Software License Agreement for The Vision Guider and/or Playback Poet
IMPORTANT- PLEASE READ CAREFULLY: BY INSTALLING THE SOFTWARE (AS DEFINED BELOW), COPYING THE SOFTWARE AND/OR CLICKING ON THE 'ACCEPT' BUTTON BELOW, YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AGREE TO ALL OF THE TERMS OF THIS END USER LICENSE AGREEMENT ('AGREEMENT') REGARDING YOUR USE OF THE SOFTWARE. THE USER MAY NOT DOWNLOAD, ACCESS, USE OR INSTALL ANY PART OF THE SOFTWARE WITHOUT ACCEPTANCE OF THE LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, CLICK ON THE 'NO' BUTTON. THIS WILL CANCEL THE INSTALLATION.
This Software License Agreement ("Agreement") is entered into between Win Win Consulting Corporation (owner of GotVision.com & Record Your Poetry.com)("Licensor") and the end user ("User"), and is enforceable like any written negotiated and executed agreement. If you do not agree, do not use or install this software.
1. Definitions
a. Software. The term "Software" shall mean the computer program in object code only, digital images, photographs, icons, clip art, sounds or other artistic works and related explanatory written materials or files, and includes any corrections, bug fixes, enhancements, updates or other modifications, including custom modifications.
2. GRANT OF LICENSE: Subject to the terms below, Win Win Consulting Corporation hereby grants you a non-exclusive, non-transferable license to install and to use The Vision Guider and/or Playback Poet ('Software').
Under this license, you may: (i) install and use the Software on a single computer for your personal, internal use (ii) copy the Software for back-up or archival purposes. (iii) You may not distribute the software to others without first obtaining the required licenses, where applicable.
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.
3. Prohibited Uses
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 United States 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.
2. TITLE: You acknowledge that no title to the intellectual property in the Software is transferred to you. Title, ownership, rights, and intellectual property rights in and to the Software shall remain that of Win Win Consulting Corporation. The Software is protected by copyright and patent laws of the United States and international treaties.
b. 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.
4. DISCLAIMER OF WARRANTY:
YOU AGREE THAT Win Win Consulting Corporation HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE PRODUCTS AND THAT THE PRODUCTS ARE BEING PROVIDED TO YOU 'AS IS' WITHOUT WARRANTY OF ANY KIND. Win Win Consulting Corporation DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY. YOUR RIGHTS MAY VARY DEPENDING ON THE STATE IN WHICH YOU LIVE.
Win Win Consulting Corporation SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT.
5. LIMITATION OF LIABILITY: You use this program solely at your own risk.
IN NO EVENT SHALL Win Win Consulting Corporation BE LIABLE TO USER OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SOFTWARE, EVEN IF Win Win Consulting Corporation HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Win Win Consulting Corporation BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE COST OF THE SOFTWARE. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL LICENSOR'S TOTAL LIABILITY FOR DAMAGES EXCEED THE TOTAL FEES PAID BY USER TO LICENSOR HEREUNDER. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH THE SOFTWARE, USER'S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE SOFTWARE, AND TERMINATE THIS AGREEMENT.
6. TERMINATION: This Agreement shall terminate automatically if you fail to comply with the limitations described in this Agreement. No notice shall be required to effectuate such termination. Upon termination, you must remove and destroy all copies of the Software.
7. Limitations Period
No arbitration or other action under this Agreement, unless involving death or personal injury, may be brought by either party against the other more than one (1) year after the cause of action arises.
8. Limitation on Recovery
Under no circumstances shall the liability of Licensor to User exceed the amounts paid by User to Licensor under this Agreement.
9. Indemnification
User agrees to indemnify, hold harmless and defend Licensor, its shareholders, directors, officers, employees, agents and attorneys from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys' fees, asserted by any person, arising out of or relating to:
(a) this Agreement; (b) User's use of the Software, including any data or work transmitted or received by User; and (c) any unacceptable or illegal use of the Software, including, without limitation, any statement, data or content created, transmitted or republished by User which is prohibited as illegal or unacceptable at Section 3.
10. Arbitration
The Licensor is entitled to initiate and maintain a civil action in any competent state or federal court to enforce any of Licensor's intellectual property rights relating to the Software. All other disputes between the parties arising out of or related to this Agreement or the Software must be resolved by arbitration in Atlanta, Georgia in accordance with the rules of the American Arbitration Association. The parties shall agree upon a single arbitrator or, if the parties cannot agree upon an arbitrator within thirty (30) days, then the parties agree that a single arbitrator shall be appointed by the American Arbitration Association. The arbitrator may award attorneys' fees and costs as part of the award. The award of the arbitrator shall be binding and may be entered as a judgment in any court of competent jurisdiction.
11. DEMO VERSION. Evaluation and Registration: The Vision Guider and/or Playback Poet 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 and/or Playback Poet.
Distribution: You are allowed to make as many copies of The Vision Guider and/or Playback Poet demo version as you wish, share exact copies of the original Vision Guider demo to anyone, and distribute The Vision Guider and/or Playback Poet 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 and/or Playback Poet or membership with other products, commercial or otherwise without prior written permission from www.gotvision.com and/or www.recordyourpoetry.com
12. Got Vision and/or Record Your Poetry Music Membership
Got Vision.com and Record Your Poetry.com has purchased Royalty-Free Music Licenses for the music provided in the Got Vision and/or Record Your Poetry 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 Got Vision.com and Record Your Poetry.com 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. Got Vision.com and Record Your Poetry.com implores you to respect all copyright laws and respect the rights of the copyright holders of any material you record.
13. Got Vision and/or Record Your Poetry Return Policy
Due to the inherent nature of software Vision Guider and Playback Poet requires a signed statement of software destruction, declaring that the user has uninstalled and removed The Vision Guider and/or Playback Poet software program and Install program from their respective hard drive and computer and that the user has not retained any copies of the licensed software, nor given it away to anyone. This statement of software destruction, together with your order number must be sent via e-mail to refunds at 
in order to qualify for a refund. Refunds will be processed within 5 business days after receiving the signed statement of software destruction and a copy of the users invoice receipt in the mail.
MISCELLANEOUS:
14. Severability.
In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.
15. Export.
You agree that you will not export or re-export the Software outside of the jurisdiction in which you obtained it without the appropriate United States or foreign government licenses.
16. Governing Law.
This Agreement will be governed by the laws of the State of Nevada as they are applied to agreements between Nevada residents entered into and to be performed entirely within Nevada. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
16. Entire Agreement.
You agree that this is the entire agreement between you and Win Win Consulting Corporation, which supersedes any prior agreement, whether written or oral, and all other communications between Win Win Consulting Corporation and you relating to the subject matter of this Agreement.
a. Complete Agreement. This Agreement is the complete and exclusive statement of the agreement between the parties, which supersedes and merges all prior proposals, understandings and all other agreements, oral or written, between the parties relating to this Agreement. User expressly agrees and represents that, in entering this Agreement, User is not relying upon any oral or written statements, promises, or representations not contained within this written Agreement.
b. Amendment. This Agreement may not be modified, altered or amended except by written instrument duly executed by both parties.
c. Waiver. The waiver or failure of either party to exercise in any respect any right provided for in this Agreement shall not be deemed a waiver of any further right under this Agreement.
d. Severability. If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed omitted. The remainder of the Agreement shall be valid and enforceable to the maximum extent possible.
Reservation of rights.
All rights not expressly granted in this Agreement are reserved by Win Win Consulting Corporation.
