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EBOOK AND/OR SOFTWARE
LICENSE, TERMS OF USE, AND COPYRIGHT NOTICE
THIS LICENSE, TERMS OF USE, AND COPYRIGHT NOTICE GOVERNS THE eBOOKS PROVIDED BY THELISTFORMULA.COM, WHETHER IN A DEMO VERSION, BRANDABLE VERSION, RESALE VERSION, OR SPECIAL VERSION. BY DOWNLOADING ANY OF THESE; YOU ARE AGREEING TO THE TERMS OF THIS LICENSE, TERMS OF USE, AND COPYRIGHT NOTICE. IF YOU DO NOT AGREE TO THIS DOCUMENT, THEN IMMEDIATELY REMOVE THE DOWNLOADED PRODUCT(S) FROM YOUR COMPUTER AND DESTROY ALL COPIES. ANY BREACH OF THIS AGREEMENT WILL BE PROSECUTED TO THE FULL EXTENT OF THE LAW.
License Grant
"This eBook and/or Software" refers to the ebooks, manuals, videos, audios, and software packaged together under the name "The List Formula" and refers to each item both individually and as a package. The package contains an eBook, videos, audios, and Software and related explanatory written materials ("Documentation"). "eBook and/or Software" includes any upgrades, modified versions, updates, additions and copies of the eBook and/or Software. “eBook and/or Software” can also refer to a collection of individual titles sold as a package. This License applies to each such product in a collection individually, and to the collection as a whole.
"You" means the person or entity being licensed to use the eBook and/or Software or Documentation.
"We", “Our” and "Us" means JenRich Publishing LLC.
We hereby grant You a nonexclusive license to use one copy of the eBook and/or Software on any single computer, provided the eBook and/or Software is in use on only one computer at any time. The eBook and/or Software is "in use" on a computer when it is loaded into temporary memory (RAM) or installed into the permanent memory of a computer—for example, a hard disk, CD-ROM or other storage device.
By opening this eBook and/or Software, You agree to abide by this License Agreement, Terms of Use, Disclaimer, and Copyright Notice (hereinafter the "Agreement") as well as any separate Terms and Conditions (of Use) or other legal documents contained on the website(s) from which You obtained the eBook and/or Software,. By opening this eBook and/or Software, You expressly agree: (1) to be bound by this License Agreement, and any other rules and terms and conditions of the websites which appear in this eBook and/or Software if You choose to visit or use them; and (2) to release Us and the affiliate or reseller from whom You obtained this eBook and/or Software and each of our owners, directors, officers, employees, agents, affiliates, successors, and assigns from any and all liability associated with this eBook and/or Software, and the websites contained in this eBook and/or Software. Failure to comply with this Agreement and/or any violation of the Copyright of this product or any other applicable legal agreements will be prosecuted to the fullest extent of the law. By opening this eBook and/or Software, You also warrant that You are a person over the age of 18.
NOTE: Your personal data will never be sold, shared, rented, or passed on to any third party by the author or publisher of the eBook or the programmer of the Software. They are for Our use so that We may inform You of new passwords and new additions for You to download. You can unsubscribe at any time by simply clicking on the unsubscribe link at the bottom of each mailing -- although doing so would mean that You would no longer receive updated passwords to enter this eBook and/or Software and that this eBook and/or Software may become unusable as a result. For further information, please see the Privacy Policy published at the website.
This eBook and/or Software is provided for informational purposes only subject to the disclaimers contained herein.
Title
We remain the owner of all right, title and interest in the eBook and/or Software and Documentation. We do not convey any intellectual property rights whatsoever (including any Copyright, Trademark, or Patent rights) or any ownership rights of this eBook and/or Software or of any related website(s), content, or any other form of written or programmed material. All rights pertaining to the intellectual property associated with the eBook and/or Software are owned either by Us or a third party.
All links to websites other than those to www.TheListFormula.com are trademarked and/or copyrighted by their respective owners. www.TheListFormula.com is subject to copyrights and/or trademarks owned by JenRich Publishing LLC. This License does not in any way give You any right or privilege with respect to any Trademarks or Copyrights, including those owned by third parties. Where applicable, You are to honor the third party Trademarks and Copyrights. Any violation of a third party Trademark or Copyright will be prosecuted to the fullest extent of the law by both Us and the third party, as permitted by law.
All Trademarks, Tradenames, Business Names, Logos, and website URLs (including those of JenRich Publishing LLC) contained within this eBook and/or Software are copyrighted by their respective owners and may not be reproduced, in whole or in part, unless left intact, explicitly in the order, location, and manner in which they are used within this eBook and/or Software.
Archival Or Backup Copies
You may either:
(1) make one copy of the eBook and/or Software solely for backup or archival purposes,
or
(2) transfer the eBook and/or Software to a single hard disk, provided You keep the original solely for backup or archival purposes.
