License
1. Under this Software License Agreement (the "Agreement"), Win Win
Consulting Corporation (the "Vendor") grants to the user (the "Licensee") a
non-exclusive and non-transferable license (the "License") to use THE VISION
GUIDER (the "Software").
2. "Software" includes the
executable computer programs and any related printed, electronic and online
documentation and any other files that may accompany the
product.
3. Title, copyright, intellectual property rights and
distribution rights of the Software remain exclusively with the Vendor.
Intellectual property rights include the look and feel of the Software. This
Agreement constitutes a license for use only and is not in any way a transfer of
ownership rights to the Software.
4. The Software may be loaded onto a
single computer for your own personal use. A single copy may be made for backup
purposes only. Please contact us if you require the software to be loaded on
another computer.
5. The rights and obligations of this Agreement are
personal rights granted to the Licensee only. The Licensee may not transfer or
assign any of the rights or obligations granted under this Agreement to any
other person or legal entity. The Licensee may not make available the Software
for use by one or more third parties.
6. The Software may not be
modified, reverse-engineered, or de-compiled in any manner through current or
future available technologies. Whether you are licensing the Software as an
individual or on behalf of an entity, you may not: (i) reverse engineer,
decompile, or disassemble the Software or attempt to discover the source code;
(ii) modify, or create derivative works based upon, the Software in whole or in
part without the express written consent of Win Win Consulting Corporation;
(iii) distribute copies of the Software; (iv) remove any proprietary notices or
labels on the Software; (v) resell, lease, rent, transfer, sublicense, or
otherwise transfer rights to the Software.
7. Failure to comply with any
of the terms under the License section will be considered a material breach of
this Agreement.
License Fee
8. The original purchase price paid by the Licensee will
constitute the entire license fee and is the full consideration for this
Agreement.
Limitation of Liability
9. The Software is provided by the Vendor and
accepted by the Licensee "as is". Liability of the Vendor will be limited to a
maximum of the original purchase price of the Software. The Vendor will not be
liable for any general, special, incidental or consequential damages including,
but not limited to, loss of production, loss of profits, loss of revenue, loss
of data, or any other business or economic disadvantage suffered by the Licensee
arising out of the use or failure to use the Software.
10. The Vendor
makes no warranty expressed or implied regarding the fitness of the Software for
a particular purpose or that the Software will be suitable or appropriate for
the specific requirements of the Licensee.
11. The Vendor does not
warrant that use of the Software will be uninterrupted or error-free. The
Licensee accepts that software in general is prone to bugs and flaws within an
acceptable level as determined in the industry.
12. The Vendor may
remedy any non-conforming Software by providing a refund of the purchase price
or, at the Vendor's option, repair or replace any or all of the Software.
Warrants and Representations
13. The Vendor warrants and represents
that it is the copyright holder of the Software. The Vendor warrants and
represents that granting the license to use this Software is not in violation of
any other agreement, copyright or applicable statute.
Acceptance
14. All terms, conditions and obligations of this
Agreement will be deemed to be accepted by the Licensee ("Acceptance") on
installation of the Software.
User Support
15. The Licensee will be entitled to one year of email
support which will be answered within 24 to 48 hours, at no additional
cost.
16. The Licensee will be entitled to maintenance upgrades and bug
fixes, at no additional cost, for a period of one year from the date of
Acceptance.
Term
17. The term of this Agreement will begin on Acceptance and is
perpetual.
Termination
18. This Agreement will be terminated and the License
forfeited where the Licensee has failed to comply with any of the terms of this
Agreement or is in breach of this Agreement. On termination of this Agreement
for any reason, the Licensee will promptly destroy the Software or return the
Software to the Vendor.
Force Majeure
19. The Vendor will be free of liability to the
Licensee where the Vendor is prevented from executing its obligations under this
Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon,
flood, fire, and war or any other unforeseen and uncontrollable event where the
Vendor has taken any and all appropriate action to mitigate such an event.
