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USER LICENSE AGREEMENT
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE
USING THIS PRODUCT. BY CLICKING THE ACCEPTANCE BUTTON, INSTALLING THE
APPLICATION, UTILIZING THE APPLICATION, AND/OR MAKING A BOOKING OR
APPOINTMENT UTILIZING THE APPLICATION, YOU ARE CONSENTING TO BE BOUND BY
AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF
THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE APPLICATION.
This Agreement sets forth the terms and conditions of your use of the accompanying Dream Hunt Fish
application (the "App"). For the purposes of this Agreement, "you" means you, the end user, and "Licensor"
means Dream Hunt Fish, LLC, and its owners, members, managers, shareholders, subsidiaries, insurers,
independent contractors, and affiliates. You and the Licensor are sometimes referred to as, singularly, each
a “Party,” and, collectively, the “Parties.”
License Grant. Licensor hereby grants to you a non-exclusive and non-transferable license to use the
App and related documentation (the "Documentation"), according to the provisions contained herein and
subject to payment of any applicable fees. You are not permitted to lease, rent, distribute or sublicense the
App or any rights therein. You also may not install the App on a network server, use the App in a time-
sharing arrangement or in any other unauthorized manner. Further, no license is granted to you in the human
readable code of the App (the source code). Except as provided below, this Agreement does not grant you
any rights to patents, copyrights, trade secrets, trademarks, or any other rights in the App and
Documentation.
You agree that you have no right, power or authority to make any modifications to or unauthorized copies
of the App. You may reproduce and provide one (1) copy of the App and Documentation for each device,
computer, or workstation on which the App is installed. Otherwise, the App and Documentation may be
copied only as essential for backup or archive purposes.
No Assignment; No Transfer. You agree not to transfer or assign the App and/or this Agreement to
another party without the prior written consent of Licensor. If such consent is given and you transfer or
assign the App and/or this Agreement, then you must at the same time either transfer any copies of the App
and Documentation to the same party or destroy or return to Licensor any such materials not transferred.
Except as set forth above, you may not transfer or assign the App or rights under this Agreement.
No Modification; No Reverse Engineering. You agree not to modify, translate, reverse engineer,
decompile, disassemble, or create derivative works of the App or assist someone in performing such
prohibited acts.
Import/Export Restrictions. You agree not to import or export the App or any Documentation (or any
copies thereof) or any products utilizing the App or any Documentation in violation of any applicable laws
or regulations of the United States or the country to which you have imported or exported. You agree to
indemnify Licensor from liability if you violate any such laws or regulations.
Title. You agree that Licensor owns and holds title to the App and any Documentation and all
subsequent copies thereof regardless of the form or media. Furthermore, title, ownership rights, and
intellectual property rights in the App and any Documentation shall remain with Licensor. The App and any
Documentation are protected by copyright and other intellectual property laws and by international treaties.
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Term and Termination. This license will be perpetual from the date that you first use the App, if the
license is not earlier terminated. You may terminate this license at any time by destroying or deleting the
App and any Documentation together with all copies and merged portions in any form. Your license for the
App will also terminate immediately if you fail to comply with any term or condition of this Agreement,
file for bankruptcy, or are placed in receivership. Upon such termination, you agree to destroy or delete the
App and Documentation, together with all copies thereof. You agree that you will not be entitled to a refund
of any applicable license fee upon early termination of this Agreement.
Governing Law. The laws of the State of Arkansas shall govern the construction of this Agreement and
you agree to be subject to personal jurisdiction in the State of Arkansas for the purposes of enforcing the
provisions of this Agreement. Any dispute involving Licensor and relating in any way to this Agreement or
the App shall be subject to the sole and exclusive jurisdiction of the American Arbitration Association. Any
dispute involving Licensor and relating in any way to this Agreement or the App shall be decided by a single
arbitrator affiliated with the American Arbitration Association who resides or has offices in the State of
Arkansas. Any arbitration involving Licensor and relating in any way to this Agreement or the App shall
take place in the State of Arkansas.
No Warranty. Licensor does not warrant that your use of the App will be uninterrupted or, that the
operation of the App will be error-free. Licensor does not warrant that your use of the App will not cause
injury or damage to your hardware, phone, computer, or other device.
No Liability for Damages or Injuries by Third Parties. The Parties acknowledge that the purpose of
the App is to facilitate bookings with third parties, generally regarding sporting activities such as hunting
and fishing (sometimes herein, a “Booking”). You acknowledge and understand that such activities can
involve a degree of danger, up to and including serious and grievous bodily injury and death. In the event
that you or anyone participating in a Booking with you are injured, you agree on your behalf and on behalf
of anyone participating in a Booking with you to hold harmless and fully release Licensor from any liability
regarding such injury, up to including serious bodily injury and death. You agree that Licensor shall have
no responsibility for any Booking or any damages or injury occurring at, occurring during, or relating in
any way to a Booking, and that Licensor’s sole purpose and service is to connect you with a third party to
initiate a Booking. You agree and acknowledge that the terms of the Booking, including payment by you
and performance by the third party, is a separate transaction not involving Licensor. If the third party’s
Booking is deficient in any way, you agree that Licensor shall bear no responsibility for such deficiency
and any damage, injury, or refund shall be a matter solely between you and the third party.
