For P.C. - MAC - VISTA - LINUX -
End User License Agreement (EULA) / Terms of Service for Orders, Books, Ebooks & Downloads on this Website
(Please Note: We will try to place a summary here, when we have the chance and have finished updating the other pages of the Website. )
This agreement is the End-User License Agreement between you, [that is the sofware/Ebook user or downloader, or person or organization that has ordered and/or paid for any order, book(s), software, Ebook and/ or download] - and the Vendor and/or website that offers these downloads to you as explained below.
The Purpose of this agreement is to protect the Vendor / Supplier and to make it possible for the continuance of their operations and activity in such a way to as to undertake actions that would be helpful and positive, as Vendor/ Supplier understands the terms "helpful and positive".
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NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT
LEGAL - Terms of Service and Terms of Use of Software/Ebook of Vendor/Licensor
1. Definitions. "Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) Vendor/Licensor or third party computer information or software; (ii) digital images, stock photographs, clip art, books in electronic format, articles, news or text in any language, sounds or other artistic works (including "Stock Files"); (iii) related explanatory written materials or files ("Documentation"); and (iv) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Vendor/Licensor (collectively, "Updates"). "Dollar" shall mean United States Dollar, or Federal Reserve Note, One U.S. Dollar for the purposes of this Agreement being presumed to be equal to One Federal Reserve Note bearing the amount of its value to be "One" Federal Reserve Note." Vendor/Licensor" means the person or party that owns the Ebooks to which you are being granted a conditional license under this EULA. . EULA means End User License Agreement which is the document you are currently reading. Ebook shall mean Electronic Book meaning all documents in PDF Format or in Electronic Book format or in Electronic File Format. "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Permitted Number" means two (2) unless otherwise indicated under a valid license (e.g. volume license) granted by Vendor/Licensor. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
NOTICE: This is a contract. By purchase, download or use of one or any of our Ebooks, you agree to the terms of this End-user License agreement.
COPYRIGHT. This software is protected by United States Copyright law and International treaties. In order to protect our rights under these laws, you are granted only permission to use this software in accordance with this contract. This contract grants you the license to use the software, and no other rights not specifically assigned within this agreement.
USE OF THE SOFTWARE AND OF ANY OF OUR EBOOKS
or ELECTRONIC FILES. You may use this Ebook ‘like a book’.
A book can only be used in a single place at a time, and may not be copied without breaching copyright. Each licensed copy of this Ebook may be used by the official registrant of this copy. Use in more than one location, whether by multiple copies of the software, or by sharing a single copy using a computer network, is in violation of this license. In the occasional cases where multiple copies are supplied by us, for instance versions for multiple computer platforms, that does Not grant additional rights to use more than one copy of the same Ebook at the same time. Those who want copies of this Ebook for their own use are encouraged to contact us directly by Email at our Website (Our Email can be found at the Book Section of our website or may be listed in this Ebook).
Software License. As long as you comply with the terms of this End User License Agreement (the "Agreement"),
Vendor/Licensor grants to you a non-exclusive license to Use the Software for the purposes described in this End-user License Agreement. Some third party materials included in the Software may be subject to other terms and conditions, such as the plug-in that we may require for security or authentication purposes.General Use. You may install and Use a copy of the Software on your compatible computer, up to the Permitted Number of computers; or
Server Use. You may install one copy of the Software on your computer file server for the purpose of downloading and installing the Software onto other computers within your private personal non-commercial internal network up to the Permitted Number or you may install one copy of the Software on a computer file server within your internal network for the sole and exclusive purpose of using the Software through commands, data or instructions on your internal network. No other network use is permitted, including but not limited to, using the Software either directly or through commands, data or instructions from or to a computer not part of your internal network, for internet or web hosting services or by any user not licensed to use this copy of the Software through a valid license from Vendor/Licensor
Backup Copy. You may make one backup copy of the Software, provided your backup copy is not installed or used on any computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided in the sections herein.
Home Use. You, as the primary user of the computer on which the Software is installed, may also install the Software on one of your home computers. However, the Software may not be used on your home computer at the same time the Software on the primary computer is being used.
Software Required for Ebook use: as of this eula, in order to use our PDF or Ebooks in PDF format, you must have an Adobe PDF Reader between versions 5.1 and 8.0 or higher. However, other versions of Adobe PDF Reader may work in certain circumstances (such as Adobe Reader 4.0), and you should contact us by email if interested in more details.
Internal Content of Sofware/Ebooks - The images and copies, and the Contents of the Software/Ebook remain subject to original rights of licensor owner and the proprietary distribution license agreement between vendors and distributors, at discretion of license owner.
Download Process - The Downloading process of the Software/Ebooks may be accomplished by email, or through the use of telephone lines, wireless means, wi-fi or Wi-max, or by other means of telephony or telecommunication such as satellite or Cellular Phones, or Mobile Phones. This Agreement shall be in effect regardless of the process used for download.
Stock Files. Unless stated otherwise in the "Read-Me" files associated with the Stock Files, which may include specific rights and restrictions with respect to such materials, you may NOT display, modify, reproduce and distribute any of the Stock Files included with the Software. However, you may not distribute the Stock Files on a stand-alone basis, i.e., in circumstances in which the Stock Files constitute the primary value of the product being distributed. Stock Files or any data, files, images, graphics, text may Not be used in the production of libelous, defamatory, fraudulent, lewd, or obscene material nor may it be used in any material that infringes upon any third party intellectual property rights or in any otherwise illegal manner as determined by the U.S. Constitution and the Bill of Rights. You may not claim any trademark rights in the Stock Files or derivative works thereof, and agree to forfeit any such claims by the downloading and/or use of these Ebooks and/or software.
