ANIMAL ISLAND LEARNING ADVENTURE™
AILA SIT AND PLAY™
APPLICATION LICENSE AGREEMENT
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY. BY USING THE ANIMAL ISLAND LEARNING ADVENTURE™ SIT AND PLAY™ APP, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SIT AND PLAY APP AND CONTACT DMAI, INC., 10940 WILSHIRE BLVD, SUITE 1100, LOS ANGELES, CA 90024 (“DMAI”).
As used in this Agreement, the term, “App” means a smart phone application that works together with the SIT AND PLAY Device and Device Software that assists in delivering and monitoring certain content to its users. “Device” means the hands-free all-in-one intelligent monitor and edutainment system preloaded with DMAI Original series of preschool curriculum that adapts to the needs of each child. “Device Software”, includes, but is not limited to, audio files, game files, images, learning modules, application software, object code, executable code, e-books, videos, demo games, skill selector files and any accompanying documentation.
- DESCRIPTION OF APPLICATION. DMAI offers for download, both for payment and free of charge, certain of its Apps which enable you to utilize certain functionality and perform certain tasks offered by each of such Apps. The specific App to which this Agreement is being accessed by you is referred to hereunder as “the Application” or “the App”. The App is designed specifically for interfacing with the SIT AND PLAY Device.
- GRANT OF LICENSE. Provided that you have complied with, and that you continue to comply with, all of the provisions of this Agreement, DMAI hereby grants to you a limited and non-exclusive right to install, run, access and use the Application (“App”) in object code form only for the purposes described in this Agreement or otherwise as may be instructed or described by DMAI in writing.
- LICENSE TERMS. DMAI grants to you a non-exclusive, non-sublicensable, non-transferable license to (a) use and download the SIT AND PLAY App for your use; and (b) use the documentation in connection with such use of the App Software. Any modifications, upgrades, error corrections or other updates to the App provided to you by DMAI shall be deemed part of this License Agreement.
- REVISIONS AND UPDATES. You agree that DMAI may, but is not required to, provide modifications, upgrades, error corrections or other updates, including automatically-installed modifications, upgrades, error corrections or updates (collectively, “Updates”) to the SIT AND PLAY App, and thus may modify, with or without your knowledge, the App that you have already installed. These Updates may include changes or improvements to the App technology or other similar security system used by DMAI to protect against the unauthorized copying of the App Software. You agree and consent to the automatic installation or application of these Updates and to only use the most updated version of the App Software provided to you by DMAI.
- SOFTWARE RESTRICTIONS. You may not and may not authorize others to reverse engineer, decompile, disassemble, translate or attempt to learn the source code of the App. You may not copy, modify, create derivative works of, distribute, sell, assign, pledge, sublicense, lease, loan, rent, timeshare, deliver or otherwise transfer the App. You may not remove, alter or add any copyright, trademarks, trade names, logos, notices, or markings contained on the App. You agree not to violate, tamper with or circumvent any DRM, security systems or measures. If the Software provides you with the ability to create, modify, print, send and/or save images or video clips containing copyrighted characters or other copyrighted material, this Agreement allows you to use such images or video only for your own personal use and not for any commercial purpose whatsoever. You may not sell or publicly display such images or video or any material containing such images or video, including, but not limited to, in connection with any advertising or promotional materials, whether or not for profit. You agree further that you will preserve all copyright notices and trademark notices that the App embeds within the display of all images and media.
- OWNERSHIP. The App is owned by DMAI or its licensors and is protected by United States and international copyright and other intellectual property laws. The App may only be used by you in accordance with this Agreement. The App is licensed to you for your use, not sold to you. Except as specifically set forth in this Agreement, DMAI retains all right, title and interest, including all intellectual property rights, in and to the App. The App may contain open source software that requires DMAI to make available to you certain notices and/or code as well as providing you with license terms governing your rights to any such open source code. For more information on open source code, see https://animalisland.us/open-source-and-third-party.
- TERMINATION. This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by terminating use of the App. If you fail to comply with the provisions of this Agreement, then DMAI may immediately terminate this Agreement and all included licenses with or without notice to you. Upon termination of this Agreement, you agree to cease use of the SIT AND PLAY App.
- LIMITED WARRANTY. DMAI warrants the media on the App which is provided to you to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase, as evidenced by proof of purchase. Any nonconformity must be reported to DMAI in writing within the warranty period. Your sole and exclusive remedy under the foregoing warranty shall be for DMAI, at its option, to provide a replacement copy of the App Software or refund the purchase price of the App, if any. DMAI DOES NOT WARRANT THAT THE APP IS ERROR-FREE OR THAT IT IS SUITABLE FOR YOUR PURPOSES. DMAI MAKES NO WARRANTIES OTHER THAN THOSE SET FORTH ABOVE, AND DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE APP, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DMAI, ITS RESELLERS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions and limitations may not apply to you. In such event, the scope and duration of any such warranty shall be the minimum required under applicable law.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL DMAI BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF DATA OR OTHER INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE APP, EVEN IF DMAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN NO EVENT WILL DMAI’S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID FOR THE APP, IF ANY. Some jurisdictions do not allow the exclusions and limitations of certain types of damages, so some of the foregoing may not apply to you.
- COMPLIANCE WITH LAWS. You agree to use the App in compliance with all applicable federal, international, state, and local laws and regulations including, without limitation, all U.S. federal laws governing the export or re-export of the App.
- U.S. GOVERNMENT END USERS. The App is a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the App with only the rights set forth in such regulations.
- LAW AND VENUE. This Agreement is governed by the laws of the State of California, without reference to its principles of conflicts of laws. You expressly agree that exclusive jurisdiction and venue for any claim or dispute with DMAI or relating in any way to your use of the App resides in the state or federal courts of Los Angeles County, California. You hereby irrevocably consent to the personal and exclusive jurisdiction and venue of these courts.
- SEVERABILITY. If any provision of this Agreement shall be unlawful, void or unenforceable in your jurisdiction, then that provision shall be deemed severed from this Agreement and shall not affect the validity or enforceability of the remaining provisions of this Agreement.
- MISCELLANEOUS. This Agreement is the complete, final and exclusive statement of the agreement between you and DMAI with respect to the App and supersedes any proposal or prior or contemporaneous agreement or communications between us, whether oral or written, relating to the subject matter hereof. This Agreement may only be modified in a writing signed by both parties. No failure or delay, in whole or in part, on the part of either party to exercise any right or remedy available under this Agreement shall operate as a waiver of such right or remedy, or affect any other right or remedy. Waiver of a breach shall not waive the right to enforce any subsequent breach under this Agreement.