDS App and/or downloading and using the DDS App, You enter into this EULA with DDS.
This EULA may be modified from time to time. DDS will notify you of such modifications on its website or otherwise, e.g. by using the email address used for the provision of the License Key. Any modifications to this EULA shall only apply upon acceptance by You.

License

DDS grants You a non-exclusive, non-transferable, limited, revocable license to Use the DDS App in accordance with this EULA. DDS reserves all rights not expressly granted to You.
DDS is and remains the owner of any intellectual property rights with respect to the DDS App. You shall not acquire any ownership to the DDS App as result of Your purchase of the License Key or Your Use of the DDS App.

Permitted use and restrictions

You may Use the DDS App on one computer only, unless You have purchased a Client Event license. In the event You have purchased a volume license or more than one Full version or Trial version, the number of computers You may Use the DDS App on shall not exceed the number of the Full version or Trial version purchased. If You exceed the limit, DDS may block the License Key.
You shall Use the Full version, Trial version or Contributor version in accordance with applicable laws and shall not:
1. use the Trial version on any system where the Trial version was previously Used and expired;
2. rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the License Key, the Full version, the Trial version or the Contributor version;
3. assign the License Key, the Full version, the Trial version or the Contributor version without prior written approval of DDS;
4. Use the Full version, Trial version or Contributor version for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;
5. delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the DDS App; or
6. copy (except as otherwise provided in this EULA), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the DDS App and the License Key or any parts thereof, except to the extent permitted by applicable law.
DDS may modify the DDS App at any time at its sole discretion and without notice to You, for example to comply with applicable law or a court order, to avoid a third party infringement claim or to provide Updates and upgrades.

Maintenance and support

DDS will notify You of any available Updates and upgrades.
You will be entitled to receive Updates free of charge for the current Licensing Period.
Any maintenance and support provided by DDS, including the provision of Updates and upgrades, will be provided in an adequate way on an “as is” basis without any warranty, as soon as reasonably practicable, subject to availability of personnel.

Use of data

DDS and its subsidiaries may periodically collect and use technical and related data concerning the DDS App You have licensed, including about the version number of the DDS App You have installed and about the system You have installed the DDS App on. DDS will use such data to facilitate maintenance and support with respect to the DDS App, to improve its products and to provide further services or technologies to You.
DDS may process personal data with respect to You, if and to the extent necessary to provide the License Key, to provide maintenance and support to You with respect to the DDS App and to comply with its obligations under this EULA. To the extent DDS will process personal data, it will comply with its obligations under applicable data protection law. Please see our privacy statement for more details on the processing of Your personal data that DDS has collected and received through its website.

Disclaimer

You Use the DDS App at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.
The DDS App and accompanying documentation are provided on an “as is” and “as available” basis without warranty - express or implied - of any kind, and DDS specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by DDS, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.

Liability limitation

The liability of DDS and any third party that has been involved in the creation, production, or delivery of the DDS App for all damages arising out of or in any way relating to the Full version, the Trial version, the License Key, the DDS App and/or this EULA shall in no event exceed the total amount of $ 99.
DDS and any third party that has been involved in the creation, production, or delivery of the DDS App are under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the DDS App).
The limitations of liability referred to in clause 9.1 and 9.2 shall not apply in the event that: (i) any negligence on the part of DDS leads to death or physical injury or (ii) damages arise from the intent, willful misconduct or gross negligence of DDS or the management of DDS.

Termination

This EULA will continue to be in force until the expiry or termination of the Full version or the Trial version.
The Full version or Trial version will terminate automatically at the end of the applicable license term, unless renewed or Activated prior to the end of the applicable license term.
DDS is entitled to terminate the Full version or the Trial version by blocking the License Key during the license term with immediate effect and without prior notice in the event You fail to comply with the terms in this EULA, in the event You fail to pay Your (subscription) fee for the License Key within the applicable payment term, in the event Your (subscription) fee for You as Contributor has been failed to pay within the applicable payment term, or in the event DDS is required to do so by law or an order of an applicable court.
Upon termination of the Full version or the Trial version, You shall cease all use of the DDS App.
You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.

Governing law and disputes

This EULA shall be governed by and construed in accordance with the laws of the United States, excluding its conflicts of law rules.
Any dispute between DDS and You shall exclusively be submitted to the competent court in Calcasieu Parish, Louisiana.