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Terms of License Agreement for Use of Life Preservation Systems, Inc. Products |
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The parties to this Agreement are that party purchasing a license and downloading document packages and/or software through our web site (defined herein as 'YOU' or 'YOUR') and SPOJAX, INC., a New York Corporation (herein designated as 'SPOJAX.'). Any information created by SPOJAX, Inc. for public use and stored on mediums such as paper, DVD, CD, audio cassette, video cassette, floppy disk, computer file or any existing medium or method used to store information in written, printed, or electronic form are herein designated as 'documents'. Any tangible good other than Document created by SPOJAX, Inc. for public use are herein designated as 'PRODUCTS. Any non-tangible good created by SPOJAX, Inc. for public use are herein designated as 'services'. This Terms of Use is applicable to all of the products, services, and documents that are purchased and/or downloaded from our site. You are deemed to have read, understood and accepted the terms of this Terms of Use when you download documents or purchase products, services through our web site. All products, services, and documents offered on this site are the property of Spojax, inc.. Spojax, inc. Claims all copyrights and other proprietary rights in and to such documents, as well as all other materials contained on this web site. 'Life preservation system', 'The Toy', and 'The Harder You Train!' The Harder You Become!, "Where the Wimps Stop! and the Elite Start!" are trademarks of Spojax, inc.
By purchasing and
downloading the products, services and documents, you are given a
license to use such products and services for your own use and subject
to the terms, conditions, limitations, representations and warranties
contained in this agreement. 1. LIMITED LICENSE. Upon purchase of a license to use our products, services and documents, you are given a license to use such products, services and documents only for your own purposes. Only the individual or entity that purchases a license to use the products, services and documents as indicated by the online purchase order that you fill out when ordering the products and documents will have the licenses to use the purchased products. Use by any other person, company, corporation, limited liability company, trust, or other separate legal entity will require a separate license. This includes entities that may be affiliated to you by ownership or otherwise. 2. Upon payment in full of the purchase price and receipt of downloading the products, you are permitted to do only the following: 3. YOU may not distribute, publish, offer for sale, license or sublicense, give or disclose to any other party, the products, services, or documents purchased or downloaded from this site. . 4. We reserve all rights not specifically granted to YOU above. The license granted above will be narrowly construed in our favor. We will have the right to proceed against you in the event that you infringe against our rights. Any use not within the precise scope of the license set forth above will be considered an infringement. In the event of infringement, we reserve the right to proceed with any legal remedy available to us, including but not limited to recovery of damages, obtaining injunctions, recovering statutory damages, recovering attorney fees, and any other available legal remedy including all remedies under the Digital Millennium Copyright Act (DMCA) and remedies under Copyright, Trademark and Patent Law. 5. We make no warranty or representations whatsoever regarding the content or suitability of our documents to meet your specific needs. 6. You accept our products, services and document package 'as is' and with all faults. We disclaim all warranties, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. 7. We are not liable for any incidental, consequential or special damages of any kind. The maximum damages recoverable against us in any event shall be the purchase price for the products, services and documents. 8. You agree that any legal action relative to this Agreement must be in the City of New York of New York State. As a condition of this License, we do not agree or consent to jurisdiction anywhere except New York, New York. You agree that our system operates only in the above referenced county. All operations, services, deliveries, purchases, contracts shall be deemed to have taken place in New York, New York regardless of the fact that You may be located elsewhere. 9. The license granted herein shall be activated upon your payment of the full purchase price for our Documents. Any license granted herein shall remain in effect perpetually, but shall terminate upon your use of said Documents beyond the scope licensed herein or upon your violation of any term or condition hereof. All protections with which we are provided under this Agreement shall survive the termination of your license to use the products, services and documents. 10. You acknowledge and agree that our damages in the event of your violation of this Agreement will be substantial, and that we will suffer irreparable harm in such event. As such, we shall have the right to obtain equitable remedies, including but not limited to an injunction and all remedies under the Digital Millennium Copyright Act (DMCA) and remedies under Copyright, Trademark and Patent Law. 11. You agree that any notice to be sent to you, including but not limited to any legal notices and court-related notices, shall be sent to your at the email address, physical address, or post office box that you designate when you purchase a license to use our Documents. Any notices to us must be by certified mail, return receipt requested, at the address set forth in the Document package that you purchase from us. 12. YOU agree not to violate any import-export laws of the United States or any other jurisdiction concerning any technology accessed or found through our web site. U.S. export laws govern the transfer of technology across national borders.
13. This Agreement reflects our entire
understanding and agreement with respect to the subject matter hereof
and all other communications, representations, warranties, offers or
otherwise, whether oral or in written form, are superseded hereby and
merged herein. 15. YOUR acceptance of the terms of this Document electronically, by placing a check mark in a box indication your acceptance and taking the affirmative act of clicking on any acceptance button and by purchasing our products, shall be deemed to be your signature to this Agreement to the same extent as if your written signature was contained hereon. Our waiver of any breach of this Agreement shall not constitute an amendment to this Agreement or our waiver of subsequent breaches hereof. If any provision of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. Additionally, any provision that is deemed to be unenforceable or invalid shall be interpreted to the maximum extent of enforceability. |
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Copyright © 2008 Spojax, Inc. All Rights Reserved. |
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