CAREFULLY READ THE
FOLLOWING LICENSE AGREEMENT. YOU ACCEPT AND AGREE TO BE BOUND
BY THIS LICENSE AGREEMENT BY CLICKING THE ICON LABELED "I
ACCEPT" OR PUTTING A CHECK IN THE CHECK BOX INDICATING THAT
YOU HAVE READ THIS AGREEMENT AND ACCEPT IT’S TERMS. IF YOU DO
NOT AGREE TO THIS LICENSE, YOUR ORDER WILL BE CANCELED, THE SOFTWARE
WILL NOT BE DOWNLOADED AND YOU WILL NOT BE CHARGED.
License Grant
"You" means the person
or company who is being licensed to use the Software or Documentation.
"We," "us" and "our" means Resale-Rights.com
(in association with F.A.S.T., Inc.).
We hereby grant you a nonexclusive
license to copy of the Software for use for yourself and/or to
sell to another individual.
Income Claims
We make no claims of any income for
the use and reselling of this software. Income is solely up to the
individual and how much time, experience and due diligence each
person dedicates to this or any home business. Do not
purchase this software based upon any claims of income. We
do not guarantee any amount of income from this
product.
Title
We remain the owner of all right,
title and interest in the Software and related explanatory written
materials ("Documentation").
Archival or Backup Copies
You may copy the Software for back
up and archival purposes, provided that the original and each
copy is kept in your possession and that your installation and
use of the Software does not exceed that allowed in the "License
Grant" section above.
Transfers
You may transfer all your rights
to use the Software and Documentation to another person or legal
entity provided you transfer this Agreement, the Software and
Documentation, including all copies, updates and prior versions
to such person or entity and that you retain no copies, including
copies stored on computer.
Limited Warranty
We warrant that for a period of 90
days after delivery of this copy of the Software to you:
The media on which this copy
of the Software is provided to you will be free from defects
in materials and workmanship under normal use, and
The Software will perform in
substantial accordance with the Documentation.
To the extent permitted by applicable
law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES
OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL
IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY
OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, regardless of whether we know or had reason to know of
your particular needs. No employee, agent, dealer or distributor
of ours is authorized to modify this limited warranty, or to make
any additional warranties.
SOME STATES DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limited Remedy
Our entire liability and your exclusive
remedy for breach of the foregoing warranty shall be, at our option,
to either:
Return the price you paid, or
Repair or replace the Software
or media that does not meet the foregoing warranty if it is
returned to us with a copy of your receipt.
IN NO EVENT WILL WE BE LIABLE TO
YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS,
OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE
USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED
DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE
DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Term and Termination
This license agreement takes effect
upon your use of the software and remains effective until terminated.
You may terminate it at any time by destroying all copies of the
Software and Documentation in your possession. It will also automatically
terminate if you fail to comply with any term or condition of
this license agreement. You agree on termination of this license
to destroy all copies of the Software and Documentation in your
possession.
Confidentiality
The Software contains trade secrets
and proprietary know-how that belong to us and it is being made
available to you in strict confidence. ANY USE OR DISCLOSURE OF
THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER
THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE
ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
Disputes
This license agreement shall be governed
by, construed and enforced in accordance with the laws of
Florida, as it is applied to agreements entered into and to
be performed entirely within such jurisdiction.
To the extent you have in any manner
violated or threatened to violate Resale-Rights.com (in association
with F.A.S.T., Inc. and J Fenlason) and/or its affiliates
may seek injunctive or other appropriate relief in any state or
federal court in the State of Florida, and you consent to exclusive
jurisdiction and venue in such courts.
Any other disputes will be resolved
as follows:
If a dispute arises under this agreement,
we agree to first try to resolve it with the help of a mutually
agreed-upon mediator in the following location: Martin County,
Florida. Any costs and fees other than attorney fees associated
with the mediation will be shared equally by each of us.
If it proves impossible to arrive
at a mutually satisfactory solution through mediation, we agree
to submit the dispute to binding arbitration at the following
location: Martin County, Florida, under the rules of the American
Arbitration Association. Judgment upon the award rendered by the
arbitration may be entered in any court with jurisdiction to do
so.
General Provisions
This written license agreement is the exclusive
agreement between you and us concerning the Software and Documentation
and supersedes any prior purchase order, communication, advertising
or representation concerning the Software.
This license agreement may be modified only
by a writing signed by you and us.
In the event of litigation between you and
us concerning the Software or Documentation, the prevailing
party in the litigation will be entitled to recover attorney
fees and expenses from the other party.
You agree that the Software will not be shipped,
transferred or exported into any country or used in any manner
prohibited by the United States Export Administration Act
or any other export laws, restrictions or regulations.
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