End User License Agreement

1. Under this End User Licence Agreement (the "Agreement"), Adventure 33 ("Adventure") grants to the user (“You”) a non-exclusive and non-transferable licence (the "Licence") to use the DreamEncoder Software (the "Software").

2. "Software" includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product.

3. Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with Adventure and its licensors. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a licence for use only and is not in any way a transfer of ownership rights to the Software.

4. This licence granted to You for the Software by Adventure is limited to a non-transferable licence to use the Software on any computer device that You own or control. This Licence does not allow You to use Software on any computer device that You do not own or control, and You may not distribute or make the Software available over a network where it could be used by multiple devices at the same time. You may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity.

5. You may not rent, lease, lend, sell, redistribute or sublicense the Software. You may not copy (except as expressly permitted by this Licence), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part thereof. Any attempt to do so is a violation of the rights of the Adventure and its licensors.

6. The terms of the Licence will govern any upgrades provided by Adventure that replace and/or supplement the original Software, unless such upgrade is accompanied by a separate Licence in which case the terms of that Licence will govern.

7. Failure to comply with any of the terms under the Licence section will be considered a material breach of this Agreement.
Licence Fee

8. The subscription fee paid by You will constitute the entire licence fee and is the full consideration for this Agreement.
Limitation of Liability

9. You expressly acknowledge and agree that use of the Software is at Your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with You. To the maximum extent permitted by applicable law, the Software and any services performed or provided by the Software ("Services") are provided "as is" and “as available”, with all faults and without warranty of any kind, and Adventure hereby disclaims all warranties and conditions with respect to the Software and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Adventure does not warrant against interference with Your enjoyment of the Software, that the functions contained in, or services performed or provided by, the Software will meet Your requirements, that the operation of the Software or services will be uninterrupted or error-free, or that defects in the Software or services will be corrected. No oral or written information or advice given by Adventure or its authorized representative shall create a warranty. Should the Software or services prove defective, You assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to You.

10. To the extent not prohibited by law, in no event shall Adventure be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to Your use or inability to use the Software, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Adventure has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to You. In no event shall Adventure’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the greater of the total subscription fees paid over the previous six months, or one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Consent to Use of Data

11. You agree that Adventure may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Adventure Software. Adventure may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
Acceptance

12. All terms, conditions and obligations of this Agreement will be deemed to be accepted by You ("Acceptance") on installation of the Software.
User Support

13. No user support or maintenance is provided as part of this Agreement.
Term

14. The term of this Agreement will begin on Acceptance and is perpetual.
Termination

15. This Agreement will be terminated and the Licence forfeited where You have failed to comply with any of the terms of this Agreement or are in breach of this Agreement. On termination of this Agreement for any reason, You will promptly destroy the Software or return the Software to Adventure.

Force Majeure

16. Adventure will be free of liability to You where Adventure is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where Adventure has taken any and all appropriate action to mitigate such an event.
Governing Law

17. The Parties to this Agreement submit to the jurisdiction of the courts of the Province of Ontario, Canada for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the Province of British Columbia.
Miscellaneous

18. This Agreement can only be modified in writing signed by both Adventure and You.

19. This Agreement does not create or imply any relationship in agency or partnership between Adventure and You.

20. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.

21. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.

22. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.