End User License Agreement

 

This End-User License Agreement (“EULA”) is a legal agreement between you (“Licensee”) and Mary P. Dunn (“Licensor”), the creator of the Legacy Workshop, including all HTML files, PDF files, text files, graphics files, technology, development tools, scripts and programs (“Workshop Material”), the deliverables provided pursuant to this EULA, which may include associated media, printed materials, and “online” or electronic documentation.

 

By downloading, printing, or otherwise using the Workshop Material, Licensee agrees to be bound by the terms and conditions set forth in this EULA. If Licensee does not agree to the terms and conditions set forth in this EULA, then Licensee may not download, print, or otherwise use the Workshop Material.

 

  1. Grant of License
    1. Scope of License.Subject to the terms of this EULA, Licensor hereby grants to Licensee a royalty-free, non-exclusive license to possess and use the Workshop Material.
    2. Licensee may download or print a maximum of one (1) copy of the Workshop Material solely for Licensee’s use as a facilitator of the Legacy Workshop. Licensee may print only as many copies of the Workshop Material as necessary for distribution to Legacy Workshop attendees.

 

  1. Description of Rights and Limitations
    1. Licensee and third parties may not alter the Workshop Material except and only to the extent that such activity is expressly permitted by Licensor or by applicable law notwithstanding the limitation. Licensee may never distribute Workshop Material to any third party via email or any other electronic means.
    2. Licensor shall from time to time, at its sole discretion, provide updates to the Materials.
    3. Separation of Components. The Workshop Material is licensed as a single product. Its components may not be separated.

 

  1. Title to Workshop. Licensor represents and warrants that it has the legal right to enter into and perform its obligations under this EULA, and that use by the Licensee of the Workshop Material, in accordance with the terms of this EULA, will not infringe upon the intellectual property rights of any third parties.

 

  1. Intellectual Property. All now known or hereafter known tangible and intangible rights, title, interest, copyrights and moral rights in and to the Workshop Materials, including but not limited to all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by Licensor. The Workshop Material is protected by all applicable copyright laws and international treaties.

 

  1. No Support.Licensor has no obligation to provide support services for the Workshop Material.

 

  1. This EULA is effective until:
    1. Automatically terminated or suspended if Licensee fails to comply with any of the terms and conditions set forth in this EULA; or
    2. Terminated or suspended by Licensor, with or without cause.

In the event this EULA is terminated, Licensee must cease use of the Workshop Materials and destroy all copies of the Workshop Material.

 

  1. This EULA shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of Arizona, without regard to conflicts of laws thereof. Any legal action or proceeding relating to this EULA shall be brought exclusively in courts located in Maricopa Country, Arizona, and each party consents to the jurisdiction thereof. The prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, attorneys’ fees. This EULA is made within the exclusive jurisdiction of the United States, and its jurisdiction shall superseded any other jurisdiction of either party’s election.

 

  1. No failure to exercise, and no delay in exercising, on the part of either party, any privilege, and power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of this EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the maximum extent necessary so that this EULA shall otherwise remain in full force and effect enforceable.

 

  1. WARRANTY DISCLAIMER.LICENSOR, AND AUTHOR OF THE WORKSHOP MATERIAL, HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE WORKSHOP MATERIAL. THE WORKSHOP MATERIAL AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LICENSEE ACCEPTS ANY AND ALL RISK ARISING OUT OF USE OR PERFORMANCE OF THE WORKSHOP MATERIAL.

 

  1. LIMITATION OF LIABILITY.LICENSOR SHALL NOT BE LIABLE TO LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE ANY LOSS OF PROFITS, INCOME, SAVINGS, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGE, WHETHER ARISING IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. THESE LIMITATIONS SHALL APPLY REGARDLESS OR THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. UNDER NO CIRCUMSTANCES SHALL LICENSOR’S AGGREGATE LIABILITY TO LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE, EXCEED THE FINANCIAL AMOUNT ACTUALLY PAID BY LICENSEE TO LICENSOR FOR THE WORKSHOP MATERIAL.

 

  1. Entire Agreement.This EULA constitutes the entire agreement between Licensor and Licensee and supersedes all prior understandings of Licensor and Licensee, including any prior representation, statement, condition, or warranty with respect to the subject matter of this EULA.