Additional Terms
20. Got Vision
Membership
GotVision.com has purchased Royalty-Free Music
Licenses for the music provided in the Got Vision
Music Library. It is legal for you to use, provided that the following is
true:
- You do not sell your CD or MP3 files
- You do not use the music in its original form (without vocals)
- It is for your own personal use. You do not use your CD or MP3 in a public
situation (e.g. seminar) **
** If you intend to use it publically, then you will need to check with the
copyright laws from the artist. Purchasing a membership from GotVision.com and
does not give you license to share or publicly use
copyrighted material. If you are using your CD's or MP3's, then you will also
need to check the copyright for that particular artist. It is the user's
responsibility to be aware of copyright laws in his/her country. GotVision.com
and implores you to respect all copyright laws and respect
the rights of the copyright holders of any material you record.
Demo
Version
21. Evaluation and Registration: The Vision Guider demo version is free software. You are allowed to use this
software demo without charge. When payment is received you will be given access
to a full copy of the latest version of The Vision Guider.
Distribution: You are allowed to make as many copies of The Vision
Guider demo version as you wish, share exact copies of the
original Vision Guider demo to anyone, and distribute The Vision Guider demo version in its unmodified form via any electronic means.
There is no charge.
You are not allowed to charge a price or request
donations for any of the copies (however you made them). You are also not
allowed to distribute The Vision Guider or membership with
other products, commercial or otherwise without prior written permission from www.gotvision.com
Prohibited
Uses
22. User agrees not to engage in unacceptable or illegal use of the
Software, which includes, without limitation, use of the Software to:
(a)
create, disseminate, store or transmit unsolicited messages, chain letters or
unsolicited commercial email;
(b) create, disseminate or transmit material
that, to a reasonable person may be abusive, obscene, pornographic, defamatory,
harassing, grossly offensive, vulgar, threatening or malicious;
(c) create,
disseminate, store or transmit files, graphics, software or other material that
actually or potentially infringes the copyright, trademark, patent, trade secret
or other intellectual property right of any person;
(d) create a false
identity or to otherwise attempt to mislead any person as to the identity or
origin of any communication or copy the signature of another person without
their express authority;
(e) export, re-export or permit downloading of any
message or content in violation of any export or import law, regulation or
restriction of the Canada and its agencies or authorities, or without all
required approvals, licenses or exemptions;
(f) disseminate, store or
transmit viruses, trojan horses or any other malicious code or
program;
or
(g) engage in any other activity reasonably and in good faith
deemed by the Licensor to be in conflict with the spirit or intent of this
Agreement.
23. Transfers. Under no circumstances shall User sell,
license, publish, display, distribute, or otherwise transfer to a third party
the Software or any copy thereof, in whole or in part, without Licensor's prior
written consent.
Governing Law
24. The Parties to this Agreement submit to the
jurisdiction of the courts of the Province of British Columbia for the
enforcement of this Agreement or any arbitration award or decision arising from
this Agreement. This Agreement will be enforced or construed according to the
laws of the Province of British Columbia.
Miscellaneous
25. This Agreement can only be modified in writing
signed by both the Vendor and the Licensee.
26. This Agreement does not
create or imply any relationship in agency or partnership between the Vendor and
the Licensee.
27. Headings are inserted for the convenience of the
parties only and are not to be considered when interpreting this Agreement.
Words in the singular mean and include the plural and vice versa. Words in the
masculine gender include the feminine gender and vice versa. Words in the neuter
gender include the masculine gender and the feminine gender and vice
versa.
28. If any term, covenant, condition or provision of this
Agreement is held by a court of competent jurisdiction to be invalid, void or
unenforceable, it is the parties' intent that such provision be reduced in scope
by the court only to the extent deemed necessary by that court to render the
provision reasonable and enforceable and the remainder of the provisions of this
Agreement will in no way be affected, impaired or invalidated as a
result.
29. This Agreement contains the entire agreement between the
parties. All understandings have been included in this Agreement.
Representations which may have been made by any party to this Agreement may in
some way be inconsistent with this final written Agreement. All such statements
are declared to be of no value in this Agreement. Only the written terms of this
Agreement will bind the parties.
30. This Agreement and the terms and
conditions contained in this Agreement apply to and are binding upon the
Vendor's successors and assigns.
