These terms and conditions of use (this "Agreement") are by and between DNHat and You, Your heirs, agents, successors and assigns ("You" and "Your(s)"), each side a "Party" and together, "the Parties". This Agreement sets forth the terms and conditions of Your purchase or sale of one or more Internet domain names (each, a .Domain Name.) with DNHat or use of other services (the Services) offered on https://dnhat.com (the Website), a website operated by DNHat, and explains DNHat's obligations to You and Your obligations to DNHat concerning the Services.
BY USING THE SERVICES, SUBMITTING REGISTRATION INFORMATION, CHECKING THE "I AGREE" CHECKBOX AT THE TIME OF REGISTRATION AND/OR EXECUTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT (AS AMENDED FROM TIME TO TIME BY DNHat IN ITS SOLE AND ABSOLUTE DISCRETION). IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT INDICATE YOUR ACCEPTANCE AND DO NOT USE ANY OF THE SERVICES. BY CONTINUING TO USE THE SERVICES OFFERED BY DNHat FOLLOWING A CHANGE TO THIS AGREEMENT, YOU ARE ACCEPTING AND AGREEING TO THE CHANGE.
WHEREAS, DNHat provides a service through the Website that displays a DNHat web page that DNHat owns or controls to users who wish to buy, sell or obtain other services offered on this Website; and WHEREAS, You wish to obtain one or more of the Services. NOW, THEREFORE, in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration herewith, the receipt, adequacy and sufficiency of which are hereby acknowledged, DNHat and You, intending to be legally bound, hereby agree as follows:
You agree that DNHat may modify this Agreement and the Services from time to time. You agree to be bound by any changes DNHat may reasonably make to this Agreement when such changes are made. If You have used or purchased Services from DNHat, the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. You agree that DNHat shall not be bound by any representations made by third parties who You may use to purchase Services from DNHat, and that any statement of a general nature, which may be posted on the Website or contained in DNHat's promotional materials, will not bind DNHat. DNHat may, at times, offer certain promotions with different charges and features. DNHat may, in its sole discretion, add, delete or change any of the services provided or fees charged by DNHat. These will be binding on the date that they become effective, similar to any other revision that is made to this Agreement.
You agree that You will be responsible for notifying DNHat should You desire to terminate Your use of the Services. Notification of Your intent to terminate must be provided to DNHat no earlier than 10 days prior to Your billing date but no later than three days prior to Your billing date.
You agree that DNHat may, in its sole discretion, terminate this Agreement, or any commercial activity or other use of the Services or Products provided by DNHat under this Agreement immediately and without any notice. Without limiting the foregoing, DNHat may terminate this Agreement (a) if DNHat determines in its sole discretion that You have acted inconsistently with the obligations or the spirit of this Agreement or of other DNHat policies; (b) if DNHat determines in its sole discretion that You have infringed upon or tried to infringe upon the proprietary rights of others; or (c) if any information that You have provided DNHat is found in DNHat.s sole discretion to be false or that DNHat has been unable to authenticate or verify the veracity of such information.
Only adults who can form legally binding contracts under applicable law can actively participate in the activities conducted through DNHat. By completing the registration information, by opening an account with DNHat, or otherwise participating in commercial activity conducted through the Website, You certify that You are 18 years of age or older, are competent to assume legally-binding obligations, and have the resources available to honor those obligations that You undertake. DNHat reserves the right to refuse, limit or restrict any of the Services for any reason, at any time, and in its sole discretion.
DNHat has a Privacy Policy that covers its use of Your information (https://dnhat.com/privacy.php), which is incorporated herein by reference and the terms of which You acknowledge that You have read and accept and agree to abide by such terms. DNHat will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. This policy may change in the future and the then-current policy shall govern at any given point in time. Please check this policy from time to time for possible changes that may have been made. You are solely responsible for any information that You provide to DNHat or to any other person during and in the course of any activity conducted with regard to and through the Website, Services or Products provided therein. DNHat may take any action with respect to such information DNHat deems necessary or appropriate in its sole discretion in order to avoid potential liability, losses or disruption to the Services. You hereby grant DNHat a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to exercise any right You have in such information, including copyrights and publicity rights in any media now known or not currently known, in accordance with the DNHat Privacy Policy and to further the goals contemplated by this Agreement.
