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Great Southern Seminars Software License Agreement (“License”)

 

READ THE TERMS AND CONDITIONS IN THIS LICENSE CAREFULLY BEFORE INSTALLING THIS SOFTWARE. BY CHOOSING THE “ACCEPT” BUTTON ANDINSTALLING THE PROGRAMS, YOU AGREE TO BE BOUND BY THE TERMS ANDCONDITIONS THAT FOLLOW, INCLUDING THE WARRANTY DISCLAIMER,LIMITATION OF LIABILITY, AND TERMINATION PROVISIONS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE, YOU SHOULD NOT PROCEED WITH THE INSTALLATION AND ACTIVATION OF THIS SOFTWARE.

 

1. GRANT OF LICENSE. Great Southern Seminars hereby grants to you, and you accept, a limited, nonexclusive license to use the computer programs and any documentation available for installation with this License (collectively referred to as the "Software") only as authorized in this License. You are not permitted to use the Software in any manner not expressly authorized by this License. Neither concurrent use on two or more computers nor use in a local or wide area network or other network is permitted without execution of separate license with Great Southern Seminars. No source code is licensed or provided to you under this License and this License does not grant you any right, title or interest in any source code. All rights not expressly granted under this License are specifically reserved. You agree that you will not sublicense, lease, rent, or share your rights under this License. You agree that you will not reverse engineer, disassemble, decompile, or otherwise translate the Software. You may make one copy of the Software for backup purposes. You must reproduce and include all copyright notices and any other proprietary rights notices appearing on the Software on the copy. Except as specifically authorized under this License, no copies of the Software may be made by you or any person under your authority or control.

Single-User License: Great Southern Seminars grants to a single designated person the right to use one copy of the enclosed Software on one computer owned, leased, or otherwise controlled by you. However, you may install a second copy for your exclusive use on a portable computer so long as the only user of the Software is the single designated person. A “User” of the Software is defined as an individual accessing or otherwise utilizing the features and functions of the Software and related intellectual property. Users in excess of those permitted under the applicable License Type is a violation of this License and will require you to upgrade your License Type and pay additional license fees. Failure to do so will be grounds for termination of this License. 

 

2. GREAT SOUTHERN SEMINARS REFUND POLICY. Because this is intellectual property and cannot be recovered once shipped, we have a no refunds/no returns policy. 

 

3. GREAT SOUTHERN SEMINARS’S RIGHTS. You acknowledge and agree that the Software is a trade secret, confidential and proprietary product of Great Southern Seminars or its suppliers and is protected under US and international patent, copyright laws and treaties. You further acknowledge and agree that all right, title, and interest in and to the Software, including associated intellectual property rights, are and shall remain with Great Southern Seminars or its suppliers. This License does not convey to you an interest in or to the Software, but only a limited right of use revocable in accordance with the terms of this License.   Any attempt to sell or transfer software without prior consent of Great Southern Seminars shall be a violation of the user license, subject to immediate termination of user license and the right for licensor to seek all legal remedies available to protect their interest in the intellectual property, including cease and desist injunctions, and to seek direct, consequential, and /or punitive damages.

 

4. TERM AND TERMINATION. This License is effective upon your installation of the Software and shall continue until terminated by Great Southern Seminars.  We will provide all minor updates in code or content at no charge for up to 6 months from date of purchase. Upon termination by Great Southern Seminars, you agree to promptly return all copies of the Software to Great Southern Seminars or certify in writing to Great Southern Seminars that it has been removed from all computers on which it was installed and has been destroyed.

 

5. WARRANTY DISCLAIMER. GREAT SOUTHERN SEMINARS MAKES NO REPRESENTATION OR WARRANTY CONCERNING THE QUALITY, PERFORMANCE OR OTHER CHARACTERISTICS OF THE SOFTWARE. THE SOFTWARE IS PROVIDED "AS IS”,WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY,PERFORMANCE, AND ACCURACY IS WITH THE USER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GREAT SOUTHERN SEMINARS DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, OR THOSE ARISING OUT OF USAGE OF TRADE OR COURSE OF DEALING.

 

6. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GREAT SOUTHERN SEMINARS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF INFORMATION, REVENUE OR PROFITS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER THEORY, EVEN IF GREAT SOUTHERN SEMINARS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

7. EXPORT RESTRICTIONS. You agree that you will not export or re-export the Software in violation of any applicable law or regulations of the United State or the country in which you are resident.

 

8. GOVERNING LAW. This License is governed by and interpreted in accordance with the laws of Florida USA, excluding its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods specifically does not apply.

 

9. SEVERABILITY. Should any term of this License be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.

 

10. NO WAIVER. The failure of either party to enforce any rights granted under this License or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement or rights or subsequent actions in the event of future breaches.


11. ENTIRE AGREEMENT. This License sets forth the entire agreement between you and Great Southern Seminars and supersedes all prior agreements with respect to the Software.


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