ACCEPTABLE USAGE LICENSE
ATTENTION: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE OPENING OR DOWNLOADING THIS PACKAGE. THE INDIVIDUAL OR ENTITY OPENING OR DOWNLOADING THIS PACKAGE (THE “END USER”) AGREES TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU OPEN THIS PACKAGE AND DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE Product AND PROMPTLY RETURN THE PACKAGE, AND THE LICENSE PRICE WILL BE REFUNDED.
The enclosed computer program(s), information documents including but not limited to audio and video multi-media, and the accompanying documentation are provided to the End-User by Niche Affiliate Marketing System, Inc. (“Licensor”) for use only under the following terms. Licensor reserves any right not expressly granted to the End-user. The End-User owns the disk on which the Product is recorded, but Licensor retains ownership of all copies of the Product itself. The End-User assumes sole responsibility for the installation, use and results obtained from use of the Software.
1. License
End-User is granted a limited, non-exclusive license to do only the following:
A) Install and maintain the Product on one computer at any time for use only in the End-User’s own business.
B) Make one copy in machine-readable form solely for backup or archival purposes for the computer, which the Product is installed. Copyright law protects the Software. As an express condition of this License, the End-User must reproduce on the copy, Licensor’s copyright notice and any other proprietary legends on the original copy supplied by Licensor.
C) Transfer the Product and all rights under this License to another party together with a copy of this License and all written materials accompanying the Software, provided (i) the End-User gives Licensor written notice of the transfer (including in such notice the identity of the transferee), and (ii) the other party reads and agrees to accept the terms and conditions of this License.
2. Restrictions
The End-User may NOT sublicense, assign, or distribute copies of the Product to others. The Product contains trade secrets. The End-User may NOT decompile, reverse engineer, disassemble, or otherwise reduce the Product to a human readable form. THE END-USER MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, OR OTHERWISE ASSIGN OR TRANSFER THE SOFTWARE, OR CREATE DERIVATIVE WORKS BASED UPON THE Product OR ANY PART THEREOF, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 1.C. ABOVE.
3. Protections and Security
The End-User agrees to use its best efforts and to take all reasonable steps to safeguard the Product to ensure that no unauthorized person shall have access thereto and that no unauthorized copy, publication, disclosure or distribution in whole or in part, in any form, shall be made. The End-User acknowledges that the Product contains valuable confidential information and trade secrets and that unauthorized use and/or copying are harmful to Licensor.
4. Termination
This License is effective until terminated. This License will terminate immediately without notice from Licensor if the End User fails to comply with any of its provisions. Upon termination the End User must destroy the Product and all copies thereof, and the End-User may terminate this License at any time by doing so.
5. Limited Warranty
Licensor warrants that, for 30 days from the date of initial use by the original End User, the product shall operate substantially in accordance with the published functional specifications current at the time of shipment. If, during the warranty period, a defect appears, End User shall return the Product to Licensor and Licensor’s only obligation shall be, at Licensor’s election, to replace the defective Product or refund the purchase price. The End-User agrees that the foregoing constitutes the End-User’s sole and exclusive remedy for breach by Licensor under any warranties made under this Agreement. This warranty does not cover any Product that has been altered or changed in any way by anyone other than Licensor. Licensor is not responsible for problems associated with or caused by incompatible operating systems or equipment, or for problems in the interaction of the Product with Product not furnished by Licensor. No oral or written information or advice given by Licensor or its dealers, distributors, employees or agents shall in any way extend, modify or add to the foregoing warranty.
THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE END-USER ASSUMES ALL RISK AS TO THE SUITABILITY, QUALITY, AND PERFORMANCE OF THE SOFTWARE. IN NO EVENT WILL LICENSOR, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES, BE LIABLE TO THE END-USER FOR ANY CONSEQUENTIAL INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE Product OR ACCOMPANYING WRITTEN MATERIALS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LICENSOR’S LIABILITY TO THE END-USER (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY PAID TO LICENSOR FOR THE LICENSE OF THE SOFTWARE.
6. Enhancements
From time to time Licensor may, in its sole discretion, advise the End-User of updates, upgrades, enhancements or improvements to the Product and/or new releases of the Product (collectively, “Enhancements”), and may license the End-User to use such Enhancements upon payment of prices as may be established by Licensor from time to time. All such Enhancements to the Product provided to the End-User shall also be governed by the terms of this License. IN ORDER FOR THE END-USER TO BE ASSURED THAT IT WILL BE ADVISED OF AND LICENSED TO USE ANY ENHANCEMENTS TO THE PRODUCT, THE END-USER MUST COMPLETE, SIGN AND RETURN TO LICENSOR THE ATTACHED END-USER REGISTRATION CARD.
7. Disputes
This license agreement shall be governed by, construed and enforced in accordance with the laws of the Alabama, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate Niche Affiliate Marketing System, Inc. and/or its affiliates’ intellectual property rights, Niche Affiliate Marketing System, Inc. and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Alabama, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Cullman. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Cullman, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
8. General
If any provision of this License is held by a court of competent jurisdiction to be invalid or unenforceable to any extent under applicable law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. Any notices or other communications to be sent to Licensor must be mailed first class, postage prepaid, to the following address: Niche Affiliate Marketing System, Inc., .
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior proposals, agreements, representations, statements and undertakings are hereby expressly cancelled and superseded.
This Agreement may not be changed or amended except by a written instrument executed by a duly authorized officer of Licensor.
9. Acknowledgment
BY OPENING THIS PACKAGE, THE END-USER ACKNOWLEDGES THAT IT HAS READ THIS LICENSE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
If you have any questions concerning this License, contact Licensor at the address set forth here.