You agree that all of your registration information is accurate when you created your account and that you will maintain the accuracy of such information.
You agree that DNHat may use and rely on any such information provided by You for all purposes in connection with the Services, subject to DNHat's Privacy Policy. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if DNHat has reasonable grounds to believe that Your information is inaccurate, not current, false, misleading or incomplete, DNHat has the absolute right, in its sole discretion, to terminate its Services to You and close Your account.
DNHat has no control over, and specifically disclaims any responsibility for, the accuracy, quality or legality of advertised third-party Domain Names (including but not limited to the validity of any trademark or other intellectual property rights thereto), the truth or the accuracy of the listings, the right or the ability of the listed seller to transfer the Domain Name or the ability of a buyer to consummate a Domain Name transaction. DNHat cannot and does not control whether or not third-party seller(s) will complete a transaction. Additional risks arise out of dealings with foreign nationals, underage persons or people acting under false pretenses or making deceitful representations, all of which are borne solely by the buyer or seller, as appropriate. DNHat does not verify or guarantee that users who access the Website are who they claim to be. DNHat encourages You to exercise reasonable, safe business practices as You would with any other commercial activity.
As a condition of Your use of the Services, You agree not to use them for any purpose that is unlawful or prohibited by this Agreement, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree that You will not be entitled to a refund of any fees paid to DNHat or to a third party for any Services if, for any reason, DNHat takes corrective action with respect to Your improper or illegal use of the Services.
You agree to not use the Service to submit or link to any Content that is abusive, unlawfully defamatory, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content (except in explicitly designated areas), contains personal information of others, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws.
In accessing or using the Service, You agree not to use Tor, a VPN, SOCKS, or any other proxying mechanism ("proxy") that masks your computer's identity on the Internet ("IP address").
DNHat reserves the right at all times to disclose any information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in DNHat.s sole discretion.
DNHat has the right, but not the obligation, to monitor Your use of the Services and may cancel the Services in its sole discretion. DNHat reserves the right to terminate Your access to the Services at any time, without notice, for any reason whatsoever.
DNHat reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against DNHat or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. DNHat may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels, as determined by DNHat in its sole discretion.
Except as set forth below, DNHat may also cancel Your use of the Services immediately and without notice if You are using the Services, as determined by DNHat in its sole discretion, in association with spam or morally objectionable or illegal activities. Morally objectionable or illegal activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and activities designed to harm or use unethically minors in any way.
DNHat uses a third party payment processor, FastSpring™ (https://www.fastspring.com/), for purchases and subscriptions.
FastSpring™ accepts most major credit cards from anywhere in the world, is PCI/PCI-DSS Compliant, utilizes CVC verification technology, and safeguards your data with the latest protection technologies.
DNHat does not store your financial information. FastSpring™ handles all of your financial data in a secure manner on behalf of DNHat.
DNHat will provide you with customer service to resolve any issues relating to your payment transactions for products and/or services offered by DNHat.
FastSpring™ is solely responsible for protecting all data in their possession. FastSpring™ will maintain commercially reasonable administrative, technical, and physical procedures to protect all of the personal information regarding your purchase transaction(s) that are stored on their servers from unauthorized access and accidental loss or modification.
FastSpring™ reserves the right to not authorize or settle any transaction you submit which they believe is in violation of this Agreement, any other FastSpring™ agreement, or exposes you, other FastSpring™ users, DNHat users, DNHat, FastSpring™'s processors or FastSpring™ to harm, including but not limited to fraud and other criminal acts. You are hereby granting DNHat and FastSpring™ authorization to share information with law enforcement agencies about you, your transactions, or your account if they reasonably suspect that your use of FastSpring™ through DNHat has been for an unauthorized, illegal, or criminal purpose.