Intellectual Property Rights.
The Software and any copies that you are authorized by
Vendor/Licensor to make are the intellectual property of and are owned by Vendor/Licensor and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Vendor/Licensor and its suppliers. The Software is protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used that are not contrary to U.S. Domestic laws and the U.S. Constitution.Unless agreed upon by prior written consent from
Vendor/Licensor you agree not to modify, adapt or translate the Software.You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software/ Ebook nor any portion thereof.Vendor/Licensor has the right and reserves the right to impose reasonable conditions and to request fees before providing such information. Any information supplied by Vendor/Licensor or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software.
Requests for information should be directed to the
Vendor/Licensor Support Department. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners' names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give you any rights of ownership in that trademark. This Agreement does not grant you any intellectual property rights in the Software.Transfer
You may not, rent, lease, sublicense or authorize all or any portion of the Software to be copied onto another users computer, telephone, mobile phone, mobile device, PDA or other electronic mobile device, which may or may not be wireless, including but not limited to wimax, except as may be expressly permitted herein. Notwithstanding the foregoing, you may not transfer education, pre-release, or "not for resale" copies of the Software. You may share or copy Free Ebook files on a private personal non-commercial basis if they are specifically designated by us on the website as Free and ALSO UNENCRYPTED or where no registration is required in order to use them, or where the release for Free File sharing is enclosed within the PDF or Ebook file, so long as the Content of that PDF or Ebook is not altered in any way.
LIMIT OF LIABILITY. In all cases the liability for any use of this Ebook shall be limited to our discretion of the replacements of this Ebook or Electronic File, at our discretion. No Warranty is implied for any Ebook or Electronic Files that we have released for Free. Liability shall not be extended to any claim for damages in relation to loss of data, loss of profit, or any consequential damages, even if we have been advised of the possibility of such claim.
NO WARRANTY. The Software and/or Ebook and/or Electronic File or any portion thereof is being delivered to you "AS IS" and VENDOR/LICENSOR makes no warranty as to its use or performance. VENDOR/LICENSOR AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. 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, VENDOR/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 Software and/or Ebook and/or Electronic File or any portion thereof is being delivered to you "AS IS" and VENDOR/LICENSOR makes no warranty as to its use or performance. However, in addition to state the following expressly, any option for refund where payment is made by Credit Card shall expire after thirty days of the purchase of the Ebook / Software. Further, all rights to attempt to cancel payment, withhold or stop any payment made by credit card shall be waived and are waived within seven calendar days of the activation or download of the Ebook purchased.
Free Ebook and/or Pre-release Product Additional Terms. If the product you have received with this license is pre-commercial release or beta Software ("Pre-release Software"), or a Free Ebook, or an Ebook or Electronic File downloaded in an authorized manner from Vendor/Licensor, then the following Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supercede such other term(s) and condition(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a pre-release version, does not represent final product from Vendor/Licensor and may contain bugs, errors and other problems that could cause system or other failures and data loss. Consequently, all Free Electronic Books and downloads including the Pre-release Software is provided to you "AS-IS", and Vendor/Licensor disclaims any warranty or liability obligations to you of any kind. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, Vendor/Licensor LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF ONE DOLLAR(U.S. $ 1) IN TOTAL, but only after plaintiff has fully paid and reimbursed Vendor/Licensor for any costs involved in litigation or defense during legal proceedings, including any trial or arbitration . You acknowledge that Vendor/Licensor has not promised or guaranteed to you that Pre-release Software will be announced or made available to anyone in the future, that Vendor/Licensor has no express or implied obligation to you to announce or introduce the Pre-release Software and that Vendor/Licensor may not introduce a product similar to or compatible with the Pre-release Software. Accordingly, you acknowledge that any research or development that you perform regarding the Pre-release Software or any product associated with the Pre-release Software is done entirely at your own risk. During the term of this Agreement, if requested by Vendor/Licensor, you will provide feedback to Vendor/Licensor regarding testing and use of the Pre-release Software, including error or bug reports. You agree that you may not and certify that you will not sublicense, lease, loan, rent, transfer or otherwise communicate any content or portion thereof of the Pre-release Software. Upon receipt of a later unreleased version of the Pre-release Software or release by Vendor/Licensor of a publicly released commercial version of the Software, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all earlier Pre-release Software received from Vendor/Licensor and to abide by the terms of the End User License Agreement for any such later versions of the Pre-release Software. Notwithstanding anything in this Section to the contrary, if you are located outside the United States of America, you agree that you will return or destroy all unreleased versions of the Pre-release Software within thirty (30) days of the completion of your testing of the Software when such date is earlier than the date for Vendor/Licensor first commercial shipment of the publicly released (commercial) Ebook and/or Software.
LIMITATION OF LIABILITY. IN NO EVENT WILL VENDOR/LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN VENDOR/LICENSOR 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. VENDOR/LICENSOR AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement limits VENDOR/LICENSOR’s liability to you in the event of death or personal injury resulting from VENDOR/LICENSOR's negligence or for the tort of deceit (fraud).VENDOR/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 see the jurisdiction specific information within this Agreement, if any, or contact VENDOR/LICENSOR Support Department.
