Privacy. Institution understands that the fulfillment of the End-User-Student requests contemplated in this SA will likely require the collection and forwarding off some personally identifiable information (PII). With regards such PII, Institution agrees to: i) only use PII in accordance with applicable law, ii) only use PII for the purpose of completing and servicing the transaction contemplated, iii) maintain PII no longer than necessary to that purpose, iv) keep PII secure from unauthorized access, iv) comport with such privacy guidance as DSS may later provide regarding PII (including that required under the European Union GDPR), and v) provide reasonable assistance to DSS in enforcing its own privacy policies as they appear now or later at www.dstewart.com. At no time will End-User-Student credit card numbers be communicated to, tracked by, or stored by DSS.

Taxes:  While DSS shall collect sales, use, duty, customs, or other governmental taxes (Taxes) where it believes it has an obligation to do so, you remain ultimately responsible for any Taxes due with respect your software reservation. DSS shall present a Tax estimate at checkout, but the Taxes actually due or charged may differ because of differences between our systems and changes in the applicable tax rates. You will retain an obligation to report and pay Taxes where such is not otherwise performed by DSS.  

Errors: While DSS strives to keep errors to a minimum, DSS also reserves the right to correct errors and/or revise reservation requests (including reservation price) where an error has occurred or, alternatively, to cancel erroneous reservations and refund the amount charged.

Warranties: ALL SOFTWARE RESERVATIONS, WEBSITE APPLICATIONS, AND SERVICES UNDER THESE TERMS ARE PROVIDED “AS IS” WITHOUT DSC WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

Reservation of Rights: Apart from your normal access and use of the website, you may not otherwise use any intellectual property belonging to DSS (or sublicensed by DSS) or its derivatives for any other purpose without DSS’s express written permission. Such intellectual properties may include text, graphics, images, photographs, videos, domain names, illustrations, trademarks, trade names, service marks, logos, slogans, trade dress, and the general look and feel of the DSS website(s). Except as granted in these Terms, DSS and its licensors reserve all rights in and to the website and its elements.

Limits on Non-Direct Damages: DSS shall not be liable to you or any third party beneficiary under any legal theory, including those based in contract, tort, negligence, warranty, or otherwise – for any indirect, consequential, incidental or special damages arising out these Terms or the website even if DSS was previously advised as to the possibility of such damages; except in those jurisdictions where such limitations are not allowed, in which case these limitations will apply to the fully extent allowed.

Liability Cap: The total liability applicable to DSS for any claim arising out of or relating to these Terms or the website will not exceed the reservation price of the software directly related to that claim. Such limit shall not exclude liability for those things which cannot be excluded or limited under applicable law.

Release: To the fullest extent permitted by applicable law, you release DSS, as well as its owners, officers, managers, employees, agents, and contractors from responsibility, liability, claims, demands, or damages of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between you and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Indemnification: Should you materially breach these Terms, including those requiring you to keep your online account secure, you also agree to fully indemnify DSS for any loss, cost, or damage it may suffer in relation to that breach, including such costs as DSS may incur if a third party brings action against DSS in relation to your breach, and including without limit DSS’s reasonable attorney’s fees, court costs, and disbursements.

Timeliness of Claims: Any claim arising out of or related to these Terms or the services offered by DSS under these Terms must be filed within one year after the events giving rise to such claim, otherwise that claim shall be deemed barred and forfeit.

Controlling Law and Venue: These Terms and your access to and use of the website will be governed by, construed, and enforced in accordance with the laws of Wisconsin, without regard to conflict of law rules or principles (whether of Wisconsin or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties will be resolved in the state or federal courts of the United States, respectively, sitting in Dane County, Wisconsin.

Export Compliance:  You agree to comply with all Export Controls as they relate to your receipt and use of software reservations. You represent and warrant that: (a) you are not located in a country that is subject to a US Government embargo or designated by the U.S. Government as a “terrorist supporting” country; and (b) you do not appear on any US Government list of prohibited or restricted parties.

Government Users: If you are acting on or behalf of an agency of the US Government, you also acknowledge that: (a) any software obtained in connection with the services DSS offers under these Terms constitute “commercial computer software” or “commercial computer software documentation” for purposes of 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable; and (b) your agency's rights are limited to those rights specifically granted under these Terms.

Termination: DSS reserves the right, without notice and in at DSS’s sole discretion, to terminate your right to access or use the website. DSS shall not be responsible for any loss or harm related to your inability to access or use of the website.

Interpretation: If any provision or part of a provision of these Terms is found unlawful, void or unenforceable, that provision or part of the provision shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The failure of DSS to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity notwithstanding any incidental mention of those third parties.  You agree that communications and transactions between you and DSS may be conducted electronically.

“Export Controls,” both upper and lower case, shall mean all the United States and Canadian limits on exports, including those limiting sales to certain customers or regions as such may apply to all or part of Services. “Include” and “including,” both upper and lower case, shall mean including without limit. “You” and “your,” both upper and lower case, shall mean you, your parents/guardians if you are under 18, any entity for which you are acting as purchasing agent, or any other of your principal(s) for which you make use of the services DSS offers under these Terms as that principal’s agent or employee. All aspects of “you” and “your” shall be deemed jointly and severally liable for the performances due under these Terms.