You are responsible for paying for each subscription billing period in advance. Chargebacks, disputes, inaccurate information, fraud, or other billing difficulties may result in your account being banned or suspended, at our sole discretion.
All accounts are granted 10-day Free trial period to test the system and be certain that the services meet their requirements.
Digital purchases of downloadable products from DNHat are not physical items and therefore cannot be returned nor refunded.
Subscription purchases from DNHat are non-refundable. However, refunds may be granted in exceptional cases, at our sole discretion, within 7 days of purchase and only before account setup (domain hosting, issuing of SSL certificate, software installation, database installation, consultations and other preliminary services that may be necessary for account initial setup) on our server.
Subscription for services can be cancelled or upgraded by subscribers at any time by logging to their accounts and then visiting "My Account/Billing" section.
Cancelled subscription takes effect from next billing circle. Paid, but unused subscriptions are not refundable.
If access to your account is revoked for any reason, under no circumstances will you be eligible for refund.
You agree that DNHat, or its third-party licensors, holds all rights, title and interest in the Services and all intellectual property related therewith, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such intellectual property rights is being transferred to You and You agree to make no claim of an interest in or to any aspect of the Services.
You understand and agree that all content and materials contained in this Agreement, other policies, the Website, and any affiliated websites, are protected by the various international copyright, patent, trademark, service mark and trade secret laws, as well as any other applicable proprietary rights and laws, and that DNHat or its third-party licensors expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of DNHat or its licensors. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.
You, or the individuals who electronically execute this Agreement on Your behalf, hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You take is being done in good faith and that You have no knowledge that Your actions in connection with using the Services infringe upon or conflict with the legal rights of a third party or a third party's trademark, trade name, copyright or other intellectual property right.
IN NO EVENT SHALL DNHat BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SERVICES OR ANY RELATED SOFTWARE, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF DNHat HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some countries or states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, the foregoing limitation of liability shall be restricted only to the extent required by law. You agree that in no event shall DNHat's maximum aggregate liability exceed the total amount paid by You for the particular Service or Product in dispute purchased from DNHat.
ALL PRODUCTS, SERVICES, INFORMATION, AND DATA PROVIDED TO YOU UNDER THIS AGREEMENT ARE PROVIDED "AS IS" AND "WHERE IS" AND WITHOUT ANY WARRANTY OF ANY KIND. DNHat EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THE QUALITY AND AVAILABILITY OF TECHNICAL SUPPORT. DNHat ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY IN CONNECTION WITH ACCESS TO OR USE OF SERVICES UNDER THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, DNHat FURTHER DISCLAIMS ANY WARRANTY THAT THE FUNCTIONS OR SERVICES PROVIDED BY DNHat WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS THEREWITH WILL BE CORRECTED; THAT THE SERVICES OR PRODUCTS PROVIDED BY DNHat WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT THE SERVICES OR PRODUCTS PROVIDED BY DNHat UNDER THIS AGREEMENT WILL OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR DATA; OR THAT YOU WILL RECEIVE NOTIFICATIONS, REMINDERS OR ALERTS FOR ANY EVENTS FROM DNHat. YOU ACKNOWLEDGE THAT DNHat CANNOT AND DOES NOT CHECK TO SEE WHETHER ANY SERVICES OR YOUR USE OF THE SERVICES UNDER THIS AGREEMENT INFRINGE THE LEGAL RIGHTS OF OTHERS.