Export Rules. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by all constitutional provisions of the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and/or that you are not otherwise prohibited under the Export Laws from receiving the Software, where such prohibition applies exclusively to the encoding and computer programing of the software but NOT to any of the actual words and/or text of the software or Ebook. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
GOVERNING LAW. The domestic laws of the United States shall be used to interpret and govern this license, in accordance with the U.S. Constitution.
Please Note: as a rule, the laws of the U.S. grant more rights to both you the consumer and to us, than the courts of almost any other jurisdiction. Most other citizens of other countries STILL would prefer to be governed by the laws of the USA, than their own domestic or internal laws. Each person has the right to their own opinion. However, where we find and deem this venue appropriate, the jurisdiction of this Agreement between you and us will be a U.S. Court of Competent Jurisdiction, should the need ever arise.
The United Nations convention on contracts for the international sale of goods shall not apply to this agreement.
This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.Through the activities related to the Security and Prosperity Partnership Agreement and other activities, the United States Federal government, the various State or Territorial Governments within the Geographic Boundaries of the United States of America, and other Governments are currently engaged in activities that might have the effect directly or indirectly of either merging, nullifying, amending, changing or altering the laws of the United States, and the laws under which the citizens of the United States are governed and/or have given their consent to be governed by.
This License and Agreement shall survive all changes in jurisdiction or changes to the Statutory Laws of the United States, including but not limited to changes in Jurisdiction as asserted or applied by the United States Federal Government or any agency or agent thereof, or any claims by any third party operating on behalf of the United States Federal Government or any agency or agent thereof.
This License and agreement shall not be subject to the Jurisdiction of the United Nations nor any of its bodies, nor any of its laws, nor any of its agents or organizations that contract with the United Nations, including but not limited to the World Trade Organization.
Within the United States, Mexico or Canada, or within the Nations of the European Union, or subject to the Treaty of Rome, or signatories to the United Nations, Declarations of Martial Law or National Emergency, Health or Medical Emergency or State Emergencies shall in no way effect, alter, void, nor change the provisions of this agreement, which shall survive any such declaration or implementation of said declarations, including declarations of National Health emergencies.
This License and agreement shall not be subject to the Jurisdiction of the United Nations nor any of its bodies, nor any of its laws, nor any of its agents or organizations that contract with the United Nations, including but not limited to the World Trade Organization. This License and agreement shall not be subject to the Jurisdiction of any Court, or Jurisdiction that claims such jurisdiction under Islamic or Koranic law, including the Sharia Law, regardless of the location of such court or jurisdiction. Where any laws or regulations conflict between parties, all parties to this agreement and or using or having used this software and/or ebook hereby agree that the English Common law prior to 1800 shall be sole governing law and basis for jurisdiction.
The language of this License and agreement shall be English Exclusively, and all dispute resolutions or transactions, exchanges or correspondence regarding said topic shall be conducted in English and English only. Conversations or agreements in any other languages including those posted on Website including those posted for minimally minor informational purposes where EULA is posted or is used as the basis for contract/agreement shall not apply and shall be excluded from any basis for change or altering of the terms of this contract. Client, Customer and/or End-user hereby further expressely agrees that English shall be the sole basis of this EULA and/or to resolve any dispute or controversy regarding its implementation. Should the United States enter into any agreement that would allow other languages to be used either in U.S. courts or in Arbitration or as the basis for the official language of law in the United States, Client, Customer and/or End-user nevertheless waives all provisions and recourse to the use of any language except English in any dispute or resolution regarding this EULA, the sole exception being latin as used within the context of Anglo-Saxon common law which may be used in addition to English by Vendor/Licensor and legal counsel of Vendor/Licensor.
This License shall not be subject to the provisions of any Free Trade Agreement including the North American Free Trade Agreement, nor shall this agreement be subject to the provisions of Mexico nor of Canada as the End-user, plaintiff, client and/or customer of Vendor expressly hereby declares and affirms their intention, agreement and consent to be bound exclusively and in perpetuity by the laws of the Jurisdiction of the United States, and the Common Law courts of the Jurisdiction of the United States for this license and the terms under this license and agrement. This provision and all terms and conditions of this agreement shall be in effect and shall be deemed to be in effect regardless of the time, place and manner where the download of Sofware / Ebook took place.
The Language of this Contract shall be English, and all disputes, controversies or questions shall be answered and responded to in English, which functions as the De-Facto International "Lingua Franca".