Specific Release and Indemnity Regarding Bookings. Licensor shall not be responsible for injury,
including grievous bodily injury or death, to you or anyone participating in a Booking. You, and anyone
participating in a Booking with you, agree not to make Licensor a party to any lawsuit, arbitration,
complaint, or litigation (any “Action”) regarding any damage or injury sustained regarding a Booking. In
the event Licensor is made a party to an Action relating in any way to a Booking made by you, you agree
to indemnify and hold harmless Licensor from any costs, expenses, injuries, damages, or other monetary
expenditures associated with such Action, including but not necessarily limited to reasonable attorney’s
fees and any award issued against Licensor in any Action. In the event Licensor is made party to an Action
relating in any way to a Booking made by you, you agree to, immediately upon notice of such Action by
Licensor, secure competent legal counsel for Licensor at your sole and exclusive expense.
Licensor's sole liability regarding this Agreement or your use of the App shall be, in Licensor's sole
discretion (i) to replace the App, or (ii) to advise you how to achieve substantially the same functionality
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with the App as described in any Documentation through a procedure different from that set forth in any
Documentation, or (iii) if the above remedies are impracticable, to refund any license fee you paid for the
App.
THE TERMS SET FORTH IN THIS AGREEMENT ARE THE ONLY WARRANTY OR PROMISE
MADE BY LICENSOR. LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD
PARTIES' RIGHTS. TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF
STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO ONE (1) MONTH
FOLLOWING YOUR FIRST INSTALLATION OF THE APP OR THE MINIMUM PERIOD
PERMITTED BY LAW, WHICHEVER IS SHORTER. MOREOVER, IN NO EVENT WILL
WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY
BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT,
OR EMPLOYEE OF LICENSOR IS AUTHORIZED TO MAKE ANY MODIFICATIONS,
EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY. THE ENTIRE RISK ARISING
OUT OF USE OR PERFORMANCE OF THE APP REMAINS WITH YOU.
Limitation of Remedies. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY
SHALL LICENSOR, OR ITS SUPPLIERS, OWNERS, VENDORS, AFFILIATES, RESELLERS, OR
ANY PARTY IN PRIVITY WITH LICENSOR, BE LIABLE TO YOU OR ANY OTHER PERSON FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
LOST PROFITS, BUSINESS INTERRUPTIONS, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR
LOSSES ARISING FROM THE USE OR INABILITY TO USE THE APP (WHETHER OR NOT DUE
TO ANY DEFECTS THEREIN). IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES
EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES
OR SUCH DAMAGES WERE REASONABLY FORESEEABLE, OR FOR ANY CLAIM BY ANY
OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
DEATH OR PERSONAL INJURY RESULTING FROM LICENSOR'S NEGLIGENCE ONLY TO THE
EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. IN NO EVENT SHALL
LICENSOR'S LIABILITY EXCEED THE PURCHASE PRICE, IF ANY, PAID BY YOU FOR THE APP.
Class Action Waiver. THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST
THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR
REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR
DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER
PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR
REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE
PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS
ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT
WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO
INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR
OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR
REPRESENTATIVE ACTION.
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Indemnification. You agree to defend, indemnify and hold harmless Licensor, its suppliers, owners,
vendors, affiliates, and resellers from and against liabilities, costs, damages and expenses (including
settlement costs and reasonable attorneys' fees) arising from any claims by or from anyone that result from
or relate to your use, reproduction, or distribution of the App or any services relating in any way to the App,
including but in no way limited to any claims by or from anyone that result from or relate in any way to a
Booking.
Severability. In the event any provision of this Agreement is found to be invalid, illegal or
unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any
way be affected or impaired.
Entire Agreement. You further agree that this Agreement is the complete and exclusive statement of
the agreement between you and Licensor which supersedes all proposals or prior agreements, oral or written,
and all other communications between you and Licensor relating to the subject matter of this agreement.
This Agreement may only be modified by a written agreement signed by both you and an authorized
representative of Licensor.
Acknowledgement. By downloading, installing or using any part of this App, you indicate that you
have read this Agreement, understand it, and agree to be bound by its terms and conditions.
Force Majeure. Licensor shall not be liable hereunder for any failure or delay in the performance of its
obligations under this Agreement if such failure or delay is on account of causes beyond its control,
including labor disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations
or controls, casualty, government authority, strikes, illness, pandemic, or acts of God, in which event
Licensor shall be excused from its obligations for the period of the delay and for a reasonable time thereafter.
