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Developmental Discovery™ System License Agreement 1. License. Developmental Discovery grants to the Licensee using this system and its associated website www.developmentaldiscovery.com a limited, non-exclusive, non-transferable license to use the online Developmental Discovery system and its documentation for use in accordance with this License. This license is only for the use of the profile processing facility and its Forum and its documentation. This license does not establish any business relationship beyond the right to purchase profile processing services. Developmental Discovery Licensors retain title to the Developmental Discovery System, website, and related documentation. This License allows use of the Software and documentation only by the User licensed. "User" means Licensee, if Licensee is an individual purchasing the Software for use at office or home, or, if Licensee is a corporation or similar business or commercial entity or government agency, its current employees. 2. Restrictions. This agreement sets forth the terms and conditions governing the use of the Developmental Discovery Syatem and documentation. Licensee may not rent, lease or otherwise transfer the License or its documentation. Licensee shall not, without the prior written permission of Developmental Discovery , nor permit anyone else to, decompile, reverse engineer, disassemble, derive source code from, modify, or otherwise reduce the Software to a human perceivable form, or to modify, network, rent, lease, loan, distribute, or create derivative works based upon the Developmental Discovery System or its associated website or the documentation in whole or in part. Failure to comply with the restrictions and limitations contained in this Section shall result in the immediate termination of this License and may subject the Licensee to civil and/or criminal liability. 3. Termination. This License is effective until terminated. Developmental Discovery may terminate this License at any time for any reason, by providing 30 days notice to the Licensee. Licensee may terminate this License at any time by destroying all copies of the documentation, and advising Developmental Discovery in writing. This License will terminate immediately without notice from Developmental Discovery if Licensee fails to comply with any provision of this agreement. Upon termination, Licensee must destroy all copies of the documentation. Upon termination of this Agreement for any reason, all licenses granted herein shall immediately terminate. The License created in this agreement is valid for one year. 4. Disclaimer of Warranty. Licensee expressly acknowledges and agrees that the use of the Developmental Discovery System and its documentation is at Licensee's sole risk. The system, documentation, and technical support are provided "AS IS" and without warranty of any kind, either expressed or implied, including without limitation any implied warranties of condition, uninterrupted use, noninfringement, or use for a particular purpose. Developmental Discovery shall not be held liable for any loss of data, down time, computer malfunction, loss of revenue or any other direct or indirect damage or claims caused by using this system or its website. 5. Equitable Remedies. Licensee agrees that Developmental Discovery would be irreparably damaged if the terms of this agreement are breached. Licensee therefore agrees that Developmental Discovery shall be entitled to appropriate equitable remedies with respect to breaches of this agreement, in addition to other remedies available under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party shall be entitled to recover from the other party all the attorneys' fees and other expenses incurred during litigation. 6. Agency. Licensee is not an agent of Developmental Discovery or any of its owners or any of its business partners or in any of its business ventures. Licensee may not enter into any contract or otherwise bind Developmental Discovery in any way. 7. Confidentiality. Licensee agrees not to disclose confidential information. The Licensee agrees to keep confidential all methods and practices utilized by Developmental Discovery in conducting its services, and to keep confidential its unique methods and practices. 8. Non-competition. The Licensee agrees that for a period of two years following the termination of this agreement or any extension of this agreement, the Licensee will not, directly or indirectly, solicit, serve, engage in, assist, operate, have an interest in, or be connected with any other person, firm, or corporation in the same or similar business as Developmental Discovery , without the written permission of Developmental Discovery. 9. Miscellaneous. This Agreement shall be governed by the laws of the State of Texas. This agreement represents the complete agreement between the parties. This agreement supersedes all prior agreements between the parties and may not be modified or terminated orally. No modification, termination, or attempted waiver shall be valid unless agreed-upon in writing by both parties.
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