INTENDED USE. If you are uncertain about the suitability of this product for your purposes, you are advised to contact us (the supplying organization) before purchasing, accepting to use, or making the attempt to use our electronic or other products. The Vendor/Supplier hereby state that they are in full agreement with their operations and activities taking place in a manner with the Free Speech Provisions under Amendment One of the Constitution of the United States, commonly known as the First Amendment of the Bill of Rights. Within that capacity, nothing herein nor any condition of use or license shall constitute a waiver of Speech or Free Speech Rights of the
Vendor/Licensor or any of the authors whom they distribute or any authors or parties contracted with, nor shall anything herein constitute any condition where Vendor/Licensor surrenders or agrees to forgo any Free Speech Rights (of the Vendor/Licensor no any of their affiliates) that are recognized under the First Amendment of the Bill of Rights. Vendor/Licensor does NOT agree to NOT offend nor cause emotional injury to any party. Vendor/Licensor does state for the record their own attempts to avoid emotional injury to others of their own Free Will and Volition where circumstances admit and where possible under circumstances that would not prejudice the sale nor sale or use of the products of Vendor/Licensor. Any human, or organization or legal entity agrees to release Vendor/Licensor from any action or consideration that could be construed as falling under any hate-speech or any hate provisions of any law of any jurisdiction at any time under any circumstance. Use of this Ebook and/or Software shall constitute a permanent waiver by purchaser, client, consumer or customer to bring any actions seeking damages of any kind under any hate speech laws or any portion of said laws or any provision or any other law or statute containing language attempting to limit the free expression, whether written, audio, visual, or other means thereof of vendor and/or the creators or this website or any vendors (sellers) using this website.Freedom of Expression and Conscience provision - Users of any product, software or Ebook of
Vendor/Licensor hereby through the use or attempted use of any of the physical or electronic product(s) hereby voluntarily of their own accord agree to waive any contention that the products, ebooks, websites, books or other communication of Vendor and/or website would constitute, could constitute or do constitute any statement implicit or explicit that either would be or could be construed as hate-speech in any venue or jurisdiction, including any venue or jurisdiction of the United Nations or subject to any of the provisions of licensing or agreements under Internet Corporation for Assigned Names and Numbers.Users of any product, software or Ebook of
Website or Vendor/Licensor hereby through the use of this product hereby voluntarily and expressly waive any claim to jurisdiction and any claim to tort or redress of grievance invoked under the United Nations, the International Criminal Court or the Laws and Treaties of the European Union, or their agencies, courts, or authorized parties. However, users in Jurisdictions outside of the United States hereby agree that within their own Jurisdiction or the laws that they are governed under, that they will agree to remunerate and financially compensate the Vendor/Licensor for any complaint or reporting or attempted reporting on their part which would have the effect of inconveniencing or affecting the operations of Website, Website operator(s), or Vendor/Licensor in any capacity, regardless of jurisdiction. Users of any product, software or Ebook of Vendor/Licensor hereby through the use of this product hereby voluntarily of their own free will assert their own consent and agreement with the principle that all persons are entitled to Freedom of Conscience and to think, believe and conclude whatever they believe is reasonable, in the same manner that the user of this Ebook (who is currently reading this or making use of this document) also believes and makes the same affirmation about themselves, and their own thoughts and actions. Users of any product, software or Ebook of Vendor/Licensor hereby through the use of this product hereby voluntarily assert their own consent and agreement with the legal precedent that affirms and accords with the Free Speech rulings of the United States Supreme Court prior to the year 2000 which affirm that all Speech should be legally unregulated and unrestrained and that though each person is liable for how they may react to said speech, no person or organization should legally have any prior restraint placed upon them where that speech applies to words and text, or the content of Books or Electronic Books, whether on the Internet or off the Internet or in any other venue, network or location, whether in physical space or virtual space. Users of any product, software or Ebook of Vendor/Licensor through the use of this product hereby voluntarily assert that they do waive all rights to civil and/or criminal action or redress of grievance based on the content of the Software/Ebook. Users of any product, software or Ebook of Vendor/Licensor hereby through the use of this product hereby voluntarily assert that they do waive all rights to action under any Speech Code in any jurisdiction and/or venue, including the venue of any college or university. Users of any product, software or Ebook of Vendor/Licensor hereby through the use of this product hereby voluntarily assert that they agree to be personally liable for any and costs of attempting to force or compel Vendor/Licensor to comply with any speech code including those of any college or university. Users of any product, software or Ebook of Vendor/Licensor hereby through the use of this product hereby voluntarily assert their own consent and agreement with the concept and idea that if they object to the content of this Ebook/Software of Vendor/Licensor or any other distributed by Vendor/Licensor, that they should cease and desist from using the said product to which they would or do object. However, the ceasing of the use of the Ebook/Software by End-User shall in no way constitute a right of refund or a right of redress of grievance by authorized End-User towards Vendor/Licensor.All persons, parties, individuals or organizations that either download or attempt to download any Electronic Book or File from this website, whether Free or Not, hereby specifically declare and hereby explicitly state that they 1) waive all rights to any claim - whether commercial or not under Sharia Law or Islamic Law of any kind in any venue 2) waive all rights to any claim - whether commercial or not under Noahide, Judaic Law or Old Testament or Torrah Law of any kind in any venue 3) waive all rights to any claim and all claims - whether commercial or not under the laws, regulations, statutes or rulings of any court of any jurisdiction from the Nation-State of Canada or residing within the Geographical Boundaries of the Nation-State of Canada of any kind in any venue, 4) waive all rights to any claim and all claims - whether commercial or not under the laws, regulations, statutes or rulings of any court of any jurisdiction from the Nation-State of Mexico or residing within the Geographical Boundaries of the Nation-State of Mexico of any kind in any venue, 5) waive all rights to any claim and all claims - whether commercial or not under the laws, regulations, statutes, decisions or rulings of any court of any jurisdiction from any Court of Any kind NOT within the physical Geographic Location of the Nation-State of the United States as defined by the Geographical Boundaries of the United States in the Calendar Year 1993, 6) waive all rights to any claim and all claims - whether commercial or not under the laws, regulations, statutes or rulings of any court of any jurisdiction from any Nation-State or Court or Body claiming jurisdiction under any United Nations Charter or Treaty, or claiming or asserting jurisdiction under any Nation-State or Court or Body claiming or asserting jurisdiction under any Napoleonic Law, Napoleonic Code, or any laws or body of laws, rulings, statutes or court decisions derived from the Code of Napoleon of any kind in any venue, 7) and hereby affirm that the principles and regulations of banking or electronic commerce or electronic transaction under which any commerce is conducted on this website or from any vendor using this website shall be solely the domestic laws of the United States, unless Vendor/Liscensor elects to recourse at law or action at law under the Common Law of the United States at the sole discretion of the Vendor/Liscensor and/or Website Owner.
