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You MUST read and agree to these terms and conditions before you
can purchase the Connect2Content software application Site. Please read
them carefully. These terms and conditions, as accepted by you constitute
a legally binding contract.
I. SOFTWARE LICENSING FEES
You can purchase an annual license to the Connect2Content software for
59.95 USD, which includes our exclusive content-delivery software
plus customer support.
II. DEFINITIONS
"Agreement" and/or "License Agreement" shall
mean this License Agreement and
any and all documents incorporated by reference, including but not
limited to
the Connect2Content Privacy Policy Statement; (b) "you," and/or
"your" shall mean
the individual or a legal entity exercising rights under, and complying
with all
of the terms of, this Agreement; (c) "Licensed Software"
shall mean Connect2Content
technology, which includes computer Software (including any upgrades
or modified
versions) and may include media, printed materials, and "online"
or electronic
documentation; (d) "Product" shall mean the combination
of the Licensed Software
and the underlying Software product in which the Licensed Software
is
incorporated; (e) "Demographic Information" shall mean
any information that is
not Personally Identifying Information, and shall include, but is
not limited to
your gender, age, zip code, browser type, operating system, and
Internet
protocol (IP) address and (f) "Personally Identifying Information"
shall mean
any information that identifies you to others, and shall include,
but shall not
be limited to your first and last name, home or other physical address
including
street name and name of city or town, e-mail address, and telephone
number and
(g) Connect2Content shall mean Connect2Content, and its licensees, licensors
and agents, and (h) "auto update" shall mean the automatic updating
of Connect2Content technology or the technology of its partners on your computer.
III. NON-ASSIGNABILITY/THEFT OF LOGIN
Your Software license key may not be assigned or transferred to
any other person or entity. Licensee must promptly inform Connect2Content
of any apparent breach of security, such as loss, theft, or unauthorized
disclosure or use of their Software license key. Until the Connect2Content
is notified, by e-mail, or by telephone, of any breach in security,
the Licensee will remain personally liable for any unauthorized
use of the Software. Licensee is and shall be personally liable
for, and shall defend, indemnify and hold harmless, the Connect2Content
from any and all damages (including loss of profits, loss of property,
fines and penalties), losses and costs (including attorneys' fees)
resulting from any attempted or actual unauthorized downloading
or other duplication whether solely by Licensee or with or under
the authority of any other including governmental agency.
IV. LICENSE
Connect2Content software licenses are provided for personal, non-commercial
use by licensees of the Connect2Content software application. Licensees
are granted a single license that will be delivered to their home
address. Licensees may also download (on a single computer only)
the Connect2Content software application for personal, non-commercial
use only. Commercial use of the Software is strictly prohibited.
In addition, you may not modify the Software in any way; sale or
rental; remove, modify or alter any copyright or other proprietary
notice, or trademarks therefrom; or transfer any Software to another
person. Connect2Content reserves the right to terminate this license
at any time if you breach the terms of this agreement, in which
case you will be obligated to immediately destroy the
V. DISCLAIMERS
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESSED
OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF
MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS
FOR A PARTICULAR PURPOSE. Connect2Content offers no assurance that a
licensee will have uninterrupted or error free use of the Software.
Connect2Content does not warrant the accuracy or completeness of the
information, text, graphics, or other items contained within the
Software.
ANY OF THE INFORMATION OFFERED ON THE SOFTWARE MAY CHANGE AT ANY
TIME WITHOUT NOTICE. To the extent licensee is located where such
disclaimer is inapplicable or restricted, the disclaimer may not
apply and licensee may have legal rights which vary from state to
state or jurisdiction. Connect2Content makes no representation as to
any of the information contained within the Software. Should the
materials or services provided prove defective and/or cause any
damage to equipment or any loss or inconvenience to the licensee,
licensee assumes the entire cost and responsibility for same. IN
THE EVENT THAT Connect2Content ARE FOUND LIABLE FOR ANY FAILURE TO PERFORM,
ERROR, OMISSION, INTERUPTION, DEFECT, DELAY OR OTHERWISE AND REGARDLESS
OF WHETHER BASED UPON BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER
CLAIM OR CAUSE OF ACTION, THE MAXIMUM LIABILITY OF Connect2Content SHALL
BE FOR NO MORE THAN THE AMOUNT OF THE LICENSE FEE PAID BY OR ON
BEHALF OF THE LICENSEE FOR THE PRECEEDING MONTH. Some states or
jurisdictions do not allow the limitation or exclusion of liability
for incidental or consequential damages, so the above limitation
or exclusion may not apply. However, under no circumstances and
under no legal theory shall Connect2Content, or any of their suppliers,
licenses or be liable, to licensees or others for any indirect,
special, incidental or consequential damages of any character including,
without limitation, damages for losses of any kind, including but
not limited to, loss of good will,
work stoppage, computer or other equipment failure or malfunction.
