Dual Paas's End User License Agreement

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This copy of Applications ("the Software Product") and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Discover Data Direct LLC is doing business as Dual PaaS. DUAL PAAS Company or its subsidiaries, affiliates, and suppliers (collectively "DUAL PAAS Company") own intellectual property rights in the Software Product. The Licensee's ("you" or "your", or “customer”) license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").

Acceptance

YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "ACCEPT" OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.

License Grant

This Agreement entitles you to install and use copy of the Software Product. In addition, you may make one archival copy of the Software Product. The archival copy must be on a storage medium other than a hard drive, and may only be used for the re-installation of the Software Product.

Restrictions on Transfer

Without first obtaining the express written consent of DUAL PAAS Company, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.

Restrictions on Use

You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Software Product. You may not use the database portion of the Software Product in connection with any software other than the Software Product.

Restrictions on Alteration

You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.

Restrictions on Copying

You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.

Disclaimer of Warranties and Limitation of Liability

Unless otherwise explicitly agreed to in writing by DUAL PAAS Company, DUAL PAAS Company makes no other warranties, express or implied, in fact or in law, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose other than as set forth in this agreement or in the limited warranty documents provided with the software product.

DUAL PAAS Company makes no warranty that the software product will meet your requirements or operate under your specific conditions of use. DUAL PAAS Company makes no warranty that operation of the software product will be secure, error free, or free from interruption. you must determine whether the software product sufficiently meets your requirements for security and uninterruptability. You bear sole responsibility and all liability for any loss incurred due to failure of the software product to meet your requirements. DUAL PAAS Company will not, under any circumstances, be responsible or liable for the loss of data on any computer or information storage device.

Under no circumstances shall DUAL PAAS Company , its directors, officers, employees or agents be liable to you or any other party for indirect, consequential, special, incidental, punitive, or exemplary damages of any kind (including lost revenues or profits or loss of business) resulting from this agreement, or from the furnishing, performance, installation, or use of the software product, whether due to a breach of contract, breach of warranty, or the negligence of DUAL PAAS Company or any other party, even if DUAL PAAS Company is advised beforehand of the possibility of such damages. To the extent that the applicable jurisdiction limits DUAL PAAS Company ’s ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted.

Limitation of Remedies and Damages

Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of DUAL PAAS Company. DUAL PAAS Company reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If DUAL PAAS Company is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling.

Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by DUAL PAAS Company to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold DUAL PAAS Company harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

Governing Law, Jurisdiction and Costs

This Agreement is governed by the laws of California, without regard to California's conflict or choice of law provisions.

Severability

If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.

Compliance With Privacy Laws

DUAL PAAS Company makes the following additional commitments, representations, and warranties to you:

DUAL PAAS Company will only process Customer Data and Personal Information on behalf of, and as Service Provider of, the Customer, and not collect, retain, use, or disclose that data for any purpose other than to perform the App Provider’s obligations under this Agreement, as permitted under CCPA and other applicable privacy and data protection laws (collectively, “Privacy Laws”). In no event will the App Provider “sell” (as defined by Privacy Laws) any such personal information.

DUAL PAAS Company will not collect, use, retain, disclose, sell, or otherwise make Customer Data or Personal Information available for App Provider’s own commercial purposes or in a way that does not comply with the CCPA or other Privacy Laws.

DUAL PAAS Company will limit personal information collection, use, retention, and disclosure to activities reasonably necessary and proportionate to provide the Services set forth in the Agreement or another compatible operational purpose.

Data Subject Rights - Assistance With Requests

DUAL PAAS Company will reasonably cooperate and assist you with meeting your CCPA and Privacy Law compliance obligations and respond to CCPA-related inquiries, including responding to verifiable consumer requests, taking into account, the nature of DUAL PAAS Company’s processing, and the information available to DUAL PAAS Company. DUAL PAAS Company will make available to you, in a manner consistent with the functionality of the Service and DUAL PAAS Company ’s role as a Service Provider of Personal Information of data subjects, the ability to fulfill data subject requests to exercise their rights under Privacy Laws.

If DUAL PAAS Company receives a request from Customer’s data subject to exercise one or more of its rights under Privacy Laws in connection with the Services, DUAL PAAS Company will redirect the data subject to make its request directly to you. You will be responsible for responding to any such request including, where possible, by using the functionality of the Services. DUAL PAAS Company shall comply with reasonable requests to assist with your response to such a data subject request.

DUAL PAAS Company must notify you immediately if it receives any complaint, notice, or communication that directly or indirectly relates either party's compliance with Privacy Laws relating to provisioning of the Services.

Contact Us

If you have any questions about this Agreement, please contact us at support@dualpaas.com