Notification provision - Users of any product, software or Ebook of
Vendor/Licensor hereby through the use of this product hereby voluntarily assert their own understanding and cognizance and responsibility under this agreement, that where they object to any software/Ebook or any portion or content thereof, regardless of format, regardless of whether content is presented in audio, video, visual format, or text format, that any potential objection that they have will trigger first their own request to have their own rights to read and use this software/Ebook immediately terminated and revoked, in order that they not be further affected through the reading of the Sofware/Ebook and material that they have deemed themselves to have objection to. Client and/or End-user hereby agrees to notify Vendor/Licensor repeatedly though not more than five times, until their own ability to read or use said objectionable Software/Ebook is terminated by Vendor/Licensor.Notification provision - Users of any product, software or Ebook of
Vendor/Licensor hereby through the use of this product hereby voluntarily assert their own understanding and cognizance and responsibility under this agreement, that where they object to any software/Ebook or any portion or content thereof, regardless of format, regardless of whether content is presented in audio, video, visual format, or text format, that any potential objection that they have will trigger first their own request to have their own rights to read and use this software/Ebook immediately terminated and revoked, in order that they not be further affected through the reading of the Sofware/Ebook and material that they have deemed themselves to have objection to. Client, Customer and/or End-user hereby expressely agrees to notify a) in writing b) in English and c) by email Vendor/Licensor/Website of any and all objections that Client, Customer and/or End-user does have or would have to the material or content of the PDF or Electronic Book or Website or Webpage Wording, Text, or other Content at least five business days PRIOR to their lodging any complaint of any kind under any jurisdiction or any venue with any agency, body, organization, or legal or organizational entity, including under the laws of the United States or any State therein, and further agree that should they fail to take such steps as contained in this paragraph in a manner that can be documented electronically by neutral or third party, that they waive all rights to the complaint, objection or action at law that they have initiated agreeing 1) to the dismissal of the complaint, objection or action at law that they initiated, and further to pay, compensate and remunerate Vendor/Licensor and Website Owner ten times the legal costs that arrose as a result of any step or action that Vendor/Licensor and/or Website Owner took or will have taken - regardless of how far the said complaint, objection or action at law proceeds in order to defend the Free Speech rights of Vendor/Licensor and/or Website Owner, the right to commerce or to post online of said Vendor/Licensor and/or Website Owner, or to ensure the commercial viability of Vendor/Licensor and Website as determined by of Vendor/Licensor and/or Website Owner or their legal representative.Notification provision - Client, Customer and/or End-user hereby further expressely agrees to notify a) in writing b) in English and c) by email Vendor/Licensor/Website of any and all objections that Client, Customer and/or End-user does have or would have using the Electronic Mail (Email) address which is posted on the Website of said Vendor/Licensor/Website to which the Client, Customer and/or End-user would or does have any and/or some objection to at least five business days PRIOR to their lodging any complaint of any kind under any jurisdiction or any venue with any agency, body, organization, or legal or organizational entity, including under the laws of the United States or any State therein.
Notification provision - Client, Customer and/or End-user hereby further expressely agrees that nothing shall be construed herein to suggest or assert that Vendor/Licensor and/or Website Owner has waived any constitutional right and/or any right at common law or recognized under the U.S. Bill of Rights of Vendor/Licensor and/or Website Owner.
Notification provision - occasionally, we receive Ebook orders from those who begin or initiate and pay for an Ebook order, but fail to take action in order to complete the order paid for. Any buyer who does not complete the initial registration process whereby their computers are validated by our secure Ebook delivery system (which is available for all Ebook Orders, and remains available also for all Ebooks that require Free Registration) forfeits their right to any refund for any and all paid Ebook orders, unless Registration process is completed or their computer is validated by our system within four days of final payment for Orders. Ebook orders are not processed unless accompanied or preceeded by full payment.
Validation is defined as our ability to confirm that the computer of client / buyer is able to open the Registration PDF which we send to them, or which is sent to them on our behalf, in order to verify the security & connectivity of their computer to the net and /or for the purpose of registration of PDFs and/or Ebooks and/or Electronic Files or Documents. Succesful Validation occurs 1) when their computer is able to open the Registration PDF sent to them and 2) when our computers or validation computers are able to confirm and verify that the Registration PDF (or one of our Ebooks) is able to Open and function properly. [all Validation PDF Registration Files are less than 1 MB and usually less than 500 KB].
Time limits for validation of Registration PDF is instituted so that our schedule and operations are not disrupted because a client decides not to download the Ebooks or open the Ebooks they have ordered. We include this provision even though we acknowledge that this tends to happen infrequently. In the case of a delay in reply or a delay in our connectivity, If the client or buyer is not able to complete the Registration process because of a delay in our own connectivity, or our inabililty to send email to client / user, the four day calendar period shall not count, and shall only commence (begin) when informed that the computer or technical problem on our end has been fixed or repaired.
If the client or buyer is not able to complete the Registration process because of a technical error or problem that is caused by us our by the Registration process, the four day calendar period shall not count, and shall only commence (begin) when informed that the computer or technical problem on our end has been fixed or repaired. Sending an email by us or our Technical Service deparment or Ebook Department or any other department to client / buyer shall constitute full notice of commencement of four day calendar period for Validation of Registration PDF.
