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Software License
PLEASE READ THIS AGREEMENT
CAREFULLY. THIS "LICENSE AGREEMENT" COVERS
ONLY SOFTWARE OR CD PRODUCTS PRODUCED
UNDER THE LATTER-DAYVILLAGE.COM, LDSSEMINARYFILES.COM. PRIMARYETC.COM OR TDHOLDER.COM
LABELS.
Section 1. Intellectual Property Rights.
The Product is protected by copyright
and other intellectual property laws,
and all intellectual property rights
in the Product belong to the Company.
You may not reproduce, publish, transmit,
modify, create derivative works from,
publicly display, or publicly perform
the Product. Copying or storing the
Product other than as permitted in
Section 2 is expressly prohibited unless
you obtain prior written permission
from Company.
Section 2. Permitted and Prohibited
Uses. You may use the Product on a
single computer for your personal use
or for the internal business use of
your company. You may make a single
copy of the Product for archival purposes
and may use such copy only when the
original copy is not in use. You may
not use the Product on a computer network
or allow concurrent use of the Product
by more than one individual. You may
not rent, lease or otherwise transfer
the Product. Unless permitted by law,
you may not reverse engineer, decompile,
or disassemble the Product.
Section 3. Limited Warranty. Company
warrants to the original purchaser
or licensee that the Product LDS Seminary
Files CD will display in the latest
version of Internet Explorer. This
Limited Warranty applies only if the
nonconformance is reported to Company
during the Warranty Period. It is void
if the failure of the Product is the
result of accident, abuse, misapplication,
or inappropriate use of the Product.
Section 4. No Other Warranties. TO
THE EXTENT PERMITTED BY LAW, COMPANY
DISCLAIMS ALL OTHER WARRANTIES ON THE
PRODUCT, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT
OF THIRD PARTY RIGHTS, AND FITNESS
FOR PARTICULAR PURPOSE. THE DURATION
OF ANY STATUTORILY- REQUIRED WARRANTY
PERIOD SHALL BE LIMITED TO THE TERM
OF THE LIMITED WARRANTY. THIS LIMITED
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS,
DEPENDING UPON WHERE YOU LIVE. YOU
MAY HAVE OTHER RIGHTS, WHICH VARY FROM
STATE TO STATE AND COUNTRY TO COUNTRY.
Section 5. Exclusive Remedy. The exclusive
remedy for breach of this Agreement
shall be, at Company's option, either
(a) the repair or replacement of the
Product that does not meet Company's
Limited Warranty (and is returned with
proof of license); or (b) a refund
of the price, if any, which you paid
to license the Product.
Section 6. Disclaimer of Consequential
Damages. UNDER NO CIRCUMSTANCES SHALL
COMPANY BE LIABLE FOR ANY CONSEQUENTIAL
OR INCIDENTAL DAMAGES WHATSOEVER ARISING
OUT OF THE USE OF THE PRODUCT OR INABILITY
TO USE THE PRODUCT, INCLUDING WITHOUT
LIMITATION, COMPUTER FAILURE, WORK
STOPPAGE OR ANY OTHER DAMAGES, EVEN
IF COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. BECAUSE
SOME STATES AND COUNTRIES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY
TO YOU.
Section 7. Limitation on Liability.
COMPANY'S LIABILITY SHALL IN NO EVENT
EXCEED THE ACTUAL PRICE PAID FOR THE
PRODUCT.
Section 8. Export Control. The United
States controls the export of products
and information. You agree to comply
with such restrictions and not to export
or re-export the Product to countries
or persons prohibited under the export
control laws. By downloading the Product,
you are agreeing that you are not in
a country where such export is prohibited
or are a person or entity to which
such export is prohibited. You are
responsible for compliance with the
laws of your local jurisdiction regarding
the import, export or re-export of
the Product.
Section 9. Taxes. You shall be responsible
for the payment of all sales, use and
similar taxes relating to the license
of the Product.
Section 10. Government Users. If the
Product is downloaded by or on behalf
of the United States of America, its
agencies and/or instrumentalities ("U
.S. Government"), it is provided
with Restricted Rights. Use, duplication,
or disclosure of the Product by the
U.S. Government is subject to restrictions
as set forth in subparagraph (c)(l
)(ii) of the Rights in Technical Data
and Computer Software clause of DFARS
252-227-7013 or subparagraphs (c)(l)
an d(2) of the Commercial Computer
Software-Restricted Rights at 48 CFR52.227-19,
as applicable.
Section 11. General Terms. This agreement
is governed by the laws of the State
of Colorado. If any provision of this
agreement is found to be invalid by
any court having competent jurisdiction,
the invalidity of such provision shall
not affect the validity of the remaining
provisions of this agreement, which
shall remain in full force and effect.
No waiver of any term of this agreement
shall be deemed a further or continuing
waiver of such term or any other term.
This agreement constitutes the entire
agreement between you and the Company
with respect to this transaction. Any
changes to this agreement must be made
in writing, signed by an authorized
representative of the Company.
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