END
USER LICENSE AGREEMENT
YOU
SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS
BEFORE OPENING THIS PACKAGE. OPENING THIS PACKAGE
MEANS YOU ACCEPT THESE TERMS AND CONDITIONS AND UNDERSTAND
THAT THEY WILL BE LEGALLY BINDING ON YOU, ANY END
USER, AND THE COMPANY. IF YOU DO NOT AGREE WITH THEM,
OR DO NOT WANT THEM TO BE BINDING ON YOU, YOU SHOULD
PROMPTLY RETURN THE PACKAGE UNOPENED FOR A FULL REFUND.
2.
OWNERSHIP
It is hereby understood and agreed that Tercium Entertainment, LLC (Licensor)
is the owner of all right title and interest to The Living Gospel (Program)
recorded on the enclosed disk/CD-ROM and all subsequent copies thereof, regardless
of the media or form in which the original disk or copies may exist. You, as
licensee (Licensee) through your purchase of this product do not acquire any
ownership rights to the Program.
3.
LICENSE
A. In consideration of the payment of a license fee, which is a percentage
of the price paid by Licensee for this product. Licensor hereby grants Licensee
a nonexclusive right to use and display this copy of the Program on a single
computer on a single video screen at a single location.
B.
It is understood and agreed that while the Program
is not "copy protected," Licensee shall
not copy the program into any machine-readable or
printed form except for archival or for backup or
modification purposes, nor shall Licensee modify the
Program and/or merge it into another computer program.
C.
All rights not expressly granted are hereby reserved
by Licensor.
4.
TERM
A. The license is effective until terminated. Licensee may terminate it at
any time by destroying the Program together with all copies thereof.
B.
This license will terminate upon conditions set forth
elsewhere within this Agreement or if Licensee fails
to comply with any term or condition of this Agreement.
In such event, no notice shall be required by Licensor
to effect such termination.
C.
Upon termination of this agreement, Licensee agrees
to destroy the Program together with all backup copies,
modifications, printed or written materials, and merged
portions in any form, or return same to Licensor at
Licensee's expense.
5.
RESTRICTIONS ON USE
A. Licensee may physically transfer the Program between computers provided
that it is used on only one computer at any given time.
B.
Except for the initial loading of the Program on a
hard disk or for archival/backup purposes as provided
for above, Licensee shall not, without Licensor's
express written consent:
1.
Copy or reproduce the Program;
2. Electronically transfer the Program through a LAN (local area network) or
other network system or though any computer subscriber system or "bulletin
board" system; or
3. Modify, adapt, or create derivative works based on the Program or any accompanying
materials.
6.
RESTRICTIONS ON TRANSFER
A. Licensee may transfer the Program and this license to another party if the
other party agrees to accept the terms and conditions of this Agreement. If
Licensee transfers the Program, Licensee must simultaneously either transfer
all copies whether in printed or machine-readable form to the same party or
destroy any copies not transferred, including all modifications and portions
of the program contained or merged into other programs.
B.
Licensee shall not sublicense, assign, or transfer
the license or the Program except as expressly provided
in this Agreement. Any attempt otherwise to sublicense,
assign, or transfer any of the rights, duties, or
obligations hereunder is void.
7.
UPDATES
Enclosed with this package is a program registration card. In the event that
upgraded versions of the Program are developed, Licensor may, at its discretion,
make such updates available to those Licensees that have returned this completed
registration card, paid any required fees, and returned the original Product
to Licensor.
8.
LIMITED WARRANTY
A. Licensor warrants the disks on which the Program is furnished to be free
from defects in materials and workmanship under normal use for a period of
ninety (90) days from the date of delivery to Licensee, as evidenced by your
receipt.
B.
Licensee shall assume responsibility for the selection
of the Program and for the installation, use, and
results obtained from the Program.
C.
THE PROGRAM IS PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM
WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION
OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE.
The entire risk as to the quality and performance
of the Program is with you. Should the Program prove
defective, you (and not Licensor or an authorized
personal computer dealer) assume the entire cost of
all necessary servicing, repair, or correction.
D.
Some states do not allow the exclusion of implied
warranties, so the above exclusion may not apply to
you. This warranty gives you specific legal rights,
and you may also have other rights that vary from
state to state.
9.
REMEDIES
A. Licensor's entire liability and Licensee's exclusive remedy shall be:
1.
The replacement of any CD-ROM, diskette, or cassette
not meeting Licensor's "Limited Warranty" above
and that is returned to Licensor or an authorized
dealer with a copy of your receipt; or
2. If Licensor or the dealer is unable to deliver a replacement copy that is
free of defects in materials or workmanship, Licensee may terminate this Agreement
by returning the product and Program for a full refund of the purchase price.
B.
In no event will Licensor be liable for any damages,
including but not imited to, lost profits, lost savings,
or other incidental or consequential damages arising
out of the use or inability to use such program even
if Licensor or its authorized dealer has been advised
of the possibility of such damages, or for any claim
by any other party. Some states do not allow the limitations
or exclusion of liability for incidental or consequential
damages, so the above limitation or exclusion may
not apply to you.
10.
QUESTIONS
All questions concerning this Agreement may be directed to Tercium Entertainment,
LLC, Customer Support Division, 2899 Agoura Road # 717, Westlake Village, California
91361, or on the World Wide Web at www.Tercium.com.
11.
JURISDICTION AND DISPUTES
A. This Agreement and the Limited Warranty shall be governed by the laws of
California.
B.
All disputes hereunder shall be resolved in the applicable
state or federal courts of California. The parties
consent to the jurisdiction of such courts, agree
to accept service of process by mail, and waive any
jurisdictional or venue defenses otherwise available.
12.
INTEGRATION
This Agreement constitutes the entire understanding of the parties, and revokes
and supersedes all prior agreements, oral or written, between the parties,
and is intended as a final expression of their Agreement. It shall not be modified
or amended except in writing signed by the parties hereto and specifically
referring to this Agreement. This Agreement shall take precedence over any
other documents that may be in conflict therewith.
LICENSEE
HEREBY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT,
UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS
AND CONDITIONS. |
