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COPYRIGHT AND SOFTWARE LICENSING AGREEMENT Do not use the WorshipScapes Disk, Software or Images (“WorshipScapes Content”) until you have carefully read the following Agreement and agree to its terms. This Agreement sets forth the terms and conditions for licensing of the WorshipScapes Content from 4R Productions Co., a Delaware corporation (dba “MediaMinistryStuff.com.”) to you ("you" or "Licensee"), and installing or using the WorshipScapes Content indicates that you have read and understand this Agreement and accept its terms and conditions. If you purchased this license for the WorshipScapes Content and do not agree with the terms and conditions of this Agreement, promptly return the WorshipScapes Content and accompanying items to the place of purchase within ten (10) days of purchase with a dated receipt for a full refund. If you did not purchase this software directly from MediaMinistryStuff.com, you must call 1-888-937-9473 to register as a licensed user and validate this agreement. COPYRIGHT MATERIAL The WorshipScapes Content (“Content”) are any images, animations, films, videos or other audio/visual representations recorded in any format that are controlled by or obtained, directly or indirectly, from MediaMinistryStuff.com. The Content is protected under
END USER LICENSE AGREEMENT This is a non-exclusive, non-transferable license agreement between you and MediaMinistryStuff.com wherein MediaMinistryStuff.com is granting you the right to use the Content according to the terms of this End User License Agreement. Please read this agreement carefully before using the product. If you choose not to accept this agreement, you must return the product unused. By using any part of the Content, you are agreeing to the following terms:
TERMINATION. This Agreement may be terminated by MediaMinistryStuff.com immediately and without notice if you fail to comply with any term or condition of this Agreement. Upon such termination, you must immediately destroy all complete and partial copies of the Content, including all backup copies. MediaMinistryStuff.com shall have the right to change or add to the terms of this Agreement at any time, and to change, discontinue or impose conditions on any aspect of the Content. Such changes shall be effective upon notification by any means reasonable to give you actual or constructive notice, or upon posting such terms in the Content, and your continued use of the Content will indicate your agreement to any such change. EXCEPT AS PROVIDED ABOVE, THE CONTENT, DISK(S), RELATED MATERIALS, SOFTWARE, DATA, AND/OR RELATED SERVICES (“CONTENT”) ARE PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEDIAMINISTRYSTUFF.COM, ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS OR SUPPLIERS ("REPRESENTATIVES") DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CONTENT, DISK(S), RELATED MATERIALS, SOFTWARE, DATA AND ANY SERVICES, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, OR THEIR NONINFRINGEMENT. MEDIAMINISTRYSTUFF.COM DOES NOT WARRANT THAT THE CONTENT IS SECURE, OR IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS, INCLUDING BUT NOT LIMITED TO ACCURATE OR UPDATED THIRD-PARTY CONTENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF PURCHASE OF THE LICENSE FOR THE SOFTWARE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH VARY FROM STATE TO STATE. LIMITATION OF LIABILITY AND DAMAGES THE ENTIRE LIABILITY OF MEDIAMINISTRYSTUFF.COM FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE CONTENT LICENSED FROM MEDIAMINISTRYSTUFF.COM OR ITS AUTHORIZED RESELLER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEDIAMINISTRYSTUFF.COM AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF MEDIAMINISTRYSTUFF.COM OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, MEDIAMINISTRYSTUFF.COM AND ITS REPRESENTATIVES' TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE CONTENT. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. GENERAL PROVISIONS This Agreement sets forth MediaMinistryStuff.com and its Representatives' entire liability and your exclusive remedy with respect to the Content. You acknowledge that this Agreement is a complete statement of the agreement between you and MediaMinistryStuff.com, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions regarding the Content or any related services. This Agreement does not limit any rights that MediaMinistryStuff.com may have under trade secret, copyright, patent, trademark or other laws. The Representatives of MediaMinistryStuff.com are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on MediaMinistryStuff.com, other than in writing signed by an officer of MediaMinistryStuff.com. Accordingly, such additional statements are not binding on MediaMinistryStuff.com and you should not rely upon such statements. If any provision of this Agreement is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. No delay or failure on the part of MediaMinistryStuff.com in the exercise of any right granted under this Agreement, or available at law or in equity, shall be construed as a waiver of such right. The validity and performance of this Agreement shall be governed by
TRADEMARKS MediaMinistryStuff.com and WorshipScapes are a trademarks and/or services mark of 4R Productions Co. in the
COPYRIGHT Copyright (c) 2004 4R Productions Co. All rights reserved. First Printing, April 2003 http://www.MediaMinistryStuff.com/ © Copyright 2003-2005 MediaMinistryStuff. All rights reserved. |