PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE ORDERING DRUG FREE SOLUTION INC FEELZ DIGITAL COMPANION HEREAFTER “PROGRAM”.
THIS AGREEMENT APPLIES TO ALL DRUG FREE SOLUTION INC. SOUNDTRACKS AND MEDIA. BY OPENING OR USING THE PROGRAM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ORDER PRODUCTS OR BECOME A MEMBER.
License and Restriction of Use
Drug Free Solution Inc. (“licensor”), hereby grants you a nontransferable, nonexclusive license to use the Program and related documentation recorded on the digital media and CD (“The Media”) or otherwise included in the program subject to the terms and conditions contained in this Agreement. THIS AGREEMENT IS NOT A SALE OF THE PROGRAM.
Licensor retains title and ownership of the Program and Media and all rights therein, except for those expressly by this Agreement. You may use the Program and Media solely for personal noncommercial use. You may not use (or cause to be used) the Program or Media for rental or for any similar purpose. If you desire to license or otherwise commercially exploit the Program or Media, you must obtain a special license from Licensor for that purpose. You may not modify, loan, distribute or create derivative works based upon the Program or Media in whole or in part. Sublicensing of the Program is prohibited.
Limitation on Copying
You may make one (1) copy of the Program for archival purposes only. You must reproduce on such copy Licensor’s copyright notice and any other proprietary legends that were on the original copy of the Program. You may not otherwise reproduce the Program.
The Program contains copyrighted material, trade secrets and other confidential and proprietary information of Licensor or others who have licensed such material to Licensor. You must take adequate steps to protect the Program from unauthorized disclosure, use or copying by others.
You may not sell, license or otherwise transfer your rights under this Agreement without the prior written consent of the Licensor. You agree and certify that neither the Program nor any other data received from Licensor will be exported outside the United States to a country that is not party to the Berne Convention or the Universal Copyright Convention, except as authorized in advance by Licensor, in writing.
You acknowledge and agree that the Program and all intellectual property rights thereto, including but not limited to copyright, trademark, patent, and trade dress, are owned by Licensor. Unauthorized use, reproduction and the like of the Program may subject you to penalties, including possible monetary damages.
Limited Warranty on Media
Licensor warrants that from the date of the original license or receipt, the Media shall be free of defects in materials or workmanship under normal use. If any such defect appears within thirty (30) days of the original purchase, the media may be returned for replacement without charge, provided that all copies of the Program including the archival copy made pursuant to this Agreement are returned to Licensor, along with an explanation of the alleged defect.
Disclaimer of Warranty on Program
You expressly acknowledge and agree that use of the Program is at your own risk. The Program is provided “as is” and without warranty of any kind, and Licensor expressly disclaims all warranties, express or implied, including but not limited the implied warranties of merchantability, non infringement and fitness for a particular purpose. Licensor does not warrant that the Program will meet your requirements or that any defects in the Program will be corrected.
No oral or written information or advice given by Licensor or an authorized representative of Licensor shall create a warranty or in any way increase the scope of this warranty set forth in this Agreement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to users in those jurisdictions; however, the above disclaimer shall be applied to the fullest extent permitted by law in every jurisdiction in which this Program and its related materials are distributed.
Neither the material contained in the Program licensed pursuant to this agreement nor any coaching that may occur in connection with use of the Program or otherwise provided by the Licensor is intended for use in the diagnosis, cure, treatment, or prevention of disease or any other medical or mental health condition. The user is urged to consult with competent medical professionals of user’s choice regarding the diagnosis, cure, treatment, or prevention of disease or any other medical or any mental health condition.
Limitation of Liability
Licensor’s obligation to replace any defective Media shall be your sole and exclusive remedy for any and all claims against Licensor arising out of or in connection with the Program, whether made or suffered by you or any other party and whether based in contract or tort. Under no circumstances, whether in contract or tort, shall Licensor be liable for indirect, consequential, special or exemplary damages even if Licensor has been advised of the possibility of such damages. In any event, any liability of Licensor out of or in connection with this Agreement or your use of the Program shall not exceed the amount, if any, paid by you to licensor for the Program.
You agree to indemnify and hold harmless Licensor, its directors, officers, employees, owners, agents and Licensors harmless for any claims arising out of your use of the Program.
Term of Use
This License will terminate immediately without notice from Licensor if you fail to comply with any provision of this License. Upon termination you must destroy the Program and all copies thereof, including, but not limited to, any archival copies made pursuant to this Agreement.
In the event that any action, suit or legal proceeding is initiated or brought to enforce any or all of the provisions of this Agreement, the prevailing party shall be entitled to such attorney’s fees, costs and disbursements as are deemed reasonable and proper by an arbitrator or court. In the event of an appeal of an initial decision of an arbitrator or court, the prevailing part shall be entitled to such attorney’s fees, costs and disbursements as are deemed reasonable and proper by an appellate court(s).
This Agreement shall be deemed executed in the state of California and shall be interpreted and construed in accordance with the laws of the state of California relating to contracts made and performed therein.
Rule of Construction
It is expressly agreed by the parties to this Agreement that the rule of construction that a document should be more strictly interpreted against the person who drafted it shall not apply to any provision.
No waiver by either party of any breach or default hereunder shall be deemed a waiver of any repetition of such breach or default or in any way affect any of the other terms and conditions thereof.
If any provision of this Agreement is judicially declared to be invalid, unenforceable or void by a court of competent jurisdiction, such decision shall not have the effect of invalidating or voiding the remainder of this Agreement, and the part(s) of this Agreement so held to be invalid, unenforceable-able or void shall be deemed stricken, and the Agreement will be reformed to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. The remainder of this Agreement shall have the same force and effect as if such part or parts had never been included.
This Agreement constitutes the entire Agreement between us supersedes all prior agreements, understandings and proposals (whether written or oral) in respect to the matters specified.