Notification provision - This Organization/Vendor/Licensor continues to make all efforts to deliver quality and informative Ebooks as much as possible. However in situations or cases where payment systems used by Organization/Vendor/Licensor are required to change or be altered, where paypal is added or changed, or where Google or other Payment systems are added or altered, nothing herein shall be construed to obligate to continue with original payment services or payment services provider. Contracts / agreements / payments / Orders for books & ebooks shall survive any termination of services with specific Payment services such as, but not limited to Paypal, or Google payment services or systems.
Notification provision - Those who have placed orders for physical books or any product, such as books of Vendor/Licensor hereby through the order, receipt or use of any product hereby voluntarily assert their own understanding and cognizance and responsibility under this agreement, that they are hereby notified where they have ordered physical (non-electronic) books and made payment, that the time period for the delivery of said physical books may be between two weeks and twelve weeks at the discretion of Vendor/Licensor based on supply, availability and other factors that determine how fast we are able to send those items out, and that this clause shall be also valid both domestically inside North America and Internationally as well, consenting to the provisions of this entire agreement herein. We do attempt to ship physical orders as fast as possible, and we will work with clients and customers as much as we are able to the best of our ability.
Users and all parties legally authorized to view and use this software hereby further agree to pay all court costs and all costs associated with the defense of Vendor/Licensor or any party or entity they have contracted with in any court of any jurisdiction, regardless of the outcome of any legal action.
Currency Devaluation - 15 % devaluation threshold trigger. This Section shall only apply to those who have agreed to make repeat payment on a regular recurring basis or on a "multiple-payment" basis, or within the context of a Multiple-Download Package Agreement (MPDA).
If the product you have received with this license is an Ebook (or several/ many of these) or Electronic File (or several/ many of these) paid for by payment on a regular recurring basis or on a "multiple-payment" basis, then the following Section applies. Vendor/Licensor hereby agrees to allow you to download Ebooks in accordance with the terms of this license and the terms of any additional licence for the Multiple-Download Package Agreement (MPDA) you have made with Vendor/Licensor. However, while Vendor/Licensor is willing for you to download and have access to the Ebooks of the MDPA, Vendor/Licensor also desires to be paid in the currency and at the exchange rate at which the original agreement was entered into, between you and Vendor/Licensor, and at that exchange rate on the date at which the agreement came into force and took effect.
Therefore where payment on a regular recurring basis or on a "multiple-payment" basis is to be made, Client/End-user hereby agrees to pay Vendor/Licensor at the rate of exchange entered into on the date of agreement as signified by purchase using Paypal, or Initial Payment made with Credit Card or Debit Card. As such, Client/End-user agrees that the sum total of the Multiple-Download Package Agreement (MPDA) will be determined in accordance with the value of the U.S. Dollar on the date of initial payment, and the relationship of the U.S. Dollar to the value of one ounce of Gold, for said amount of dollars, as determined on the date of agreement as indicated by the initial payment made. Where the value of the U.S. Dollar fluctuates or loses value over the course of time, the End-User hereby agrees to compensate Vendor/Licensor in terms of additional dollars to make up for the loss of the value of the Dollar as an economic unit of commerce, where the value of dollar loses MORE THAN FIFTEEN PERCENT of its value in relationship to the value of the U.S. Dollar and its standing compared to the price of once ounce of Gold) - on the day on which the initial payment of Multiple-Download Package Agreement (MPDA) was made. Obviously
Vendor/Licensor desires to be reasonably remunerated for products purchased and has no wish to find the value of their products and Ebooks diminished or reduced in value, due to deflation or the lesser valuing of each Dollar (in relationship to the price of one ounce of Gold). In case where this clause is triggered by the lessening or reduction in Value of the U.S. Dollar by 15% or more, Vendor/Licensor shall contact client/End-user and bill them for the additional amount, but only such amount as would be sufficient to equal the value of the original Multiple-Download Package Agreement (MPDA) at the time at which it went into effect, within a margin of five dollars ($ 5.00) more or less the value of the Multiple-Download Package Agreement (MPDA). Upon presentation or receipt of such Bill or demand for payment, the Client/End-user agrees to continue to make regular payments as the regular timing as previously agreed, but shall also compensate Vendor/Licensor for the value of the loss of the value of the dollar during the duration of the payment of the Multiple-Download Package Agreement (MPDA). Obviously, the longer the payments take place over time, or the more the value of the Dollar changes, the greater the personal incentive to the Client/End-User would most likely be, in order to finalize payment.
The sole exception to this
provision shall be in cases where the payment is demanded by Vendor/Licensor at
time of original or first payment in EUROS or where payment is actually made in
Euros as enabled by Vendor/Licensor acting through payment receipt agents or
contracted intermediaries including but not limited to Paypal, Ebay, Yahoo,
Google, or other financial services in use by Vendor/Licensor at the time of
purchase or time of payment by Client/End-User.
Nothing shall preclude Client/End-User from being able to request
Vendor/Licensor set terms of payment in Euros which value shall not be subject
to this specific provision regarding value fluctuation of currency, in order to
permit payment to be established and paid in Euros in which case this
fluctuation provision shall not apply.
