Terms and Conditions
By purchasing our software, you (the “Licensee”) are agreeing to be bound by the terms and conditions of the software’s End User License Agreement (“EULA”) as the Licensee of the Software. Our Software is licensed to you, not sold, for use only under the terms of its EULA, which gives you some limited rights to use the Software. All other rights associated with the Software are reserved by its author and owner Digital Appworks LLC (“DAW”, or “Licensor”).
Software shall include the executable program file and all of its accompanying core files and folders.
1. Our software EULAs are binding legal agreements between DAW and Licensees.
2. Licensee acknowledges that our EULAs are a limited, nonexclusive license to use the Software in accordance with the terms of the EULA. DAW is and remains the owner of all titles, rights, and interests in the Software.
3. Our EULA only permits Licensee to install the Software on one or more computer systems or drives that Licensee personally owns, which can include a single computer their Employer has provided for their exclusive use during their employment. Licensee will not make copies of the Software or allow copies of the Software to be made by others, unless authorized by the EULA. Licensee may make backup copies of the Software only for the purpose of (1) archival use of data or (2) restoring the Software.
4. Licensee may not make the Software available over a network, or publish, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or in any way commercially exploit the Software or make it available to any party other than Licensee and DAW.
5. DAW reserves the right to modify, suspend or discontinue, temporarily or permanently, our Software, with or without notice to Licensee and without liability to the Licensor.
6. Our EULAs shall remain in effect until terminated by the Licensee or DAW. DAW may, in its sole discretion, at any time and for any or no reason, suspend or terminate its EULAs with or without prior notice to the Licensee. The EULA will terminate immediately, without prior notice from DAW, in the event that the Licensee fails to comply with any provision of the EULA. Licensee may also terminate the EULA by destroying all of the Software files, including the installer, and all copies of the Software on all Licensee computers and drives it owns, as well as any copy of the Software that has been installed on any other computer or drive in violation of the EULA.
7. DAW reserves the right, at its sole discretion, to modify or replace its EULA at any time, without notice to Licensee. If a revision is material DAW will attempt to provide a notice to Licensee of such revision at least 30 days prior to any such revision taking effect. Whether a revision to the Software is material will be determined at DAW’s sole discretion. DAW will post any such notice on its web site, and send an email to the Licensee at their last known email address that it maintains on the DAW website registration records.
8. LICENSEE ACKNOWLEDGES AND AGREES THAT DAW SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT LICENSEE’S USE OF OR RELIANCE ON THE SOFTWARE IS AT ITS SOLE RISK AND DISCRETION. DAW AND ITS AFFILIATES, PARTNERS, SUPPLIERS, AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES REGARDING THE SOFTWARE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, DAW MAKES NO WARRANTY THAT (1) THE SOFTWARE WILL MEET LICENSEE’S; REQUIREMENTS; (2) THE SOFTWARE WILL BE ACCURATE, RELIABLE, SECURE, OR ERROR-FREE; (3) THE SOFTWARE QUALITY WILL MEET LICENSEE’S EXPECTATIONS; (4) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; AND (5) THE SOFTWARE WILL FUNCTION AS ADVERTISED AND DESIGNED.
9. LIMITATION ON AND EXCLUSION OF DAMAGES: LICENSEE CAN RECOVER FROM DAW ONLY DIRECT DAMAGES UP TO THE AMOUNT LICENSEE PAID FOR THE SOFTWARE. UNDER NO CIRCUMSTANCES CAN LICENSOR EVER BE LIABLE TO LICENSEE FOR ANY OTHER TYPES OR CATEGORIES OF DAMAGES, INCLUDING LOST PROFITS AND/OR CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORSEEABLE AND WHETHER OR NOT THE LICENSOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Licensee agrees to defend and indemnify DAW and hold DAW harmless from all claims, losses, damages, complaints, or expenses incurred by Licensee in connection with or resulting from Licensee’s use of the Software.
11. DAW’s “Courier” app is subject to export restrictions of the United States Government. If you are (a) in a country to which export from the United States is restricted for anti-terrorism reasons, or a national of any such country, wherever located, (b) in a country to which the United States has embargoed or restricted the export of goods or services, or a national of any such country, wherever located, or (c) a person or entity who has been prohibited from participating in United States export transactions by any agency of the United States Government, then you may not install, download, access, use, or license our Software. By accepting this License, you warrant and represent to DAW that (1) you do not match the criteria set forth in (a), (b), or (c) above, (2) that you will not export or re-export the Software to any country, person, or entity subject to U.S. export restrictions, including those persons and entities that match the criteria set forth in (a), (b), or (c) above, and (3) that neither the United States Bureau of Industry and Security, nor any other U.S. federal agency, has suspended, revoked, or denied your export privileges. For more information about export restrictions, please click here.
12. All matters arising out of or relating to this EULA shall be governed by and construed in accordance with the internal laws of the State of Georgia USA without giving effect to any choice or conflict of law provision or rule.
13. Our EULAs are valid without an authorized DAW agent’s signature, and our EULAs become effective upon the date the Licensee first installs the Software on a computer or drive in accordance with the terms of the EULA.
Our software is fully functional, and documented in detail in our Knowledgebase, including numerous screenshots. We strongly encourage you to thoroughly review this information before making a decision to purchase. If you’re not a customer and have any questions about our refund policy, please click here to contact us.
We offer refunds on a limited basis. All refund requests must be made (1) within 30 calendar days of purchase date, and (2) one of the following situations must apply:
- Too many licenses were ordered
- please click here to open a support ticket, select issue=Other, then request a refund (must be logged in as a customer to open a support ticket)
- we will promptly review your request and respond
- Software is incompatible with customer equipment
- please click here to open a support ticket to confirm incompatibility (must be logged in as a customer to open a support ticket). If DAW Support cannot resolve the incompatibility, you may proceed with the steps below.
- delete all copies of the Software installer (ex/ CourierSetup.exe) from any computers/devices you saved it to
- for each installation you’ve made, run the included Software uninstaller
- uninstaller is found in the installation’s main folder (ex/ C:\Courier\CourierUninstaller.exe)
- please click here to download our Affadavit of Software Destruction then print it
- complete and sign the Affadavit as you have the document notarized by a Notary Public
- return a copy of the notarized Affadavit to DAW per the Affadavit’s instructions
- we will promptly review your request and respond via email
Our key goal is for you to be a happy customer. We are eagerly standing by to help with any issues. Please click here to open a support ticket anytime.