1. Worlddo License
a. Upon payment of all applicable fees
and subject to the terms of this License, worlddo.com grants
to Licensee a non-exclusive, perpetual (unless terminated under
paragraph 9) license to use Worlddo.
b. Licensee shall be solely responsible
for all expenses incurred in the downloading, copying and installation
of Worlddo by Licensee.
c. Licensee agrees that worlddo.com can
refuse sale of Worlddo or User Licenses to use Worlddo to any
person for any reason.
d. The terms and conditions of this License
can change at any time upon worlddo.com's discretion for any
reason. Check this page and the Worlddo Web Site regularly for
amendments.
2. User Licenses
a. User and Client Licenses are concurrent,
nontransferable licenses to use Worlddo.
Worlddo User Licenses are domain or IP address specific and
nontransferable licenses.
b. Licensee must purchase User Licenses
from worlddo.com for all concurrent users using Worlddo
in accordance with the going rates set by worlddo.com at its
Worlddo Web Site, changed and set in worlddo.com's discretion
and from time to time, and will be paid directly to worlddo.com.
c. Licensee shall
not illegally obtain a copy of Worlddo for the purposes of avoiding
license payments.
d. Licensee agrees that the provisions of
this License may be modified for any individual by special terms
(“Special Terms”), and Licensee agrees to abide by such Special
Terms for any such Worlddo used by Licensee.
3. Limited Warranty
worlddo.com warrants for a period of thirty
(30) days from the date of purchase of Worlddo that Worlddo
as provided by worlddo.com will substantially conform to the
functionality of the Demo available on the Worlddo Web Site,
on condition that Licensee has followed requisite system requirements
displayed on the Worlddo Web Site and in documentation to run
Worlddo. worlddo.com’s entire liability and Licensee’s sole
and exclusive remedy for any breach of the foregoing limited
warranty will be, at worlddo.com’s option, (1) replacement of
the media, (2) refund of the purchase price, or (3) repair or
replacement of Worlddo.
THIS LIMITED
WARRANTY IS THE ONLY WARRANTY PROVIDED BY WORLDDO.COM AND WORLDDO.COM
AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES AND
CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, INTERFERENCE WITH LICENSEE'S ENJOYMENT
OF WORLDDO OR AGAINST INFRINGEMENT OF THIRD PARTY PROPRIETARY
RIGHTS BY WORLDDO. WORLDDO.COM DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN WORLDDO WILL MEET LICENSEE’S REQUIREMENTS, OR THAT
THE OPERATION OF WORLDDO WILL BE UNINTERRUPTED OR ERROR-FREE,
OR THAT DEFECTS IN WORLDDO WILL BE CORRECTED. FURTHERMORE WORLDDO.COM
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE
OR THE RESULTS OF THE USE OF WORLDDO IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION
OR ADVICE GIVEN BY WORLDDO.COM, OR AN AUTHORIZED REPRESENTATIVE
OF WORLDDO.COM SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE
THE SCOPE OF THIS WARRANTY.
WORLDDO IS NOT INTENDED FOR USE IN THE OPERATION
OF NUCLEAR FACILITIES, ENERGY FACILITIES, AIRCRAFT NAVIGATION,
COMMUNICATIONS SYSTEMS, OR AIR TRAFFIC CONTROL OR SIMILAR ACTIVITIES
IN WHICH CASE THE FAILURE OF WORLDDO COULD LEAD TO DEATH, PERSONAL
INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
4. Limitation of Remedies and Damages
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE,
SHALL WORLDDO.COM, OR ITS LICENSORS BE LIABLE FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR
INABILITY TO USE WORLDDO, EVEN IF WORLDDO.COM, ITS LICENSORS
OR AN AUTHORIZED REPRESENTATIVE OF WORLDDO.COM HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall worlddo.com’s
or its licensors’ total liability for all damages, losses, and
causes of action (whether in contract, tort (including negligence)
or otherwise) exceed the amount paid under this License. THE
ABOVE LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY WHERE
AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.
The parties agree that this limitation of remedies and damages
provision shall be enforced independently of and survive the
failure of essential purpose of any warranty remedy.