You, at Your own expense, will indemnify, defend and hold harmless DNHat and the DNHat Related Parties against any claim, suit, action, or other proceeding brought against DNHat or any DNHat Related Party by You or any third party based on or arising from any claim or alleged claim arising out of: any claim or alleged claim arising from this Agreement; a third-party claim that a Domain Name infringes any copyright, trade secret, trademark or other intellectual property right of a third party; or Your use of the Services in any manner inconsistent with or in breach of this Agreement. You will not enter into a settlement or compromise of any such claim without DNHat's prior written consent, which shall not be unreasonably withheld. Your obligation under this section extends to any and all costs, damages, and expenses, including, but not limited to, actual attorneys' fees and costs awarded against or otherwise incurred by DNHat in connection with or arising from any claim, suit, action or proceeding.
No Party shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement through failure to act, delay in action, or otherwise, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of such Party; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given. No waiver of any provision of this Agreement shall be deemed to constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a waiver or continuing waiver unless otherwise expressly provided in writing duly executed and delivered.
This Agreement, incorporating any other applicable DNHat policies and any modifications that may be made hereto, constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein. There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the Parties in connection with the subject matter of this Agreement, except as specifically set forth herein. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, each Party agrees that such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby.
IMPORTANT - YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE PURCHASE, DOWNLOAD, INSTALLATION AND/OR USE OF THE SELF-HOSTED VERSION OF DNHAT DOMAIN MARKETPLACE SETUP AND PORFOLIO MANAGEMENT SOFTWARE, INDICATE YOUR ACCEPTANCE OF THIS LICENSE AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS LICENSE AGREEMENT, DO NOT INSTALL, COPY OR USE THE SOFTWARE.
The following definitions shall apply in this document:
Product shall mean the Self-hosted version of self-hosted version of DNHat - Domain Marketplace setup and Porfolio Management Software package, including any modifications or upgrades to the software used for encoding the Product to render it non-humanly readable and any associated documentation or electronic or online materials relating to the Product.
EULA shall mean End User License Agreement
ENCODED FILE shall mean a non-humanly readable file produced by Encoder being derived from humanly readable PHP script source.
PROVIDER shall mean Josytal IT.
BUSINESS ENTITY shall mean any body of users, company or organisation, with a single primary business purpose.
USER/YOU/LICENSEE shall mean any individual or business entity who has purchased a license for the non-evaluation version of the Product.
MAJOR VERSION NUMBER shall mean the number preceding the first decimal point (.) in the Product version number.
MINOR UPGRADE or UPGRADE shall mean a Product release where the Major Version Number is the same as for the previously released Product version.
MAJOR RELEASE shall mean a Product release where the Major Version Number is different to that of the previously released Product version.
PRIMARY LICENSE shall mean the first license purchased to use the Product.
ADDITIONAL LICENSE shall mean a license purchased to use the Product on an additional domain or website.
1.1 The Product is licensed not sold. Title to the Product does not pass to the User in any circumstances. The Product is supplied in object code(s).
1.2 The Provider grants a personal, non-transferable, non-exclusive license to use the Product in accordance with the terms and conditions of this EULA.
1.3 Downloading of the Product entitles the User to install and use the Product for lawful purposes and in accordance with the terms set out in this EULA on any website, domain or server as may be necssary.
1.4 Downloading of the Product entitles the User to install and use the Product for lawful purposes, in accordance with the terms set out in this EULA, on any licensed website, domain or server.
1.5 Before installation, you must have duly purchase a user license, granting you the rights to use the Product. The Product is normally provided with a license allocation for one domain name as standard, and additional license(s) for additional domain(s) may be purchased separately as required.
1.5 The licensee is entitled to use the Product solely for the purpose of setting up domain marketplace and/or managing portfolio of domain names, compilation and publication of related content files, where the licensee is the only beneficiary of the end result.
1.6 The Product is not "for hire", and providing any form of service that uses the Product for the purposes of setting up domain marketplace or/and managing domain portfolio to a third party and where a third party is or/and you are benefitting from the service is expressly forbidden.
2.1 The Product may not be redistributed to any third party.
2.2 The making of reasonable copies for back-up security purposes is permitted, provided all copies made include all copyright and proprietary notices of the Provider.