Things You May Not Do
The eBook and/or Software and Documentation are protected by United States copyright laws and international treaties. You must treat the eBook and/or Software and Documentation like any other copyrighted material--for example a book. You may not:
● copy the Documentation, ● copy the eBook and/or Software except to make archival or backup copies as provided above, ● modify or adapt the eBook and/or Software or merge it into another program, ● reverse engineer, disassemble, decompile or make any attempt to discover the source code of the eBook and/or Software, ● place the eBook and/or Software onto a server so that it is accessible via a public network such as the Internet, or ● sublicense, rent, lease or lend any portion of the eBook and/or Software or Documentation.
Transfers
You may NOT transfer any of Your rights to use the eBook and/or Software and Documentation to any other person or legal entity.
Warranty
THE eBOOK AND/OR SOFTWARE IS PROVIDED "AS IS." WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE ALSO DISCLAIM ALL OBLIGATIONS AND LIABILITIES FOR DAMAGES, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT AND CONSEQUENTIAL DAMAGES, ATTORNEY FEES AND COURT COSTS ARISING FROM OR IN CONNECTION WITH THE USE OF THE SOFTWARE LICENSED UNDER THIS AGREEMENT.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
We do not warrant, guarantee, or make any representations regarding the use, or the results of the use, of the eBook and/or Software or of the websites, products, services or written materials contained on the website as to the correctness, accuracy, reliability, or freshness, of the eBook and/or Software. The entire risk as to the results and performance of the eBook and/or Software, and any or all website(s), software, products or services contained therein or referenced by such eBook and/or Software, are assumed by You if the eBook and/or Software, website(s), related software, products, services, or written materials are defective. You assume the entire cost of all necessary servicing, repairs, or corrections.
While attempts have been made to verify information contained in this eBook and/or Software, We do not assume any responsibility for errors, omissions, interpretation or usage of the subject matter herein.
Limited Remedy
Our entire liability and Your exclusive remedy shall be:
● the replacement of the eBook and/or Software (if such replacement is available) which is returned to us with a copy of Your receipt, or ● ● if We are unable to deliver a replacement that is free of defects in materials or workmanship, You may terminate this Agreement by returning the eBook and/or Software and Documentation and Your money will be refunded in accordance with this Agreement.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF OR THE INABILITY TO USE THE eBOOK AND/OR SOFTWARE (EVEN IF WE OR AN AUTHORIZED AFFILIATE OR RESELLER HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
REFUNDS
If You have purchased the eBook and/or Software to which this Agreement applies, and You did not receive the eBook and/or Software at no charge, and You do not agree with this License, then You must make a request for a refund, in writing, within 24 hours of said purchase or You are deemed to have accepted this License in full. In the event that You have another disagreement or conflict, You must send a notice in writing to Legal (at) TheListFormula.com(replacing the "(at)" with the "@" symbol and removing the spaces), including a personal statement to the effect that You have destroyed all copies of any eBook and/or Software received. Further, You must include a copy of any receipt for purchase and full seller contact information.
Only the seller from whom You purchased this License may make a refund to You and, even then, all sales are final and all refund requests must be submitted not later than thirty (30) days after purchase. Only sums of money directly received from You by Us or by the reseller may, at Our sole discretion, be refunded to You, on either a full or prorated basis. In the event that You purchased this license from a reseller, then We have no responsibility to issue any refund to You, and You must apply for a refund directly from the reseller from whom You made the purchase.
In the event that You choose not to follow these explicit instructions and instead file for a refund directly with any merchant processor causing any damage whatsoever with the relationship between Us and the merchant processor or between Our reseller and the reseller's merchant processor, not only shall You be held liable for any actual damages caused to the respective merchant account(s), but You may also be liable for liquidated damages in the amount of $1,000 per occurrence or the total amount of the purchase price, whichever is higher.
FAILURE TO HONOR REFUNDS
All resellers must promptly honor refunds, in the event that a purchaser does not agree with this License, provided, however, that said purchaser has complied with the requirements of the prior paragraph and made such request in writing within 24 hours after purchasing or downloading this eBook and/or Software. Any reseller not promptly honoring such refund request shall immediately lose any rights granted at the time of purchase to the reseller, without any right to any related refund of the reseller's License. All resellers must be courteous, professional, and deliver eBooks and/or Software ordered in a convenient and timely manner for the customer's benefit.
Term and Termination
This license agreement takes effect upon Your download of the eBook and/or Software, or, if provided on physical media, then upon Your receipt of the media from Us, and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in Your possession. It will also automatically terminate if You fail to comply with any term or condition of this license agreement. You agree on termination of this license to either return to us or destroy all copies of the Software and Documentation in Your possession.