Licensees are responsible for providing all personal computer and
communications equipment necessary to use the Software. The Software
is proprietary and constitutes valuable intellectual property, which
is copyrighted and is protected under treaty provisions and worldwide
copyright laws. The Software may not be reproduced, copied, edited,
published, transmitted or uploaded in any way without written permission.
Except as expressly stated in the limited license provision of these
terms and conditions, purchase of a license does not grant any express
or implied right to you under any of its trademarks, copyrights
or other proprietary information. These terms and conditions are
to be governed and construed by California law. The application
of the United Nations Convention of Contracts for the International
Sale of Goods is expressly excluded. In the event of a dispute arising
out of or relating to these terms and conditions, or your use of
the Software, litigation must be brought in state or federal court
in the County of Los Angeles, California.
License agreement
By using software of Connect2Content Incorporated or its subsidiaries
("Connect2Content"); you agree to the following terms and conditions.
If you do not agree with such terms and conditions; do not use the
software. The terms of an end user license agreement accompanying
a particular software file upon installation or download of the
software shall supersede the terms presented below.
The export and re-export of Connect2Content software products are controlled
by the United States Export Administration Regulations and such
software may not be exported or re-exported to Cuba; Iran; Iraq;
Libya; North Korea; Sudan; or Syria or any country to which the
United States embargoes goods. In addition; Connect2Content software
may not be distributed to persons on the Table of Denial Orders;
the Entity List; or the List of Specially Designated Nationals.
By downloading or using an Connect2Content software product you are
certifying that you are not a national of Cuba; Iran; Iraq; Libya;
North Korea; Sudan; or Syria or any country to which the United
States embargoes goods and that you are not a person on the Table
of Denial Orders; the Entity List; or the List of Specially Designated
Nationals.
If the software is designed for use with an application software
product (the "Host Application") published by Connect2Content;
Connect2Content grants you a non-exclusive license to use such software
with the Host Application only; provided you possess a valid license
from Connect2Content for the Host Application. Except as set forth below;
such software is licensed to you subject to the terms and conditions
of the End User License Agreement from Connect2Content governing your
use of the Host Application.
DISCLAIMER OF WARRANTIES: YOU AGREE THAT Connect2Content HAS MADE NO
EXPRESS WARRANTIES TO YOU REGARDING THE SOFTWARE AND THAT THE SOFTWARE
IS BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY
KIND. Connect2Content DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE;
EXPRESS OR IMPLIED; INCLUDING; WITHOUT LIMITATION; ANY IMPLIED WARRANTIES
OF FITNESS FOR A PARTICULAR PURPOSE; MERCHANTABILITY; MERCHANTABLE
QUALITY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. Some states or
jurisdictions do not allow the exclusion of implied warranties;
so the above limitations may not apply to you.
LIMIT OF LIABILITY: IN NO EVENT WILL Connect2Content BE LIABLE TO YOU
FOR ANY LOSS OF USE; INTERRUPTION OF BUSINESS; OR ANY DIRECT; INDIRECT;
SPECIAL; INCIDENTAL; OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING
LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT;
TORT (INCLUDING NEGLIGENCE); STRICT PRODUCT LIABILITY OR OTHERWISE;
EVEN IF Connect2Content HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states or jurisdictions do not allow the exclusion or limitation
of incidental or consequential damages; so the above limitation
or exclusion may not apply to you.
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