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PRODUCERS NETWORK SYSTEM
END USER LICENSE AGREEMENT (“EULA”)
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE SOFTWARE OR ACCESS THE PRODUCERS NETWORK SYSTEM. REMOVE THE PRODUCT FROM YOUR COMPUTER AND RETURN IT TO WHERE YOU RECEIVED IT OR DESTROY IT AND PERMANENTLY ERASE ALL COPIES YOU MAY HAVE RETAINED.
SINGLE-USER PRODUCTS
THIS EULA IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) AND PRODUCERS NETWORK, LLC AND ITS SUBSIDIARIES, PARTNERS AND AFFILIATES ("PRODUCERS NETWORK"). THIS AGREEMENT IS GOVERNED BY THE INTERNAL SUBSTANTIVE LAWS OF THE STATE OF ARIZONA (AND NOT BY THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, AS AMENDED). BY USING THE SOFTWARE OR ACCESSING THE PRODUCERS NETWORK’S SYSTEM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
PRODUCERS NETWORK SYSTEM LICENSE
Producers Network offers this limited license to access its system free to end users through paid agreements with Members of Producers Network. Producers Network free use of its System by all Licensees so long as the Producers Network Member you received System access from is a Member of Producers Network. If the Producers Network Member’s membership is ever terminated, for any reason, this limited License will also be terminated and your access to the Producers Network System will no longer be available.
GRANT OF LICENSE. This License Agreement permits you to use one copy of the Producers Network software to view and access the information contained on the accompanying CD and available on the Internet through the Producers Network site (collectively the "System"), which may include electronic documentation. The System, including all of its associated files, is "in use" on a computer when it is loaded into the temporary memory (i.e., RAM or Cache) or installed into permanent memory (e.g., hard disk, CD-ROM drive, or other storage device) of that computer. This License does not constitute a sale and does not authorize a sale of the System or anything created thereby. Producers Network and its suppliers and licensors retain all rights not expressly granted.
INTELLECTUAL PROPERTY. The System and its contents are protected by copyright, trademark, patent and other applicable laws and international treaties. Your use of this System indicates your acknowledgement that the System contains information, all animations, audio, images, maps, music, photographs, graphics, software, video, methods, text and other material without limitation (collectively, "Content") that are protected by copyrights, patents, trademarks, trade dress, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed. All intellectual property incorporated into the System is owned by Producers Network, and is protected by United States laws and international treaty provisions. All Content is copyrighted as a collective work under the U.S. and International copyright laws, and Producers Network owns a copyright in the selection, coordination, arrangement and enhancement of such Content. Portions of the Content are individually copyrighted under U.S. and International copyright laws. You must treat the System like any other copyrighted material, except that you may make one copy of the software included in the System solely for backup or archival purposes. All rights in derivative works created by the use of or reference to a Property or a System file shall vest exclusively in Producers Network, LLC or its licensors.
You may transfer your limited rights under this Agreement on a permanent basis provided you transfer the license granted by this Agreement, and the software and all associated printed materials, that you retain no copies, and that the recipient agrees to all of the terms of this Agreement. The Producers Network trademarks, tradenames and logos are exclusively owned by Producers Network and are not licensed for any other use. All other trademarks appearing on through the System are trademarks of their respective owners. Use of the intellectual property of others without their express written permission is strictly prohibited.
EXPRESS LIMITATIONS ON LICENSE:
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| · | You may not use the System on or over a network or any other transfer device (including the Internet) except in a manner using the network and online functions included in the System, if any. Use of the System on more than one computer constitutes copyright infringement and may be punishable by civil fines, criminal penalties, or both.
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| · | You may not rent or lease the System or any part of it. |
| · | You may not modify, translate, reverse engineer, decompile, or disassemble the System or any part of it, except to the extent that applicable law expressly prohibits this restriction.
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| · | You may not create and transfer your own System files based upon the files included with the System or use any of the forms included in the System to generate your own System.
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| · | You may not remove any proprietary notices or labels on any portion of the System.
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| · | You may not copy the electronic materials accompanying the System or distribute printed copies of any user documentation provided in electronic format.
