All information published on this site
is, subject to the proprietary rights of third parties as indicated,
or is the property of Leesana Marketing Group LLC and may not be
duplicated, reproduced, republished or removed from this site
without the prior express written consent of Leesana Marketing Group
LLC. The capabilities of this site and the information accessible is
without any warranty of its performance, accuracy, completeness,
merchantability, good and workmanlike service or fitness for any
particular purpose, and the accesses and user of such information
agrees to waive any and all warranties with respect to same. Access
to this site and use of the information contained thereon and/or the
use of a credit card or other debit device or the creation of any
liability or obligation in connection with the access to or use of
the site is at the user's sole risk. By proceeding to access and/or
use this site and the information contained beyond this page, user
hereby acknowledges and agrees to the term of usage set forth
herein, assumes all risk of such usage and hereby waives any and all
liabilities and damages which may arise out of or is in any way
connected with user's access to or use. In the event you do not
agree to the above and foregoing terms of usage, you are not
authorized to access or use the information and you must exit from
this site.
This is a legal and binding
agreement between you, the Customer, and Leesana Marketing
Group LLC.
By using, installing or accessing the Leesana Marketing
Group LLC website, the Services and
certain Products that are offered, as our Customer you
agree to all of the terms
and conditions of this agreement. If you do not agree to
these terms, the Acceptable
Use Policy or any other Terms and Conditions posted on the
Leesana Marketing Group LLC web site,
all services will be discontinued, activation of the
account will cease and your
account terminated.
END USER LICENSE AGREEMENT
LICENSE GRANT. Subject to the provisions contained herein
and payment of applicable
fees, Leesana Marketing Group LLC hereby grants to you a
non-exclusive, nontransferable, license
to use its accompanying proprietary software application
products offered on the
Leesana Marketing Group LLC web site ("Software",) for
your own use. Such Software is protected by the Leesana
Marketing Group LLC laws of the United States and
international
treaties.
RESTRICTED USE. All rights not expressly granted herein
are retained by Leesana Marketing Group LLC
and its licensors. Except as stated above, this Agreement
does not grant the Customer
any intellectual property rights in the Software. Customer
shall not rent, lease,
transfer or sublicense the Software. Customer shall not
under any circumstances nor
shall Customer permit a third party to
(i) decompile, disassemble, reverse engineer or otherwise
attempt to reconstruct or
discover the source code of the Software or
(ii) prepare derivative of the Software or (iii) remove
any product identification,
Leesana Marketing Group LLC, trademark or other notice
from the Software. Any such copy made
by you shall be subject to this Agreement and shall
contain all of Leesana Marketing Group LLC's
notices regarding Leesana Marketing Group LLC's,
trademarks and other proprietary rights as
contained in the Software originally provided to you.
TITLE. The Software's organization, structure, sequence,
logic, and source code are
valuable to the Company. Any and all title, ownership
rights, and intellectual
property rights in and to the Software and Documentation
shall remain at any and all
times in Leesana Marketing Group LLC and/or its suppliers. Title, ownership rights, and
intellectual property rights in and to the content
accessed through the Software is
the property of the applicable content owner and may be
protected by applicable
Leesana Marketing Group LLC or other law. This License
does not give Customer any rights to
such content.
LIMITED WARRANTY. Leesana Marketing Group LLC warrants to
the Customer, for a period of
ninety (90) days from the date of this agreement,
installation of Software, or
use of services, whichever is earlier, that it will
replace any defective media
on which the Software is provided and that the Software,
if not modified and if
properly installed and used, will substantially conform to
the material
specifications set forth in the documentation, Such
warranties are for the
Customer's benefit only and are not transferable. Leesana
Marketing Group LLC does not
warrant that the Software will operate error free or
uninterrupted or will meet
your requirements. Except for the express warranties
stated in this section, the
Software are licensed "as is" and Leesana Marketing Group
LLC specifically excludes and
disclaims all warranties of merchantability, fitness for a
particular purpose,
statutory non-infringement of third party intellectual
property rights and any
warranty that may arise by reason of trade usage, custom
or course of dealing
and Customer hereby expressly waives any and all such
warranties.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY
HAVE OTHER LEGAL RIGHTS
THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER
NO LEGAL THEORY, TORT,
CONTRACT, OR OTHERWISE, SHALL Leesana Marketing Group LLC
OR ITS SUPPLIERS OR RESELLERS BE
LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES
FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND
ALL OTHER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES
IN EXCESS OF
Leesana Marketing Group LLC'S LIST PRICE FOR A LICENSE TO
THE SOFTWARE AND DOCUMENTATION,
EVEN IF Leesana Marketing Group LLC SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS
LIMITATION OF LIABILITY SHALL
NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE
EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT
ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION AND EXCLUSION
MAY NOT APPLY TO YOU.
