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EULA
End user license agreement

Our EULA was last updated on 01/19/2023
Please read this End User License Agreement carefully before downloading or using the "DIY CAD Designer" application.

Knowledge
By downloading or using the Application, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not download or use the Application.
This Agreement is a legal document between you and Software Development Kemper Company and governs your use of the Application made available to you by Company.
This Agreement is solely between you and Software Development Kemper and not with the Store. Therefore, the company "Software Development Kemper" is solely responsible for the application and its content. Although the Store is not a party to this Agreement, it has the right to enforce it against you as a third party beneficiary in relation to yours.

Use of the Application.
Because the Application may be accessed and used by other users, such as through Family Sharing/Family Group, such users' use of the Application is expressly governed by this Agreement.
The Application is licensed, not sold, to you by Software Development Kemper for your exclusive use under the terms of this Agreement.

License
Scope of License
Software Development Kemper Company grants you a revocable, nonexclusive, non-transferable, limited license to download, install and use the Application in strict accordance with the terms of this Agreement.
You may only use the Application on a device that you own or control and as permitted by the terms and conditions of the Application Store.
The license granted to you by Company is solely for your personal, non-commercial use in strict accordance with the terms of this Agreement.
License Restrictions
You agree not to do this and you will not allow others to:
● License, sell, rent, lease, assign, distribute, transfer, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
● Remove, alter, or obscure any proprietary notices (including copyright or trademark notices) of Company or its affiliates, partners, suppliers, or licensors of the Application.
Intellectual property
The Application, including but not limited to all copyrights, patents, trademarks, trade secrets and other intellectual property rights are and will remain the sole and exclusive property of Software Development Kemper.
The company "Software Development Kemper" is under no obligation to indemnify or defend you with respect to claims of third parties arising out of or in connection with the application. To the extent Software Development Kemper Company is required to provide indemnification under applicable law, Software Development Kemper Company, not the Store, shall be solely responsible for the investigation, defence, settlement and discharge of any Claim that the Application or your use will infringe third parties.
Intellectual Property Rights.
Changes to the Application
Company reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Application or any service with which it is associated, with or without notice and without liability to you.
Application updates
Software Development Kemper Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.
Updates may change or delete certain features and/or functionality of the Application. You agree that Software Development Kemper has no obligation to (i) provide updates or (ii) continue to provide or enable any specific ones features and/or functionality of the application to you.
You further agree that any updates or other modifications shall be (i) considered an integral part of the Application and (ii) subject to the terms of this Agreement.
Maintenance and support
The company "Software Development Kemper" does not provide maintenance or support for downloading and using the application.
To the extent maintenance or support is required under applicable law, Software Development Kemper, not the Store, is obligated to provide such maintenance or support.
Third Party Services
The application can display, contain, or make available Third-Party Content (including data, information, applications, and other product services) or provide links to third party websites or services.
You acknowledge and agree that Software Development Kemper Company is not responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency and quality or any other aspect thereof. The company "Software Development Kemper" assumes no liability or responsibility to you or any other person or entity for third-party services.
When using the Application, you must comply with the applicable contractual terms of third parties. Third party services and links to them are provided solely as a courtesy to you, and you access and use them entirely at your own risk and subject to the terms and conditions of those third parties.
Term and Termination
This Agreement will remain in effect until terminated by you or Software Development Kemper Company. Software Development Kemper Company may, in its sole discretion, suspend or terminate this Agreement at any time and for any reason, with or without notice.
This Agreement will terminate immediately and without prior notice from Software Development Kemper if you fail to comply with any provision of this Agreement. You may also terminate this Agreement by removing the Application and all copies thereof from your device or from your computer.
Upon termination of this Agreement, you will cease using the Application and delete all copies of the Application from your device.
Termination of this Agreement shall not limit any of Company's rights or remedies at law or in equity if (during the term of this Agreement) you breach any of your obligations under this Agreement.
Damage payment
