Last updated April 2023
PLEASE READ THESE TERMS OF USE CAREFULLY. These terms of use (“Agreement”) govern your use of our Dals Learning Platform, products, and/or services (collectively, “Products”) and any information, content or appearing on or through the Products (collectively referred to as “Content”). Dals Learning reserves the right, at any time, to modify, alter, update or remove portions of this Agreement. Please check this Agreement (as well as our privacy policy ("Privacy Policy")) from time to time as your continued use of the Product signifies your acceptance of any changed items.
Subject to the terms and conditions of this Agreement and any agreement entered into by your institution relating to the Products, Dals Learning grants you a limited, non-exclusive, non-transferable, license to access and use the Products. You shall not
Dals Learning current Privacy Policy is incorporated herein by reference and made part of this Agreement. You understand that through your use of the products, you consent to the collection and use (as set forth in this Agreement, the Privacy Policy and any agreement entered into by your or your institution relating to the Product) of your information for hosting, processing and use by Dals Learning.
All right, title, and interest in and to the Products and all underlying ideas, concepts, procedures, processes, principles, know-how, methods of operation, images, source code, and specifications related thereto, together with any updates, enhancements, modifications, improvements or derivatives works thereto, in each case including all copyrights, trade names, trademarks and other intellectual property rights therein (collectively, the “Dals Learning”), is, and shall remain the sole and exclusive property of Dals Learning. Certain Dals Learning IP is protected by copyright laws (and other laws relating to intellectual property). The Products are licensed, not sold, to you hereunder and, except for the express limited license rights granted to you in accordance with the terms of this Agreement, no right, title or interest in or to the Dals Learning IP is granted or otherwise transferred by Dals Learning in connection with this Agreement. Dals Learning shall have, and you hereby grant to Dals Learning, a royalty-free, perpetual, worldwide, non-exclusive, irrevocable right to use or incorporate into the Products and/or any specifications, without restriction or obligation, any suggestions, enhancements, recommendations or other feedback provided by you with respect to the Products.
Dals Learning may suspend or terminate your account or cease providing you with access to our Products, without notice, for any conduct that Dals Learning, in its sole discretion, believes is in violation of any applicable law or the terms of this Agreement. The sections titled “Privacy,” “Your Content,” “Dals Learning’s Rights,” “Termination,” “Indemnification”, “Limitation of Liability, “Disclaimer of Warranties,” “Indemnification,” “Miscellaneous” shall survive any termination of this Agreement.
You agree to indemnify, defend and hold harmless Dals Learning and Dals Learning’s officers, directors, employees, agents, and representatives, from and against any and all claims, damages, expenses, judgments, fines, and amounts paid in settlement in connection with any proceeding arising from your breach of this Agreement or your use of the Products (except for any gross negligence on the part of Dals Learning).
You expressly understand and agree that to the maximum extent permitted by applicable law, your use of our products is at your sole risk, and our products are provided “as-is” and without warranty of any kind, either express or implied, including but not limited to any implied warranty of merchantability, fitness for a particular purpose or use, quality, productiveness or capacity, or that the operation of the software included within the products will be error free. All other warranties relating to the products or this agreement are hereby expressly disclaimed by Dals Learning. Dals Learning makes no warranty or representation that (a) the products will meet your requirements; (b) your use of the products will be uninterrupted, timely, secure or error-free or (c) any errors in the products will be corrected. Dals Learning does not support, endorse or make any representations or warranties regarding, any third party products, services and/or promotions, and in no event will Dals Learning have any liability whatsoever in connection therewith. In no event will Dals Learning, its developers, or its suppliers be liable for any lost profits, lost opportunity, lost savings, loss of goodwill, lost business, loss of anticipated benefits, business interruption, loss of business information, loss of or damage to data, computer failure or malfunction, or any indirect, special, incidental, consequential, or punitive damages arising out of or as a result of this agreement, the use of or inability to use the products or the provision of services, even if Dals Learning has been advised of the possibility of such damages. In no event will Dals Learning’s, its developers’ or suppliers’ entire liability for all claims arising out of or as a result of this agreement exceed the greater of twenty five dollars ($25) or the amount you actually paid Dals Learning in the twelve (12) months preceding the incident giving rise to liability. the foregoing limitations will apply whether an action is in contract or tort and regardless of the theory of liability.