EXPORT CONTROLS. You may not download, use or otherwise
export the Software or any
underlying information or technology except in full
compliance with all United
States and other applicable laws and regulations. In
particular, but without
limitation, none of the Software or underlying information
or technology may be
downloaded, used or otherwise exported or re-exported (i)
into (or to a national
or resident of) Cuba, Haiti, Iraq, Libya, Yugoslavia,
North Korea, Iran, Syria or
any other country to which the U.S. has embargoed goods;
or (ii) to anyone on the
U.S. Treasury Department's list of Specially Designated
Nationals or the U.S.
Commerce Department's Table of Deny Orders. By downloading
or using the Software,
you are agreeing to the foregoing and you are representing
and warranting that you
are not located in, under the control of, or a national or
resident of any such
country or on any such list.
TERMINATION. This Agreement is effective until terminated.
Leesana Marketing Group LLC
may terminate this Agreement immediately if Customer
attempts to reverse engineer
the Software or otherwise violate any of the restrictive
uses as described herein.
Otherwise, this Agreement may be terminated by either
party for a breach of any of
its material terms, provided the non-breaching party
provides to the breaching party
30 days written notice describing such breach and offering
the breaching party an
opportunity to cure. Failure to cure a material breach
within the notice period
shall result in automatic termination of this Agreement.
Should this Agreement be
terminated for your material breach, Customer agrees to
remove all copies of the
Software or any part of the Software from any and all
computer storage devices,
and destroy the Software and all Documentation. At Leesana
Marketing Group LLC's request,
Customer or any of Customer's authorized signatory on the
account, shall certify
in writing to Leesana Marketing Group LLC that all
complete and partial copies of the
Software and the Documentation have been destroyed and
that none remain in
Customer's possession or under its control. The provisions
of this Agreement except
for the Section 1, "License Grant," shall survive.
MISCELLANEOUS. This Agreement represents the complete and
exclusive statement
of the agreements concerning this license between the
parties and supersedes
all prior agreements and representations between them. It
may be amended only
by a writing executed by both parties. THE ACCEPTANCE OF
ANY PURCHASE ORDER
PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT
TO THE TERMS SET
FORTH HEREIN, AND Leesana Marketing Group LLC AGREES TO
FURNISH THE SOFTWARE AND
DOCUMENTATION ONLY UPON THESE TERMS AND NOT THOSE
CONTAINED IN YOUR PURCHASE
ORDER. If any provision of this Agreement is held to be
unenforceable for any
reason, such provision shall be reformed only to the
extent necessary to make.
It enforceable, and such decision shall not affect the
enforceability
(i) of such provision under other circumstances or
(ii) of the remaining provisions hereof under all
circumstances. Headings shall
not be considered in interpreting this Agreement. This
Agreement shall be
governed by and construed under the law of Leesana
Marketing Group LLC <state> as such law applies
to agreements between Leesana Marketing Group LLC <state>
residents entered into and to be performed
entirely within Leesana Marketing Group LLC <state>,
except as governed by Federal Law. This
Agreement will not be governed by the United Nations
Convention of Contracts for
the International Sale of Goods, the application of which
is hereby expressly
excluded.
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or
disclosure by the
Government is subject to restrictions set forth in
subparagraphs (a) through
(d) of the Commercial Computer-Restricted Rights clause at
FAR 52.227-19 when
applicable, or in subparagraph (c)(l)(ii) of the Rights in
Technical Data and
Computer Software clause at DFARS 252.227-7013, and in
similar clauses in the
NASA FAR Supplement. Contractor / manufacturer is Leesana
Marketing Group LLC.
P.O. Box 5696, Glendale, AZ 85312