Privacy. In order to ensure that our software/Ebooks and Products are used in accordance with their intended use (as defined by
Vendor/Licensor), Vendor/Licensor does and will engage in the activity of monitoring the Ebooks and their authorized users. We do keep such records, but only those that are necessary for the daily use and operations of our computer systems and software that in turn allows us to offer said products to clients and end-users. We do reserve the right to have affiliates, any and almost all of which are very small privately owned entities, companies or organizations. However, we affirm that all of our officially affiliated websites [of which there are not more than three], shall operate only in accordance with our own high standards of privacy which we commit to ensure for every single customer. Websites which are officially affiliated with us MUST agree to our terms of privacy and to NOT disclose any personal information of customers. In accordance with our attempts to offer you a better product, a competent or superior Ebook, or Ebooks/Software that incorporate the features of additional security, we may share your name, and/or email and/or book purchased with our own personal small affiliates, though they may not share your data with any other party. We will keep your personal information private, and we will not disclose, sell or communicate your purchase or use of our Ebooks, whether Free or not, to any party, person, organization or entity without your consent unless ordered to do so by constitutional public law or a U.S. court of competent jurisdiction. Because of our use of computer programing, we do make use of cookies on our websites for the use and purpose of understanding and using aggregate internet data. We do NOT forward or share that information with anyone. Nevertheless in order for us to conduct business and offer products, clients, downloaders or end-users waive all right to redress of grievance based any action or event that would take place beyond our control, including but not limited to software malfunctions, database malfunctions, computer crashes or server crashes or downtime, website crashes, connection interuption, suspension or downtime, changes in jurisdiction, natural catastrophes, or environmental "acts of God".TEMPORARY LICENSE. If you are being granted a temporary license to use this product, you may not circumvent the terms of the temporary license by, for instance, changing the date on your computer system, or taking any measures or steps to defeat, foil, break, stop or otherwise prevent the security features embedded in this Ebook.
Attempts to circumvent security measures shall constitute a breach of this liscence and possibly a permanent revocation of your use of allof our Ebooks and/or Electronic files. IF you use this software/Ebook as intended, we do not expect you will have any problem. These Ebooks & Efiles are usually maximized/optimized for IBM/PC systems operating under the Windows 98 to XP systems, and may also work and function with Windows Vista software and/or computer systems using such software. PDF Ebooks may work with Mac or Linux computer systems as well, though we do not currently warrant our products for either Mac or Linux use.
Download and Instant Download. Within the purposes of the license, the term "instant download" shall be applicable to be understood and acted upon within a period of thirty calendar days. This means that the terms of this license allow us to take up to thirty days to fulfill and any provision of your purchase or of this agreement. Client and/End-User is hereby notified that we attempt to allow downloads within one standard calendar day in accordance with terms of sale. However, terms of sale are hereby modified to include our opportunity to deliver Software/Ebook to you by electronic means of downloading, either directly or by link, before or after receipt of payment for a period of thirty days, before you have the right to be granted a refund. For the record, Client/End-User acknowledges our good-faith effort to offer them the ability to download as soon as possible. However, due to a very small number of unreasonable persons, we decided to place this clause herein, so that our day-to-day operations would not come to a standstill owing to a temporary electronic incapacity. Client/End-User further acknowledges that should electronic download of Software/Ebooks purchased be delayed by more than ten calendar days,
Vendor/Licensor may allow them to download one additional Free Ebook of their Choice being currently offered on the Internet for every Week that they are not able to download the purchased Software/Ebooks, a value of not more than $ 49.95 per week at the value of the international exchange rates of January 2007 compared to the price of Gold in effect in January 2007 at the discretion of Vendor/Licensor.Client/End-User further acknowledges that this EULA constitutes full and complete disclosure by Vendor/Licensor, Website, Website Management and/or Software Creator and Software Vendor of terms for use of products offered on this website and agrees to comply and abide by these terms which are voluntarily entered into by placing an order to this website or for any of the website products including either electronic products or paper-based products, or by download or download attempt of items including Electronic Books (Ebooks) offered on this website.Client/End-User acknowledges further that it is their own responsibility to notify Website, Technical Department of Website, or Vendor/Licensor by email about failures or incapacitation of website or webservers to allow download(s), prior to claiming any rights to indemnification for purposes of start of counting time-elapsed of delay(s). Client/End-User acknowledges that while Vendor/Licensor attempts to make downloads as indicated on website pages and/or within terms of agreement/contract, that circumstances may arise where Vendor/Licensor is not able to ensure that all downloads are allowed or technically enabled within specified times or limits. Vendor/Licensor agrees to make good faith effort to ensure availability of downloads to Client/End-user, but reserves the right to substitute items, downloads and/or ebooks of same or similar financial value, or of same collection or same topic or same majority language (the same language which is in the primary Ebook being downloaded or attempted same) without encumbrance/liability to Vendor/Licensor. The Judgement of which items shall be substituted to be determined at sole discretion of Vendor/Licensor.
Encryption and Security - Vendor/Licensor currently uses encryption systems which allow Software and/or PDF and/or Ebooks to be downloaded by electronic means over the Internet or otherwise in a manner so as to determine whether or not Software/Ebooks are being used in accordance with the goals of Vendor/Licensor and the terms of this license. Client and End-users are notified that Vendor/Licensor may come to the conclusion that they have to change the software provider that provides encryption services. Where such action takes place, this agreement and license shall survive that change, and all electronic changes that are the result thereof. Currently, the Ebooks of Vendor/Licensor are encrypted using the methods provided by FileOpen and other Software providers. Contents of our Ebooks and methods of Encryption and Ebook Protections are subject to change without notice.
