Purchase Turns All Year CD-ROM by PayPal: License Agreement

Turns All Year CD-ROM

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Turns All Year CD-ROM License Agreement

This License Agreement is a legal agreement between You ("Licensee"), the purchaser and/or end user of Turns All Year CD-ROM, and Turns All Year LLC ("Licensor"). By purchasing and/or using Turns All Year CD-ROM You agree to be bound by the terms of this License Agreement. If You do not agree to be bound by the terms of this License Agreement, You may not use Turns All Year CD-ROM.

1. Definitions:
A. "Agreement" means this Turns All Year CD-ROM License Agreement.
B. "Licensor" means Turns All Year LLC.
C. "Licensee", "You", and "Your" mean you, the purchaser and/or end-user of Turns All Year CD-ROM.
D. "CD-ROM" means Turns All Year CD-ROM as a whole.
E. "Component Files" means all of the individual computer files recorded on the media of Turns All Year CD-ROM and the computer code found within each file.
F. "Installation" and "Install" mean to copy Turns All Year CD-ROM to the hard drive of a personal computer owned by You.
G. "Digital Image" means a computer image file saved with jpeg compression and having a file name extension of .jpg.
H. "Content" means Digital Images and text recorded on the media of the CD-ROM which can be made to be human-perceivable by the use of an internet browser, other computer software, or otherwise.

2. Scope of License Agreement:
This Agreement covers the CD-ROM (meaning as a whole), all of its Content, all of its Component Files, the physical media on which the CD-ROM is supplied, and the packaging of the physical media.

3. Intellectual Property Ownership, Copyright Protection:
The CD-ROM and any authorized copies that You make are the intellectual property of and are owned by Licensor and its suppliers. The structure, organization and code of the CD-ROM are the valuable trade secrets and confidential information of Licensor and its suppliers. The CD-ROM is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant You any intellectual property rights in the CD-ROM and all rights not expressly granted are reserved by Licensor and its suppliers. The CD-ROM is licensed, not sold, to You by Licensor. In purchasing the CD-ROM, You are acquiring ownership of (1) the physical media of the CD-ROM on which the Component Files and their Content are recorded, and (2) a license which grants You limited rights to use the CD-ROM as specified in Paragraph 4 below. Nothing in this Agreement shall be deemed to grant You any rights except those specifically granted in Paragraph 4 below. All rights not specifically granted by this Agreement are reserved. Licensor retains ownership of all right, title, and interest in and to the CD-ROM, including, but not limited to, all copyrights, trademarks, and service marks associated with the CD-ROM for which Licensor is the legal owner. Ownership of copyrights for Digital Images, javascripts, and trip report text owned by others and used on the CD-ROM with permission retained by their respective owners.

4. License:
Licensor grants You a nonexclusive license according to the following terms:
A. General: You are allowed to use the CD-ROM only for uses which meet the criteria of being both private and non-commercial. If either of these criteria is not met, the use is not allowed. No other uses of the CD-ROM are allowed. Private: The use must be of a private nature. Private use means that the use of the CD-ROM is confined to You and to immediate personal contacts of You. In the context of this Agreement, private use is the opposite of public use. Non-commercial: The use must be of a non-commercial nature. Non-commercial use means that the use of the CD-ROM does not result in potential or realized financial gain or the exchange of goods or services benefiting anyone, including, but not limited to, You, another person or individual, a group of individuals, or a business entity.
B. Archival Duplication: You are allowed to make one (1) duplicate of the CD-ROM onto CD-R or CD-RW media for archival purposes.
C. Viewing Content: You are allowed to view the Content of the CD-ROM on Your personal computer using internet browser software and other software which renders Digital Images.
D. CD-ROM Installation: You are allowed Install the CD-ROM by copying it onto the hard drives of up to three (3) personal computers owned by You.
E. Computer Limit: You are allowed to have a maximum of three (3) personal computers owned by You with copies of one or more files from the CD-ROM on their hard drives or other storage devices at a given time, not including internet browser caches.
F. Digital Image Use: You are allowed to use Digital Images (.jpg files) from the CD-ROM only for uses which meet the criteria of being both private and non-commercial. If either of these criteria is not met, the use is not allowed. No other uses of Digital Images are allowed. Private: The use must be of a private nature. Private use means that the use of the Digital Image is confined to You and to immediate personal contacts of You. In the context of this Agreement, private use is the opposite of public use. Non-commercial: The use must be of a non-commercial nature. Non-commercial use means that the use of the Digital Image does not result in potential or realized financial gain or the exchange of goods or services benefiting anyone, including, but not limited to, You, another person or individual, a group of individuals, or a business entity.
G. Copying Digital Images: You are allowed to copy Digital Images (.jpg files) from the CD-ROM onto the hard drives of up to three (3) personal computers owned by You for Your own uses which are both private and non-commercial. If the CD-ROM is Installed, you are allowed to duplicate Digital Images (.jpg files) on the hard drives that have the CD-ROM Installed for Your own uses which are both private and non-commercial.
H. E-mailing Digital Images: You are allowed to email as attachments, in small quantities of five (5) or less, Digital Images (.jpg files) to immediate personal contacts of You for uses which are both private and non-commercial provided that the recipient of the Digital Images is made aware of and agrees to accept the terms of this Agreement.
I. Printing Digital Images: You are allowed to make prints of Digital Images (.jpg files) for Your own uses which are both private and non-commercial.