2.3 Keeping reasonable copies of the Product is permitted solely for onsite or offsite back-up purposes.
2.4 Without the express permission of the Provider, the Product may under no circumstances be embedded inside another product, nor branded as another product, whether distributed or not.
3.1 Any analysis of the program, embedded data or license files by any means and by any entity whether human or otherwise and including but without limitation to discover details of internal operation, to reverse engineer, to de-compile object code, or to modify for the purposes of modifying behaviour is forbidden.
3.2 Any analysis of encoded files by any means and by any entity whether human or otherwise and including but without limitation to discover details of file format or modification for the purposes of modifying behaviour or scope of their usage is forbidden.
4.1 The Provider does not warrant that the Product is uninterrupted or error-free.
4.2 The Provider makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose. Further, Provider does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Product on your Internet web site, domain or server.
4.3 The Provider will remedy any non-conformance of the Product to the documentation during the warranty period by correction or replacement of any defects, provided that the User promptly notifies the Provider of an error occurring during the warranty period and that the User can demonstrate a fault to the satisfaction of the Provider. This constitutes the only warranty provided by the Provider in respect of the Product.
5.1 IN NO EVENT WILL THE PROVIDER OF THE PRODUCT BE LIABLE TO THE USER OR ANY PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR OTHER CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THIS LICENSE AGREEMENT OR ANY USE OF THE ENCODER OR ENCODED FILES, EVEN IF THE PROVIDER IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.2 THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS. THE PROVIDER EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS AND REPRESENTATIONS (EXCLUDING FRAUDULENT MISREPRESENTATION) OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE IN CONNECTION WITH THE PRODUCT TO THE FULLEST EXTENT PERMITTED BY LAW.
5.3 DOWNLOADING AND INSTALLING THE PRODUCT IS AT YOUR OWN RISK AND THE PROVIDER DOES NOT ACCEPT LIABILITY FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE HOWSOEVER CAUSED AS A RESULT OF ANY COMPUTER VIRUSES, BUGS, TROJAN HORSES, WORMS, SOFTWARE BOMBS OR OTHER SIMILAR PROGRAMS ARISING FROM YOUR USE OF THE PRODUCT. WHILST THE PROVIDER WILL DO ITS BEST TO ENSURE THAT THE PRODUCT IS FREE FROM SUCH DESTRUCTIVE PROGRAMS, IT IS YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS TO SCAN FOR SUCH DESTRUCTIVE PROGRAMS DOWNLOADED FROM THE INTERNET.
5.4 THE PROVIDER'S MAXIMUM LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM THIS LICENSE AGREEMENT SHALL IN ANY EVENT BE LIMITED IN THE SOLE DISCRETION OF THE PROVIDER TO THE REPLACEMENT OF THE PRODUCT OR REFUND OF THE PURCHASE PRICE PAID BY THE USER IN RESPECT OF ANY SINGLE DEFAULT OR SERIES OF DEFAULTS ARISING FROM THE SAME CAUSE.
5.5 DUE TO THE NATURE OF THE INTERNET, THE PROVIDER CANNOT GUARANTEE THAT ANY E-MAILS OR OTHER ELECTRONIC TRANSMISSIONS WILL BE SENT TO YOU OR RECEIVED BY THE PROVIDER OR THAT THE CONTENT OF SUCH TRANSMISSIONS WILL BE SECURE DURING TRANSMISSION.
6.1 The Provider will use reasonable endeavours to provide support to Users who have an existing license for the non-evaluation version of the Product. The Provider will only provide support for the latest release and for up to two prior versions of the Product.
6.3 The User accepts that on occasion the ability of the Provider to meet anticipated or published support schedules may be impaired due to, without limitation, Internet service provider failures, software or hardware failures, that affect the ability to communicate for an indeterminate period.
