IMPORTANT: Carefully read all of the terms and conditions of this agreement prior to signing up for DonorDock [hereafter referred to as the “Software”]. Signing up for this Software indicates acceptance of this license agreement.
This End-User License Agreement ("EULA") is a legal agreement between you and DonorDock, Inc., a North Dakota corporation (“DONORDOCK”) for the DonorDock product identified above which may include associated components, printed materials, and online documentation.
If you do not agree to these terms and conditions, then do not proceed with the provisioning of the Software.
1. Overview
This EULA governs the Software which includes Software-as-a-service and any associated media and printed materials. The Software is provided on a subscription basis. Licensing shall refer to the monthly or yearly subscription amount paid for the Software.
2. Reservation of Rights
The Software is protected by copyright and other intellectual property laws and treaties. DONORDOCK reserves all rights not expressly granted to you in this EULA.
3. Grant of License
You are granted a single, non-transferable, and non-exclusive license to use the Software under the terms stated in this Agreement subject to your obligation to pay and any rights and limitations described herein. Title, copyright and ownership of the Software and any related documentation remains with DONORDOCK. Grant of license will immediately cease if the terms and conditions herein are violated, including failure to pay for the subscription.
4. Subscription Licensing
Subscription licensing is done on either a month to month term or a year to year term. Customers may cancel a subscription at any time. The subscription will automatically charge the provided credit card or debit the provided bank account at the beginning of the next term unless the subscription has been cancelled per the requirements set forth in this EULA.
5. Additional Agreements
DONORDOCK may require you to agree, in order to continue using the Software, to updated terms and conditions which will apply from that date forward.
6. Prices, Taxes and Incidental Charges
DONORDOCK may alter pricing at any time with notice provided to you. Any price alterations will not be retroactive and will take effect upon the renewal of the subscription Term. Subscription prices do not include any taxes, or other fees required by law, and are the sole responsibility of you to pay. DONORDOCK may collect taxes if required by law and you agree to pay these to DONORDOCK when applicable.
7. Product Support Services
DONORDOCK may make available product support services, training, and other materials (collectively “Support”) related to the Software. This EULA does not obligate DONORDOCK to provide any Support.
You agree that DONORDOCK may collect and use technical information gathered as part of the support services provided to you, if any.
8. Disclaimer of Warranty
The Software is licensed “as-is.” You bear the risk of using it. DONORDOCK gives no express warranties, guarantees or conditions.
DONORDOCK does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software.
Further, DONORDOCK does provide any warranty respecting any harm that may be caused by the transmission of a computer virus or other such computer malware.
9. Remedies
DONORDOCK’s liability and your exclusive remedy for any claims arising out of the furnishing, performance or use of the Software OR ANY RELATED DOCUMENTATION (whether alleged as a breach of contract or tortuous conduct, including negligence) shall be at the option of DONORDOCK either (a) return of the most recent license fee or Subscription Fees paid.
You are not entitled to any consequential or other damages. In no event shall DONORDOCK be liable for any special, incidental, punitive, indirect or consequential damages.
10. Acknowledgement
By using the Software, you acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions.
11. Termination and Cancellation
Without prejudice to any other rights, DONORDOCK may suspend or revoke your use of the Software at any time if you violate the terms and conditions of this EULA.
You may terminate your subscription at any time. Subscription fees are not refundable.
12. Data Governance
DONORDOCK does not own any of your data placed in the Software. Upon termination of usage rights or cancellation, whether by you or DONORDOCK, you are responsible for obtaining your data and/or ensuring you have proper exports from the Software. You acknowledge that DONORDOCK will have no responsibility for the deletion, integrity, reliability, legality or right to use data.
13. Applicable Law
The laws of the state of North Dakota shall govern this agreement. You hereby consent to the exclusive jurisdiction of the state and federal courts located in Cass County, North Dakota for resolution of any disputes arising out of this EULA.
14. Entire Agreement; Severability
This EULA, including any addendum, supplement or amendment, is the entire agreement between you and DONORDOCK relating to the Software and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA.