I (“Customer”, “You”, and “I”) hereby authorize Digi-Net Technologies, Inc. (“Digi-Net”) to charge my credit card. I affirm that I am legally authorized to use this credit card account and understand that the credit card below will be charged the recurring service fee as appropriate, according the schedule below. You will automatically be charged on on a monthly, quarterly or annual basis for the duration of the Agreement’s term as designated on the signup page. This Agreement will automatically renew for consecutive terms unless you cancel in writing thirty (30) days prior to the Term’s renewal date.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, DIGI-NET LICENSES THE SOFTWARE TO Customer ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIGI-NET AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, THE SUPPORT SERVICES OR ANY OTHER MATTER RELATING TO THIS AGREEMENT. NEITHER PARTY GUARANTEES THAT THE OPERATION OF ITS WEBSITE OR THE PERFORMANCE OF ITS ONLINE FUNCTIONS AND SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.
Each party shall indemnify and hold harmless the other party, its subsidiaries and affiliates, their respective directors, officers, employees, sub-clients, customers, agents, attorneys, affiliates, successors, and assigns from any and all claims, losses, liabilities, damages, suits, actions, government procedures, taxes, penalties or interest, associated auditing and legal expenses and other costs incurred (including reasonable attorneys’ fees and costs of suit) arising from this Agreement.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF DIGI-NET OR ANY OF ITS SUPPLIERS OR LICENSORS ARISING OUT OF THIS AGREEMENT WITH RESPECT TO ANY PARTICULAR SOFTWARE OR THE USE OR PERFORMANCE OF SUCH SOFTWARE OR ANY SUPPORT SERVICES OR CONSULTING SERVICES OR ANY OTHER MATTER RELATING TO THIS AGREEMENT EXCEED THE SUM OF THE FEES ACTUALLY PAID BY CLIENT HEREUNDER FOR SUCH SOFTWARE OR SUPPORT SERVICES OR CONSULTING SERVICES, AS THE CASE MAY BE, DURING MOST RECENT ONE MONTH PERIOD. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIGI-NET OR ANY OF ITS SUPPLIERS OR LICENSORS HAVE ANY LIABILITY TO CLIENT FOR ANY LOST PROFITS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT, PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE PARTIES AGREE THAT THIS SECTION 4 REPRESENTS A REASONABLE ALLOCATION OF RISK.
The software and all copies thereof, including any and all copyrights, patents, trade secret rights or other intellectual property rights with respect to the software, shall be and remain at all times the property of Digi-Net, and Customer shall have no right, title or interest therein except as expressly provided herein. All computer programs, documentation and other materials resulting from consulting services under this Agreement shall be the property of Digi-Net, and shall be considered part of the software licensed to Customer hereby.
Digi-Net shall provide to Customer support services with respect to the software. Customer will receive technical support by one or more of the following methods: telephone, e-mail, or World Wide Web.
I acknowledge the purchase of services in the amount (US Dollars) of the total shown herein and agree to perform the conditions set forth in my cardholder’s agreement with the card issuer.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The parties hereto acknowledge that should litigation be instituted, it shall be instituted in the Court of Alachua County, Florida and each further consents to the jurisdiction of those Courts.