6.4 The Provider reserves the right to refuse to provide support at any time.
6.5 The Provider wishes to maintain and offer a Product of the highest possible quality, and at its discretion may from time to time make Product changes for the purpose of correcting behaviour in variance to the published specification or the User's reasonable expectations. Such changes will generally be made and distributed without charge.
6.6 Entitlement to Product support is granted by a separate support package, and is provided free of charge for a period of 6 (six) months after initial purchase of the Primary License, unless otherwise stated.
6.7 The period of support entitlement may be extended after the initial 6 months period for an additional fee.
6.8 Communication with the Provider should at all times remain polite and courteous, free from profanity, and any content that may be reasonably judged to be objectionable. Where communication does not meet these requirements, the Provider reserves the right without notice and limitation to terminate communication and to restrict access to the Provider's website.
7.1 Minor Upgrades may become available from time to time that change and/or enhance the features and/or existing behaviour of the Product. These will be provided without charge, and will be available only for the release that is licensed. Access to Minor Upgrades for a product version more than two Major Releases behind the current release may not be provided.
7.2 Major Releases that comprise significant changes to the Product may become available from time to time. A charge will usually be made to move a license to a new release, which may be dependent on the version of the Product currently being used.
8.1 The price of the Product may increase or decrease at the Provider's discretion with or without notice. Existing users will not be liable for additional costs should the Product price increase, nor be due any refund if the price decreases.
8.2 All prices are exclusive of VAT and all other taxes and duties.
8.3 All prices are in US dollars unless otherwise indicated.
Whilst all reasonable endeavours are made to ensure the accuracy of information and documentation given concerning the Product, the User accepts the possibility of inaccuracies in information presented in any format, including verbal, written, printed or electronic documentation, email communications and online services. The Provider shall under no circumstances be liable for any events that arise as a result of unintentional inaccuracies or omissions.
You agree to fully indemnify, defend and hold the Provider harmless immediately upon demand from and against all actions, liability, claims, losses, damages, costs and expenses (including legal/attorney fees) incurred by the Provider arising directly or indirectly as a result of your breach of this License Agreement.
11.1 The User acknowledges that the Product and associated documentation and materials contain proprietary information of the Provider and are and shall remain the exclusive property of the Provider and/or its licensors and all title, copyright, trade marks, trade names, patents and other intellectual property rights therein of whatever nature shall remain the sole property of the Provider and/or its licensors.
11.2 No title to or rights of ownership, copyright or other intellectual property in the Product is transferred to the User (other than the license rights expressly granted in this License Agreement).
12.1 The Provider reserves the right to terminate this License Agreement immediately by notice in writing against the User if the User is in breach of any terms and conditions of this License Agreement.
12.2 Termination of this License Agreement for any reason shall be without prejudice to any other rights or remedies of the Provider which may have arisen on or before the date of termination under this License Agreement or in law.
13.1 The Provider reserves the right to transfer or assign all or any of its rights and duties and responsibilities set out in this License Agreement to another party.
13.2 Headings have been included for convenience only and will not be used in construing any provision of this License Agreement.
13.3 No delay or failure by the Provider to exercise any powers, rights or remedies under this License Agreement will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies include any other or further exercise of them.
13.4 If any part of this License Agreement is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of this License Agreement which will continue to be valid and enforceable to the fullest extent permitted by applicable law.
13.5 This License Agreement including the documents or other sources referred to herein supersede all prior representations, understandings and agreements between the User and the Provider relating to the Product and sets forth the entire agreement and understanding between the User and the Provider relating to the Product.
13.6 Nothing in this License Agreement shall be deemed to constitute a partnership between you and the Provider nor constitute either party being an agent of the other party.
13.7 From time to time, the Provider may with or without notification revise and change the terms of this EULA. The current license agreement will be available at http://www.dnhat.com/ and notice of changes may also be given without limitation by email, in-Product notification or website alerts. Failure to receive notification of changes does not invalidate those changes, and the continued use of the Product will indicate your agreement to the changes.