Confidentiality
The eBook and/or Software contains trade secrets and proprietary know-how that belong to us and it is being made available to You in strict confidence. ANY USE OR DISCLOSURE OF THE eBOOK AND/OR SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
Arbitration
The parties agree to submit any dispute under this License to binding online arbitration, or in the event that this is not practicable, then binding arbitration in the following Florida, United States of America, under the commercial rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator may be entered in any court with jurisdiction to do so.
Attorney Fees
If any legal action is necessary to enforce this License, the prevailing party shall be entitled to reasonable attorney fees, costs and expenses in addition to any other relief to which it may be entitled.
General Provisions
1) Complete Agreement: This License together with the Terms and Conditions, the Privacy Policy, and the Earnings/Income Disclaimer which can be found on the website and which are incorporated herein by reference, is the sole and entire Agreement between the parties. This Agreement supersedes all prior understandings, agreements and documentation relating to such subject matter.
2) Modifications to License: Modifications and amendments to this License shall be enforceable if they are in writing and posted on the website. We reserve the right to modify this Agreement at any time, without notice.
3) Applicable law: This License will be governed by the laws of Florida, United States of America.
4) Notices: All notices and other communications given in connection with this License shall be in writing and shall be delivered via email to the email address given at the time of purchase, and to Us at Support (at) TheListFormula.com.
5) You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
6) We reserve the right to terminate any affiliate program associated with the sale of this eBook and/or Software and the associated website(s) at any time, without warning, and We are responsible for any results forthcoming from said termination.
7) Any earnings or income statements, or earnings or income examples, whether contained on the website(s) or within this eBook and/or Software are only estimates of what anyone thinks You could earn. There is no assurance You will do as well. If You rely upon any hypothetical figures, You must accept the risk of not doing as well. Any and all claims or representations as to income earnings contained on the website(s) or within this eBook and/or Software or on any sites contained therein, are for illustration purposes only and are not to be considered as average earnings. There can be no assurance that any prior successes or past results as to income or earnings can be used as an indication of Your future success or results. The amount of time and effort that You spend marketing and promoting this opportunity will directly correlate with Your income result. For further information, see the Earnings Disclaimer found on the website.
8) Anyone who violates this License or its terms will forfeit any right to continue marketing this eBook and/or Software, should any such rights exist, whether the person or entity is distributing the eBook and/or Software or whether the person or entity is an affiliate of TheListFormula.com. Further, if any such person or entity shall have had Resale Rights or Master Resale Rights, any such Resale Rights or Master Resale Rights shall be immediately forfeited without refund. We will immediately notify anyone violating this Agreement via email to the email address provided at the time of purchase or download. We reserve the right to immediately terminate the user ID and/or password of the violator, and the violator will no longer be able to use the eBook and/or Software; access the download area of the website; and any copies that the violator may have previously distributed may also be disabled and become unusable.
Specific Terms and Conditions of License Type
Please read and understand Your limited license rights to giveaway, brand, sell, resell, or convey any specific rights granted to You based on the package type and/or license type You have purchased or the type of license that came with Your free download. We may allow different license types for this eBook and/or Software. Contained within Your download You will find a ReadMe.txt file. At either the top of the ReadMe.txt file and/or on Your receipt, or on both, You will learn whether You have a non-brandable or brandable version, whether You have purchased resale rights or not, and whether You have purchased mater resale rights or not. If You have downloaded this eBook and/or Software at no charge, then You have no resale rights and no master resale rights. If there is no ReadMe.txt file and no notation on Your receipt, then You have only a standard License to use this eBook and/or Software and have no right to brand, sell, or giveaway Your copy. In that event, You only have a license for Your own use of this eBook and/or Software. For each class or category of license, the following rules apply.
For any and all license types:
a) You may not make any claims to ownership of the content or ideas contained in the eBook and/or Software.
b) You may not make any changes whatsoever to this eBook and/or Software.
c) You have no right to promote the product by any illegal methods, including but not limited to, spamming. In the event that Your distribution of this eBook and/or Software results in any spam complaint, You agree to indemnify and hold harmless the author or publisher of the eBook or the programmer of the Software, individually and collectively for all expenses and damages associated with any such spam complaint and further, You agree to pay liquidated damages in the sum of $10,000 to each of them as a result of any such spam complaint.
d) You have no right to distribute this eBook and/or Software in any format whatsoever, either as individual products or as a package.
Copyright © 2006 Michael E. Young and Gina Gaudio-Graves of http://www.InternetLawToolkit.com, and licensed for use by JenRich Publishing LLC at www.TheListFormula.com. All Rights Reserved. No portion of this document may be copied or used by anyone other than the licensee without the express written permission of Michael E. Young, Esq. or Gina Gaudio-Graves, Esq.
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