RENTAL TERMS AND CONDITIONS
- The RENTER shall keep and maintain the rented Digital Software during the terms of the rental at his own cost and expense. He shall keep the Digital Software in good faith, without altering, analyzing, or otherwise tampering without the program files or key information.
- The RENTER shall pay the OWNER full compensation for and/or repair of any digital software which is not returned because it is suspended, banned, or otherwise compromised such that the original owner is unable to use it without encumbrance. The OWNER’s invoice for replacement or repair is conclusively decided as the fair market value of the software at the time the software is compromised.
- The RENTER shall inform the OWNER upon demand of the exact location and status of the Digital Software while it is in the RENTERS’s possession
- The Digital Software shall be delivered to RENTER and returned to OWNER at the RENTER’s risk, cost and expense. If a periodic rental rate is charged by OWNER, rental charges are billed to the RENTER for each period or portions of the period form the time the Digital Software is delivered to RENTER until its return. If a term rental rate is charged by OWNER, rental charges are billed to the RENTER for the full term even if the Digital Software is returned before the end of the term. If the Digital Software is not returned during or at the end of the term, then the rental charges shall continue on a full-term basis for any additional term or portion thereof until the Digital Software is returned.
- No allowance will be made for any rented Digital Software or portion thereof which is claimed not to have been used. Acceptance of returned Digital Software by OWNER does not constitute a waiver of any of the rights OWNER has under the rental agreement.
- If the RENTER is in default of any of the terms and conditions of this agreement, the OWNER, and his agents, at the RENTER’s risk, cost and expense may at any time intervene and recover the rented Digital Software.
- The RENTER shall not pledge or encumber the rented Digital Software in any way. The OWNER may terminate this agreement immediately upon the failure of RENTER to make rental payments when due, or upon RENTER’s filling for protection from creditors in any court of competent jurisdiction.
- The OWNER makes no warranty of any kind regarding the rented Digital Software, except that OWNER shall replace the Digital Software with identical or similar Digital Software if the Digital Software fails to operate in accordance with the digital software companies’ specifications and operation instructions. Such replacement shall be made as soon as practicable after RENTER returns the non-conforming Digital Software.
- RENTER indemnifies and holds OWNER harmless for all injuries or damage of any kind for repossession and for all consequential and special damages for any claimed breach of warranty.
- The RENTER shall pay all reasonable attorney and other fees, the expenses and costs incurred by OWNER in protection its rights under this rental agreement and for any action taken OWNER to collect any amounts due the OWNER under this rental agreement.
- These terms are accepted by the RENTER upon delivery of the terms to the RENTER or the agent or other representative of RENTER.
- The RENTER agrees to fair use of the product, which includes agreement to not alter, substantially change, or otherwise crack or distribute the software. Any attempt to do so will be considered a breach of this agreement, and result in the immediate termination of the agreement without refund. Additionally, should the RENTER jeopardize or otherwise prevent the OWNER from use of the product, the RENTER is subject to all legal remedies available in accordance with this agreement.
- CHOICE OF LAW – All issues and questions concerning the construction, validity, enforcement and interpretation of this Agreement and the exhibits and schedules hereto shall be governed by, and construed in accordance with, the laws of the STATE OF MICHIGAN without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of MICHIGAN or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of MICHIGAN
- By clicking “I Agree” upon the https://www.tidalmarket.com/ confirm order page page the RENTER agrees he has read through all the terms above, and he understands the duties and liabilities associated with this agreement. Should the RENTER not be the age of majority, it must be read and agreed upon by a legal guardian.