ATTENTION: PLEASE READ THIS DOCUMENT CAREFULLY. THE
INDIVIDUAL OR ENTITY PURCHASING THIS DVD (THE "END USER")
AGREES TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO
NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE DVD
AND PROMPTLY RETURN THE PACKAGE, AND THE LICENSE PRICE WILL
BE REFUNDED. NOT INCLUDING SHIPPING AND HANDLING.
The DVD and the accompanying documentation are provided to
the End-User by Paradise Publishers Inc. ("Licensor") for
use only under the following terms. Licensor reserves any
right not expressly granted to the End-user. The End-User
owns the disks on which the Content is recorded, but
Licensor retains ownership of all Proprietary and Trade
Secrets. The End-User assumes sole responsibility for the
installation, use and results obtained from the DVD
Contents.
1. License
End-User is granted a limited, non-exclusive license to do
only the following:
Install and maintain the DVD Contents on one computer at any
time for use only in the End-User's own business.
2. Restrictions
The End-User may NOT sublicense, assign, or distribute
copies of the DVD Content to others. The DVD Content
contains trade secrets. THE END-USER MAY NOT MODIFY, ADAPT,
TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE,
OR OTHERWISE ASSIGN OR TRANSFER THE DVD CONTENT.
3. Protections
and Security
The End-User agrees to use its best efforts and to take all
reasonable steps to safeguard the DVD Contents to ensure
that no unauthorized person shall have access thereto and
that no unauthorized copy, publication, disclosure or
distribution in whole or in part, in any form, shall be
made. The End-User acknowledges that the DVD Contents
contain valuable confidential information and trade secrets
and that unauthorized use and/or copying are harmful to
Licensor.
4. Termination
This License is effective until terminated. This License
will terminate immediately without notice from Licensor if
the End User fails to comply with any of its provisions.
Upon termination the End User must destroy the DVD and all
copies thereof, and the End-User may terminate this License
at any time by doing so.
5. Limited
Warranty
Licensor warrants that, for 60 days from the date of initial
use by the original end user, the DVD shall operate
substantially in accordance with the published functional
specifications current at the time of shipment. If, during
the warranty period, a defect appears, End User shall return
the DVD to Licensor and Licensor's only obligation shall be
to refund the purchase price. The End-User agrees that the
foregoing constitutes the End-User's sole and exclusive
remedy for breach by Licensor under any warranties made
under this Agreement. Licensor is not responsible for
problems associated with or caused by incompatible operating
systems or equipment, or for problems in the interaction of
the DVD with software not furnished by Licensor. No oral or
written information or advice given by Licensor or its
dealers, distributors, employees or agents shall in any way
extend, modify or add to the foregoing warranty.
THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN
LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. THE END-USER ASSUMES
ALL RISK AS TO THE SUITABILITY, QUALITY, AND PERFORMANCE OF
THE SOFTWARE. IN NO EVENT WILL LICENSOR, OR ITS DIRECTORS,
OFFICERS, EMPLOYEES OR AFFILIATES, BE LIABLE TO THE END-USER
FOR ANY CONSEQUENTIAL INCIDENTAL, INDIRECT, SPECIAL OR
EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE DVD OR ACCOMPANYING WRITTEN MATERIALS,
EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
LICENSOR'S LIABILITY TO THE END-USER (IF ANY) FOR ACTUAL
DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF
THE FORM OF THE ACTION, WILL BE LIMITED TO, AND IN NO EVENT
SHALL EXCEED, THE AMOUNT ORIGINALLY PAID TO LICENSOR FOR THE
PURCHASE OF THE DVD.
6. Disputes
This license agreement shall be governed by, construed and
enforced in accordance with the laws of the State of
Wyoming, 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 Paradise Publishers Inc. and/or its affiliates'
intellectual property rights, Paradise Publishers Inc.
and/or its affiliates may seek injunctive or other
appropriate relief in any state or federal court in the
State of Wyoming, 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: Sheridan, Wyoming 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: Sheridan,
Wyoming 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.
7. General
If any provision of this License is held by a court of
competent jurisdiction to be invalid or unenforceable to any
extent under applicable law, that provision will be enforced
to the maximum extent permissible, and the remaining
provisions of this License will remain in full force and
effect. Any notices or other communications to be sent to
Licensor must be mailed first class, postage prepaid, to the
following address: Paradise Publishers Inc., 232 South
Jefferson Way Sheridan Wyoming U.S.A. 82801 .
This Agreement constitutes the entire agreement between the
parties with respect to the subject matter hereof, and all
prior proposals, agreements, representations, statements and
undertakings are hereby expressly cancelled and superseded.
This Agreement may not be changed or amended except by a
written instrument executed by a duly authorized officer of
Licensor.
8.
Acknowledgment
THE END-USER ACKNOWLEDGES THAT IT HAS READ THIS LICENSE,
UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
If you have any questions concerning this License, contact
Licensor at the address set forth above.