DCA TRANSLATED DOCUMENT LICENSE AGREEMENT
USE OF THE DOCUMENT(S) AND ALL OF ITS CONTENTS, INCLUDING BUT NOT LIMITED TO THE TEXT, DATA, INFORMATION, AND MATERIAL PROVIDED TO YOU BY DCA IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT ("AGREEMENT"). BY CHECKING THE "I HAVE READ AND AGREE TO THE DESIGN CHAIN ASSOCIATES, LLC (DCA) LICENSE AGREEMENT" BOX AT THE BOTTOM OF THIS PAGE, YOU (1) REPRESENT THAT YOU HAVE READ AND UNDERSTAND THIS DCA LICENSE AGREEMENT AND HAVE THE CAPACITY AND AUTHORITY TO ENTER INTO IT; AND (2) AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
License for Use of the Document: Subject to the term and conditions of this Agreement, DCA hereby grants you a revocable, non-transferable, non-exclusive, limited license to use the Document(s) but solely for your own use and not for the benefit of any third party. For the avoidance of doubt, you may not use the Document(s) to service, or otherwise perform work on behalf of any other entity. You may share the Document(s) with only your company's employees who have agreed to abide by substantially similar confidentiality and ownership terms as contained herein.
Except as expressly set forth in this Agreement, you may not modify, copy, distribute, re-distribute, disclose, transmit, sell, resell, publish, republish, broadcast, or circulate the Document(s) or any portion thereof without DCA's prior written consent. DCA has the right, at any time without notice to revoke your license to use the Document(s). DCA has no obligation to update the Document(s) or to correct any errors or omissions that might be contained in it.
Ownership and Confidentiality: You acknowledge and agree that the Document(s) and the information contained in it are owned by DCA and/or its third-party content providers ("Content Providers") and are protected by U.S. and international copyright and other intellectual property laws. You understand that you are purchasing a license for use of the Document(s). You further acknowledge and agree that the Document(s) contains confidential and proprietary data and information of DCA and its Content Providers, that you will not use this data or information for any unlawful or unauthorized purpose, and that you will use reasonable efforts to keep such data and information confidential.
Limitation of Liability: NEITHER DCA NOR ITS CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS LICENSE AGREEMENT, THE DOCUMENT(S) OR THE USE OF, OR RELIANCE ON, ANY OF THEM, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY FROM A BREACH BY DCA OF ANY OF ITS EXPRESS OBLIGATIONS UNDER THIS AGREEMENT. THE AGGREGATE LIABILITY OF DCA AND ITS CONTENT PROVIDERS ARISING FROM OR RELATING TO THIS AGREEMENT, THE DOCUMENT(S), OR THE USE OF, OR RELIANCE ON, ANY OF THEM, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE PROVED UP TO AN AMOUNT NOT TO EXCEED THE AMOUNTS PAID FOR THE DOCUMENT FROM WHICH THE CLAIM AROSE. NEITHER DCA NOR ITS CONTENT PROVIDERS SHALL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE FOREGOING, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EVEN IF DCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To the extent that some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply.
Disclaimer of Warranties: THE DOCUMENT(S) IS PROVIDED "AS IS" WITH ALL FAULTS. DCA DISCLAIMS ALL WARRANTIES OF ANY KIND REGARDING THE DOCUMENT(S), EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, NONINFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT OR TRANSLATION. NEITHER DCA NOR ITS CONTENT PROVIDERS WARRANT THE ACCURACY, CORRECTNESS, COMPLETENESS, OR TIMELINESS OF THE DOCUMENT(S). NEITHER DCA NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR YOUR RELIANCE ON SUCH DOCUMENT(S) OR DAMAGES OR OTHER LOSSES RESULTING FROM USE OF THE DOCUMENT(S).
YOU UNDERSTAND THAT DCA IS NOT PROVIDING AND THAT YOU ARE NOT RECEIVING ANY LEGAL ADVICE IN SUCH DOCUMENT(S). YOU ARE ENCOURAGED TO SEEK THE ASSISTANCE OF INDEPENDENT COUNSEL FOR THE INTERPRETATION OF ANY AND ALL LAWS OR REGULATIONS.
To the extent that some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply.
Indemnification: You agree to indemnify, defend, and hold harmless DCA, its affiliates and its Content Providers from and against any and all claims, liabilities, losses, costs (including but not limited to attorneys' fees), or damages of any kind arising from or relating to: (i) your use of the Document(s); or (ii) your breach of this Agreement.