You agree to indemnify and hold harmless the Company, affiliates, officers, employees, agents, partners and licensors (if any) from any claim or demand, including reasonable attorneys.
Fees arising out of or arising out of your: (a) use of the Application; (b) breach of this Agreement or any law or regulation; or (c) infringement of any third-party rights.
No guarantees
The Application is provided to you "AS IS" and "AS AVAILABLE" and with all errors and defects, without warranty of any kind. To the maximum extent permitted by applicable law, Company alone, on behalf of and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, express, implied, statutory or otherwise, with respect to the Application, including any implied warranties of merchantability, Fitness for a particular purpose, title and non-infringement, and warranties which may arise from course of business, performance, use or trade practice. Without limiting the foregoing, Company makes no warranties or representations and makes no representations that the Application will meet your needs or achieve any intended results, be compatible or work with any other software, application, system or service, work without interruption, all Meet standards of performance or reliability, or be error-free, or contain errors or defects, or will be corrected.
Without limiting the foregoing, neither the company "Software Development Kemper" nor any of the company's providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application or the information, content and materials or products contained therein; (ii) that the Application is complete and error-free; (iii) as to the accuracy, reliability or timeliness of any information or content provided through the Application; or (iv) that the Application, its servers, content or e-mails sent by or on behalf of Company are free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on the statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
But in such event, the exclusions and limitations set forth in this section shall apply to the maximum extent permitted under applicable law. To the extent that a statutory warranty exists, the Company, not the Store, is solely responsible for that warranty.
Limitation of Liability
Notwithstanding any damages you may suffer, the Company's and any of its suppliers' entire liability under any provision of this Agreement and your exclusive remedy for any of the foregoing shall be limited to the amount actually paid by you for or through the Application or 9 $.99.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect or consequential damages of any kind (including but not limited to damages for lost profits, loss of data or other information, for business interruption, for personal injury , loss of privacy arising out of or in any way related to the use of or inability to use the Third Party Application software and/or hardware used with the Application or otherwise related to any provision of this Agreement), even if the company or a supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. The above limitation or exclusion may not apply to you.
You expressly understand and agree that the Store, its subsidiaries and affiliates, and its licensors shall not be liable to you under any theory of liability for any direct, indirect, incidental, special, consequential or exemplary damages you may suffer, including loss of data.
Neither the store nor its representatives were informed or should have known about it.
Severability Clause
If any provision of this Agreement is determined to be unenforceable or invalid, that provision will be modified and construed to achieve the objectives of that provision to the greatest extent possible under the applicable conditions, and the remaining provisions will remain in full force and effect.
Waiver
Except as provided herein, failure to exercise any right or require performance of any obligation. Nothing in this Agreement will affect either party's ability to exercise this right or to request any such service at all. Nor does the waiver constitute a waiver of any subsequent breach.
Product claims
The company makes no guarantees regarding the application. To the extent you have a claim arising out of or related to your use of the Application, the Company, not the Store, is responsible for handling such claims, which may include, but are not limited to: (i) any product liability claims; (ii) any claim that the Application fails to comply with any applicable legal or regulatory requirement; and (iii) any claims arising under consumer protection or similar legislation.
Legal Compliance in the United States
You represent and warrant that (i) you are not located in a country that is subject to a United States government embargo or has been designated a "terrorist supporting" country by the United States government, and (ii) you are not in a US Government List of Prohibited or Restricted Parties.
Changes to this Agreement
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will post it at least 30 days before any new terms take effect. What constitutes a material change will be determined at the Company's sole discretion.
By continuing to access or use the Application after changes have taken effect, you agree to be bound by the revised Terms. If you do not agree to the new terms, you are no longer authorized to use the application.
Governing Law
The laws of the country, excluding conflict of law rules, govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national or international laws.
whole agreement
The Agreement constitutes the entire agreement between you and Company with respect to your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and Company.
Contact us
If you have any questions about this Agreement, you can contact us:
- By visiting this page on our website: www.kemper-apps.com
- By sending us an email: contact.kemper.apps@gmail.com