This End User Licensing Agreement (“EULA”) is a legal agreement between you and Driver Rehabilitation Institute, Inc. (“DRI”) regarding your use of DRI software (the “Software”) and any and all related documentation, updates, and upgrades. Your use of the Software is governed by this EULA. The Software is licensed to you, not sold to you. In order to have a right to use the Software, you must lawfully acquire the Software from DRI. IF YOU DO NOT CONSENT TO THE PROVISIONS BELOW, DO NOT USE THE DRIVER REHABILITATION INSTITUTE SOFTWARE.
LIMITATION AND EXCLUSION OF DAMAGES
Driving is an inherently dangerous activity. By using the Software, you confirm that your use is voluntary and that you knowingly assume all such risks. The Software is not a substitute for on-the-road and classroom training from a qualified driving education instructor. In no case should students who have mastered the Software program consider themselves competent drivers without evaluation from a qualified authority.
To the fullest extent permissible by law, in no event shall DRI be liable for any form of direct or indirect special, consequential, incidental, or punitive damages from any causes of action arising out of or related to this license or the USE OF THIS Software, whether arising in tort (including negligence), contract, strict liability, or otherwise, and including but not limited to damages for personal injury, property damage, lost profits, loss of data, business interruption, loss of business information, cost of substitute goods or services, other pecuniary loss, loss of goodwill, work stoppage, or computer failure or malfunction, whether or not Driver Rehabilitation Institute knew or should have known of the possibility of such damages and/or defects.
In no event will DRI’s total liability to you for all damages in any one or more cause(s) of action exceed the amount paid by you for the Software. If the Software is defective, then DRI’s entire liability and your exclusive remedy is replacement of the defective Software, if you return the defective Software to DRI with a copy of your receipt. Your right to a replacement of the Software is void if the damage is a result of an accident by you, or your abuse, or misapplication thereof.
DISCLAIMER OF WARRANTIES
When properly installed and under normal use, the Software will substantially conform to the features and functionality set forth in the documentation accompanying the Software.
However, to the fullest extent permissible by law, the software is provided to you “as is” and with all faults, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. DRI hereby disclaims all warranties of any kind, either express, implied, or statutory, including but not limited to warranties of title and non-infringement and implied warranties of merchantability and fitness for a particular purpose. No oral or written information or advice given by DRI or a DRI authorized representative shall create a warranty.
The entire risk of satisfactory quality and performance resides with you. You assume all responsibilities for choosing, installing, and using the Software.
DRIVER REHABILITATION INSTITUTE’ INTELLECTUAL PROPERTY RIGHTS
The Software is solely owned by DRI and is protected by United States intellectual property laws. You may not remove any copyright, trademark, or other intellectual property ownership therefor. You shall not sell, rent, lease, reproduce, copy, distribute, divulge, sell, resell, or loan the Software to any other person or entity, nor shall you assist any other person in so doing. If you purchase the Software as a gift for a third person, the third person must accept the terms of this EULA before using the Software. You may not reverse engineer, decompile, disassemble, duplicate, simulate or create derivative works of the Software. You represent and warrant to DRI that you will comply with all applicable laws and regulations impacting your use of the Software including data protection and privacy laws and that you will notify DRI of any unauthorized use of the software. Should you cause an unauthorized person to obtain use of this Software as a result of their relationship with you, you agree to be liable for any loss or losses incurred by DRI as a result thereof.
No medical claims, expressed or implied are made for any DRI product. No claims are made for any specific or general benefits for any one individual using these software products.