IMPORTANT: READ THIS END-USER LICENSE AGREEMENT ("EULA") CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT USE THE SOFTWARE.
Definitions
- "Software" means the software program provided by Dealer by Design for managing internal processes for commercial businesses, primarily automotive dealerships.
- "License" means the right to use the Software in accordance with the terms and conditions set forth in this EULA.
License Grant
Dealer by Design grants to you a non-exclusive, non-transferable License to use the Software in accordance with the terms and conditions set forth in this EULA.
Restrictions
You shall not:
- Copy, modify, or distribute the Software, in whole or in part, except as expressly authorized by Dealer by Design;
- Reverse engineer, decompile, or disassemble the Software, except to the extent that such activity is expressly permitted by applicable law;
- Rent, lease, or lend the Software to any third party;
- Use the Software for any purpose other than for managing internal processes for commercial businesses, primarily automotive dealerships.
Ownership
Dealer by Design retains all right, title, and interest in and to the Software, including all intellectual property rights. You acknowledge that the License granted under this EULA does not transfer any ownership of the Software to you.
Warranty Disclaimer
The Software is provided "as is" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. Dealer by Design does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free.
Limitation of Liability
Dealer by Design's liability under this EULA shall be limited to direct damages actually incurred by you, and shall not exceed the amount paid by you to Dealer by Design for the License. In no event shall Dealer by Design be liable for any consequential, incidental, indirect, or special damages, including but not limited to lost profits or damages resulting from lost data or business interruption.
Termination
This EULA shall terminate automatically if you breach any material term or condition of this EULA. Upon termination, you shall immediately cease use of the Software.
Governing Law and Dispute Resolution
This EULA shall be governed by and construed in accordance with the laws of [insert state/country]. Any dispute arising out of or relating to this EULA shall be resolved through binding arbitration in accordance with the rules of the Canadian Arbitration Association. The arbitration shall be held in Waterloo, Ontario, and the parties shall each bear their own costs and expenses.
Entire Agreement and Amendments
This EULA constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, relating to the subject matter hereof. This EULA may not be amended or modified except in writing signed by both parties.
By using the Software, you agree to the terms and conditions set forth in this EULA.