5. License Restrictions
This Agreement allows You to use the CD-ROM only in the ways described in Paragraph 4 above. No other uses are allowed without written permission from Licensor, including, but not limited to, the following:
A. No Commercial Use: You may not use the CD-ROM or any of its Component Files or Content for any commercial use. Commercial use means that the use of the CD-ROM or any of its Component Files or Content is intended to result in potential or realized financial gain or the exchange of goods or services benefiting someone, including, but not limited to, You, another person or individual, a group of individuals, or a business entity.
B. No Public Use: You may not use the CD-ROM or any of its Component Files or Content for any public use. Public use means that the the CD-ROM or some of its Component Files or Content are made available for viewing or other use to individuals or persons other than You and Your immediate personal contacts.
C. No Internet Use: You may not upload the CD-ROM or any of its Component Files or Content to a web server except as allowed in Sub-Paragraph 4H above, and You may not use the CD-ROM or any of its Component Files or Content in a web page, web site, Internet forum, electronic bulletin board system, or photo sharing site regardless of the nature of the use.
D. No Distribution: You may not distribute copies of the CD-ROM or any of its Component Files or Content by any means except as allowed in Sub-Paragraph 4H above, including, but not limited to, file transfer protocol, peer-to-peer file sharing systems, portable storage devices, or duplicated or replicated CDs.
E. No Sharing: You may not make the CD-ROM or any of its Component Files or Content accessible over any type of computer network, including, but not limited to, the Internet, the World Wide Web, peer-to-peer file sharing systems, intranets, or wireless networks, except as allowed in Sub-Paragraph 4H above.
F. No Modification or Derivatives: You may not modify or create derivative works based on the CD-ROM or any of its Component Files or Content.
G. No Sublicensing: You may not lease, rent, lend, or grant sublicenses or any other rights in the CD-ROM or any of its Component Files or Content to others on a temporary or permanent basis.

6. License Termination
Licensor may terminate this Agreement if Licensor finds that You have violated any of the terms of this Agreement. Termination will be effective upon written or electronic notice to You, and upon notice of termination You agree to:
A. Return to Licensor the CD-ROM physical media and all duplications of the CD-ROM, including any unauthorized duplications of the CD-ROM.
B. Permanently delete all Installed copies of the CD-ROM from computer hard drives or other storage devices, including any unauthorized copies of the CD-ROM.
C. Permanently delete all Component Files and Content of the CD-ROM from computer hard drives or other storage devices, including any unauthorized copies of Component Files or Content.

7. License Transfer:
You are allowed to make a one-time, permanent transfer in their entirety of the license rights granted to You by this Agreement to another individual, provided that You retain no copies of the CD-ROM or any of its Component Files or Content and provided that the transfer recipient reads and agrees to accept the terms of this Agreement.

8. Limited Warranty
Licensor warrants that the physical media of the CD-ROM will be free of defects in materials and worksmanship under normal use for a period of ninety (90) days from the date of retail purchase. If a defect appears in the media of the CD-ROM during the warranty period, Your exclusive remedy shall be to return the CD-ROM and all associated materials, along with a copy of Your purchase receipt and a description of the defect, to Licensor; You are responsible for all shipping costs. Licensor shall either provide You with a replacement for the defective CD-ROM or refund Your purchase price, at Licensor's option. If the defect is determined by Licensor to be due to misuse, negligent use, or accidental damage, the warranty shall be void and the defective CD-ROM will be returned to You.

9. NO WARRANTY
Except for the express limited warranty as set forth in Paragraph 8 above, this CD-ROM is being delivered to You "AS IS" and Licensor makes no warranty as to its use or performance. Licensor provides no technical support, warranties or remedies for the CD-ROM. LICENSOR AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE CD-ROM. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of Paragraphs 7, 8 and 9 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the CD-ROM after termination of this Agreement.

10. LIMITATION OF LIABILITY
IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A LICENSOR'S REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. LICENSOR'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE CD-ROM, IF ANY. Nothing contained in this Agreement limits Licensor's liability to you in the event of death or personal injury resulting from Licensor's negligence or for the tort of deceit (fraud). Licensor is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information, please contact Licensor.

11. Export Rules
You agree that the CD-ROM 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 (collectively the "Export Laws"). In addition, if the CD-ROM is identified as export controlled items under the Export Laws, You represent and warrant that You are not a citizen of, or otherwise located within, an embargoed nation (including without limitation Iran, Syria, Sudan, Libya, Cuba, and North Korea) and that You are not otherwise prohibited under the Export Laws from receiving the CD-ROM. All rights to use the CD-ROM are granted on condition that such rights are forfeited if You fail to comply with the terms of this Agreement.

12. General
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may be modified only by a writing signed by an authorized officer of Licensor. Updates may be licensed to You by Licensor with additional or different terms. This is the entire agreement between Licensor and You relating to the CD-ROM and it supersedes any prior representations, discussions, undertakings, communications, FAQ answers, or advertising relating to the CD-ROM. The outline and headings contained in this Agreement have been inserted only as a matter of convenience and for reference, and in no way shall be construed to define, limit, or describe the scope or intent of the Agreement or the intent of any provisions thereof. This Agreement shall be governed by the laws of the State of Washington, and any action relating to this Agreement or the CD-ROM shall have its venue in Seattle, Washington. All questions concerning this Agreement shall be directed to Turns All Year LLC, PO Box 25696, Seattle, WA, 98165.

End of Turns All Year CD-ROM License Agreement
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