Registration: To obtain the Document(s), you must register and pay for it by completing the online form available on the website. Your registration and payment will not be valid unless and until DCA accepts it. You agree to provide complete and accurate information in your registration and you agree to notify DCA promptly of any changes to this registration information. You may notify DCA of such modification by contacting DCA at: info@designchainassociates.com.
Charges and Billing: You agree to pay all fees associated with the purchase of the license to this Document(s) as set forth on this website. Any and all fees set forth herein are nonrefundable, except as set forth below. DCA reserves the right to change the fees it charges for products, services or features (collectively, "Products") offered in connection with the Document(s) at any time. These sorts of changes include, but are not limited to, adding fees for new/optional Products and/or modifying fees for existing Products. By using any of the Products, with which there are associated fees, you agree to pay those fees.
DCA may immediately cancel your license, without notice or liability, if it determines in its sole discretion that: (i) you have breached any portion of this Agreement; or (ii) your use of or access to the Document(s) violates any applicable law. Nothing herein limits any other legal, equitable, or contractual rights available to DCA.
Customer Service and Product Support: For customer service related to the delivery of the Document(s) (including information regarding registration and billing), contact DCA via telephone at +1.415.342.3217.
Markings: You may copy such Document only to the extent necessary for your allowed use as per this License Agreement. Unless otherwise noted in the Document itself, you may not remove any of the markings on the pages of the Document, including, but not limited to the following:
"Copyright © 2007 Design Chain Associates, LLC. All Rights Reserved.",
"Copyright © 2008 Design Chain Associates, LLC. All Rights Reserved.",
"Copyright © 2009 Design Chain Associates, LLC. All Rights Reserved.",
"Copyright © 2010 Design Chain Associates, LLC. All Rights Reserved.",
"Copyright © 2011 Design Chain Associates, LLC. All Rights Reserved.",
"Copyright © 2012 Design Chain Associates, LLC. All Rights Reserved.",
"Copyright © 2015 Design Chain Associates, LLC. All Rights Reserved.",
"Copyright © 2016 Design Chain Associates, LLC. All Rights Reserved.",
"Copyright © 2018 Design Chain Associates, LLC. All Rights Reserved.", or
"Copyright © 2019 Design Chain Associates, LLC. All Rights Reserved."
General: We are both independent contractors, and nothing contained in this Agreement shall be construed to create or imply a joint venture, partnership or employment relationship between the parties. This Agreement will be governed by the procedural and substantive laws of the United States and the State of California, without regards to its conflicts of laws principles. This Agreement shall be interpreted in the English language only, and no translation of the Agreement into another language shall have any effect. The United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded from and shall not apply to this Agreement. You agree that any claim, action or lawsuit arising out of or related to this Agreement shall be brought or filed in the United States District Court for the Northern District of California and in such event, You agree to submit to such jurisdiction.
If any term or provision of this Agreement is determined to be invalid or unenforceable for any reason, it shall be adjusted rather than voided, if possible, to achieve the intent of the parties to the extent possible. In any event, all other terms and provisions shall be deemed valid and enforceable to the maximum extent possible. The parties shall not be liable for any loss or damage, arising from delay due to causes beyond its reasonable control. You shall not assign, delegate, or subcontract any portion of its rights, duties, or obligations under this Agreement and any attempt to do so shall be void. You acknowledge that this Agreement is the complete and exclusive statement of the agreement between the parties regarding the subject matter hereof, which supersedes all other communications between the parties relating to such subject matter. This Agreement may be modified only by a written instrument duly executed by an authorized representative of DCA and You. Any failure by either of us to enforce any provision of this Agreement shall not constitute a waiver of such provision or the right of such party to enforce such provision or any other provision. DCA may change the terms and conditions of this Agreement at any time at its sole discretion. You will find notification of any such changes in the Legal Notices area of the DCA Web Site. You will be responsible for regularly checking this area for reviewing any such changes. In addition, the current Agreement can be found in the Legal Notices area of the DCA website. By using the Documents which may be ordered via this website ("Documents") associated with this Agreement after notice of such changes is posted, you agree to be bound by those changes. If you do not agree to be bound by any such changes, you must immediately stop using the Documents and destroy them.
Updated June 1, 2019
Copyright © 2015- Design Chain Associates, LLC Design Chain Associates, LLC. All Rights Reserved.
