Researched
Bible Guide e-Subscription License Agreement
By purchasing
and downloading the Researched Bible Guide (Guide) from CSDirectory.com
(Developer), you agree to the following License Agreement:
The guides may be used for your own and/or your church use. You
may not put them on a diskette, CD, website or any other medium
and offer them for redistribution or resale.
You may not
reproduce or replicate, in whole or part, any of this publication
without the express permission of CSDirectory.com.
1. Restrictions.
Licensee shall not modify, copy, duplicate, reproduce, license or
sublicense the publication, or transfer or convey the publication
or any right in the publication to anyone else without the prior
written consent of Developer; provided that Licensee may make one
copy of the publication for backup or archival purposes. Licensee
shall not attempt to reverse-engineer the product for any reason.
A. Handheld
License: Licensee is granted the right to install the handheld publication
version of PDA Estimating, if purchased, onto one handheld device.
2. Fee.
In consideration for the grant of the license and the use of the
publication, Licensee agrees to pay Developer the current license
fee for the publication, as priced on the www.weeklybiblenotes.com
web site. Price is subject to change without notice.
3. Warranty
of Title.
Developer hereby represents and warrants to Licensee that Developer
is the owner of the publication or otherwise has the right to grant
to Licensee the rights set forth in this Agreement. In the event
of any breach or threatened breach of the foregoing representation
and warranty, Licensee's sole remedy shall be to require Developer
or to either: i) procure, at Developer's expense, the right to use
the publication, ii) replace the publication or any part thereof
that is in breach and replace it with publication of comparable
functionality that does not cause any breach, or iii) refund to
Licensee the full amount of the license fee upon the return of the
publication and all copies thereof to Developer.
4. Warranty
of Functionality.
A. For a period of twelve (12) months following delivery of the
publication to Licensee (the "Warranty Period"), Developer
warrants that the publication shall perform in all material respects
according to the Developer's specifications concerning the publication
when used with the appropriate computer equipment. In the event
of any breach or alleged breach of this warranty, Licensee shall
promptly notify Developer and return the publication to Developer
at Licensee's expense. Licensee's sole remedy shall be that Developer
shall correct the publication so that it operates according to the
warranty. This warranty shall not apply to the publication if modified
by anyone or if used improperly or on an operating environment not
approved by Developer.
5. Publication
Maintenance.
A. Standard maintenance. During the Warranty Period, Developer shall
provide to Licensee any new, corrected or enhanced version of the
publication as created by Developer. Such enhancement shall include
all modifications to the publication which increase the speed, efficiency
or ease of use of the publication, or add additional capabilities
or functionality to the publication, but shall not include any substantially
new or rewritten version of the publication.
B. Optional
maintenance. After expiration of the Warranty Period, Licensee may
continue to receive maintenance support for successive twelve (12)
month periods. The charge for such optional maintenance support
shall be Developer's regular list price for maintenance and support
for the publication as published from time to time by Developer.
Licensor shall notify Developer in writing if it desires to receive
optional maintenance. If Licensee fails to take optional maintenance
and later elects to receive it, Developer reserves the right to
charge Licensee it's maintenance fees for the period of the lapse
in maintenance. Developer may elect to discontinue maintenance at
any time upon notice to Licensee, and refund of any then unearned
maintenance fees.
6. Warranty
Disclaimer.
DEVELOPER'S WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE
AND ARE 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.
7. Limitation
of Liability.
Developer shall not be responsible for, and shall not pay, any amount
of incidental, consequential or other indirect damages, whether
based on lost revenue or otherwise, regardless of whether Developer
was advised of the possibility of such losses in advance. In no
event shall Developer's liability hereunder exceed the amount of
license fees paid by Licensee, regardless of whether Licensee's
claim is based on contract, tort, strict liability, product liability
or otherwise.
8. Governing
Law.
This Agreement shall be construed and enforced in accordance with
the laws of the state of Arizona.
9. No Assignment.
Neither this Agreement nor any interest in this Agreement may be
assigned by Licensee without the prior express written approval
of Developer.
10. Final Agreement.
This Agreement terminates and supersedes all prior understandings
or agreements on the subject matter hereof. This Agreement may be
modified only by a further writing that is duly executed by both
parties.
11. Severability.
If any term of this Agreement is held by a court of competent jurisdiction
to be invalid or unenforceable, then this Agreement, including all
of the remaining terms, will remain in full force and effect as
if such invalid or unenforceable term had never been included.
12. Headings.
Headings used in this Agreement are provided for convenience only
and shall not be used to construe meaning or intent.
13. Refund
policy
Once your account has been activated, we cannot refund you for the
current month, although we will gladly refund the unused subscription
fees for future months.
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