Notice to U.S. Government End Users. The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights and all other rights reserved under the common law of the United States. U.S. Government End Users and other Government users must contact Vendor in order to obtain specific permission and license to use this product, unless purchased and obtained for personal and non-official uses. We encourage governmental users to contact us about a license with more options for those who fall within that category.
COPIES & PRINTING: This License does NOT grant you the right to repost this File/Ebook on any other website. You may not post or repost this file, or the Ebook nor any portion thereof, nor a copy or duplicate of this without our express Prior Written permission. You may not cut and paste nor in attempt to circumvent restrictions on the function of copy or cut and paste in any manner.
Forfeit of use by Tampering: This License does not authorize the copying, printing or re-printing of this material. Further, any attempt to circumvent the provisions of this agreement/license or any attempt to attempt to tamper with the encryption or mathematical codes and encoding of the Software/Ebook or within the Software Ebook shall be deemed grounds for immediate termination of any and all rights to use this Software/Ebook. This means that Vendor/Licensor reserves the right and capacity to disable the Software/Ebook of any person or party that attempts to tamper with the electronic locks and encryption mechanisms of the Software/Ebook purchased or of the Free Ebooks used. Any person or party who attempts to bypass, disengage or disable the security features of the Software/Ebook that we authorize for use or download will be automatically in breach of the provisions of this License/Agreement and will have their use of the Software/Ebooks terminated and revoked, and WITHOUT being issued a refund or compensation. Licensee/purchaser hereby agrees to these terms as a condition of sale and/or use.
Further Currency emergency,
currency change or changeover, fluctuation or emergency provision: in cases
where currencies used either by Vendor/Licensor or Client/End-User at the time
agreement is entered into or ebooks or items ordered, or ebooks purchased or
ordered for purchase, Vendor/Licensor retains the right to demand payment from
Client/End-User in the same currency as that under which the client/user
originally agreed to purchase or place order, regardless of whether or not said
currency shall remain the primary unit of value within the nation or
nation-state wherein the client/user resides. Client/End-User voluntarily waives
all right to make payment in any currency other than U.S. Dollars at unfixed
rate or Euros at fixed rate including but not limited to any new currency,
introductory, transitional currencies, or phased currency, or any currency of
any nation adopted by the United States or any Bank located within the U.S. or
subject to its jurisdiction, during time of emergency, financial difficulty, or
transition to any new currency or any new financial medium of exchange. In
situation or circumstance where the value of the dollar changes, alters or
diminishes value of more than ten percent during any calendar year,
Vendor/Licensor reserves the right to demand full payment from at the time that
such demand is made, though Vendor/Licensor would continue his good faith effort
to work with as much as Vendor/Licensor deems possible .
Use of the Software and/or Ebook and/or downloading Electronic Books or Electronic Files, and/or attempting to download Electronic Books or Files, and/or ordering either physical books or Electronic Books and/or paying for an order through us, our servers, vendors, suppliers or affiliates, and/or making payment to us using Paypal, E-Gold, Google payment Systems, Yahoo payment systems, and/or any other means of electronic funds transfer, and/or making payment to us by Money order or by any other means, shall constitute your full Consent and Agreement to all of these terms and conditions herein.
Nothing herein shall be construed to have been any waiver of rights of
Vendor/Licensor under the Constitution of the United States of America, and the common law of the United States. Any mistakes in spelling or orthography within this License or Agreement shall not be sufficient to invalidate this agreement, where the intention of the Vendor/Licensor can be determined.General Provisions. This Agreement may only be modified in writing by an authorized officer of Vendor/Licensor. Updates and/or newer or different copies of same or different Software/Ebook may be licensed to you by Vendor/Licensor with additional or different terms. Users of any product, software or Ebook of Vendor/Licensor hereby through the use of this product hereby voluntarily assert their own understanding and cognizance and responsibility under this agreement, that the posting of this agreement on this website shall constitute the sole basis by which they are notified of a) this agreement b) or any changes in this agreement and further agree that any other right to notification in or under any venue or jurisdiction by client/customer of Vendor/Licensor is hereby waived. This is the entire agreement between Vendor/Licensor and you relating to the Ebook and/or Software and it supersedes any prior agreements, representations, discussions, undertakings, communications or advertising relating to the Software, or earlier versions of the Software and/or Ebook. If any part of this Agreement is found void and unenforceable, this shall not affect the validity of the balance (remaining valid sections) of the Agreement, which shall remain valid and enforceable according to its terms.
This agreement subject to change without notice. End of this Agreement.
© 2005/2006/2007/2008/2009/2010.
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If you have any questions or comments, find us, and email us and we try to work with you.
In the case of Free Ebooks, while these Ebooks/items may appear to be Free, that does not mean that they were Cost-Free to us. We have put a great deal of time, and effort in bringing these items to you and to your computer. We hope you will work with us as best you are able. We are almost always willing to converse (Talk) with anyone.
Thank you for your assistance and cooperation. Because of your help, we will be able
to bring additional titles for your enjoyment & learning.
Permission to use this EULA/TOS by other vendors or Website distributors of Free Speech Words and Text is authorized and encouraged, where applicable.
Any of those reading this who still have questions or who are trying to contact us should go to the Initial page of our Book & Ebook
Section, and find our Email Located on that Page. Link is here
http://www.exorthodoxforchrist.com/books1.htm
.
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For YOU to Try
(click to be taken to Free Ebook Page)
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