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| · | You may not redirect Internet traffic from its pre-set course using the System.
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| · | You may not use the System to do anything that is contrary to the laws of the United States or any country or state where you may be using the System.
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| · | You may not publicly perform or publicly display the System without express written permission from Producers Network.
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| · | You may not export or reexport the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations.
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| · | You may not use any images included in this product containing trademarks or logos of any third-party in any print or electronic media of an editorial, commercial, promotional, or corporate nature.
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| · | You may not resell or sublicense or distribute any of the Properties or all or portions of the System files or any other software files generated by or included in association with the System.
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| · | You may not sell or distribute any item on which any Property is electronically stored, copied, or otherwise printed.
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| · | You may not use the System in any manner that suggests endorsement by Producers Network.
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| · | You may not use the System in or to facilitate any immoral, obscene, hateful, or scandalous works.
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LIMITED WARRANTY. Producers Network, LLC and its affiliates, suppliers and licensors warrant to the original user of the software, for a period of thirty (30) days from the date of receipt of the software on CD, that the media on which the software is distributed is substantially free from defects in materials and workmanship. ANY AND ALL OTHER IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED.
REMEDIES. Your exclusive remedy will be replacement of the software from the Member of Producers Network from which you received the software. Except as set forth above, the Software is sold "AS-IS", without any express or implied warranties of any kind.
LIMITATION OF LIABILITIES. IN NO EVENT WILL PRODUCERS NETWORK, LLC OR ITS SUPPLIERS AND LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, COVER, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SYSTEM OR ANY PART OF IT, USER DOCUMENTATION, OR RELATED TECHNICAL SUPPORT, INCLUDING, WITHOUT LIMITATION, DAMAGES OR COSTS RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, TIME OR COMPUTER PROGRAMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PRODUCERS NETWORK, LLC’S AND ITS SUPPLIERS' AND LICENSORS' LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE REGARDLESS OF THE FORM OF THE CLAIM (INCLUDING, WITHOUT LIMITATION, ANY CONTRACT, PRODUCT LIABILITY, OR TORT CLAIM). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
MISCELLANEOUS. No change or modification of the License will be valid unless it is in writing and is signed by Producers Network, LLC. The provisions of this Agreement are severable; if any provision is held to be invalid or unenforceable, it will not affect the validity or enforceability of any other provision. If the software was acquired outside the United States, then local law may apply.
U.S. GOVERNMENT RESTRICTED RIGHTS. The software and user documentation is provided with RESTRICTED RIGHTS AND LIMITED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable. Producers Network, LLC, P.O. Box 25648, Tempe, AZ, U.S.A.
ADDITIONAL CONDITIONS AND TERMS OF USE
These are Additional Conditions For Use of the Properties contained in the System. If you do not accept the previous conditions under the Grant of License or any of these additional conditions, you must immediately cease all use of this software remove the product from your computer and return it to the location you received it at or destroy it and permanently erase all copies you may have retained.
Producers Network may modify or discontinue the System (or any part thereof) and may add materials to or remove materials from the System with or without notice to you. Producers Network will not be liable to you or to any third party for any modification or discontinuance of the System or removal of content from the Site. You may not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the System, use of the System, or access to the System.
The Producers Network System may include or otherwise reference the data and information of third parties over which Producers Network has no control. The search engines, databases, companies and information to which Producers Network may link may also have additional proprietary rights in the content that is made available to you through the Producers Network System. Producers Network assumes no responsibility for the availability, accuracy, integrity or quality of any Third-Party Content.
Access to, and use of, the Producers Network System, its software and the Content of each is at the risk of the user and solely for your convenience. Producers Network is not responsible for (a) errors or omissions in Third Party Content, (b) offensive, objectionable or defamatory Third Party Content, or (c) loss or damage of any kind incurred as a result of Third Party Content or its unavailability. Any opinion, advice, statement or other information or content expressed or made available by Third Party Content are those of the Third Party and are not endorsed by Producers Network, its parents, or subsidiaries, successors and assigns.
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© Copyright 2005 Producers Network, LLC. Home DiscPlay is a trademark of Producers Network, LLC. All Rights Reserved.
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