Home eMedia User License Agreement (ULA)

Legal Information Concerning Your Rights, Responsibilities, and Obligations

NOTE: BY PURCHASING AN AWCA PRODUCT OR SERVICE, YOU ACCEPT AND AGREE TO THE STATEMENTS CONTAINED IN THIS USER LICENSE AGREEMENT (ULA). IF YOU DO NOT AGREE TO THIS ULA, DO NOT PURCHASE THIS PRODUCT OR SERVICE, AS PURCHASE SIGNIFIES YOUR ACCEPTANCE.

"You" means the person or company who is being licensed to use the Software or Documentation. "We," "us" and "our" means Arizona Wing Chun Association.

We hereby grant you a nonexclusive license to one copy of the Software on four (4) computers, provided that the Software is in use on only one computer at any time. The Software is "in use" on a computer when it is loaded into temporary memory (RAM) or installed into the permanent memory of a computer - for example, a hard disk, CD-ROM, DVD, or any other storage device.

If the Software is permanently installed on the hard disk or other storage device of a computer (other than a network server) and one person uses that computer more than 80% of the time, then that person may also use the Software on a portable or home computer.

We remain the owner of all rights, titles and interest in the Software and related explanatory written materials ("Documentation").

You may copy the Software for back up and archival purposes, provided that the original and the copy are kept in your possession and that your installation and use of the Software does not exceed what is allowed in the "License Grant" section above.

You may make one (1) copy of the Software for backup/ archival purposes, provided that the original and the copy are kept in your possession at all times and that your installation and use of the Software does not exceed what is allowed in the "License Grant" section above. The AWCA stringently pursues cases of computer piracy to the fullest extent of the law.

In the event that any customer abuses an AWCAOnline service, such as spamming, sending unsolicited advertising through a contact form, spamming our weblog, or any other abusive actions that are contrary to what the services are designed for, they will immediately forfeit all rights to free lifetime upgrades of any AWCA product they purchased. Their IP address will be banned from accessing the site and they will be removed from all notification lists.

I go to great lengths to provide exceptional products and customer service, and I cannot allow illegal or disruptive acts to disrupt the service that others find useful and spend their hard-earned money to obtain.

The Software and Documentation are protected by United States copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material - for example, a book. You may not:

• Copy the Documentation or photos into any media of any kind (including any derivative work),

• Copy the Software except to make archival or backup copies as provided above,

• Modify or adapt the Software or merge it into another program,

• Reverse engineer, disassemble, or make any attempt to discover the source code of the Software,

• Place the Software onto a server so that it is accessible via a public network such as the Internet,

• Sublicense, rent, lease or lend any portion of the Software or Documentation, and

• Purchasing an AWCA product does not indicate our acceptance to receive unsolicited advertisements via email or the AWCA Weblog. Any inclusion of our email address to a list we did not request access for will be cause for immediate and permanent removal from all AWCA-produced products and services.

You may not post advertisements or abuse any part of AWCAOnline. Doing so will be cause for forfeiture of your lifetime upgrades and the permanent banning of your IP address from accessing AWCAOnline.

You may not transfer your rights to use this Software anyone. All ID's and passwords are created individually based on purchase, and to ensure the protection of all customer investments of this Software, transfers are not permitted as we have no way of knowing the legitimate actions of actual transfers vs. pirated attempts.

We warrant that for a period of 90 days after delivery of this copy of the Software to you, the Software will perform in substantial accordance with the Documentation.

To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, or to make any additional warranties.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Our entire liability and your exclusive remedy for any problems associated with this software will be that we will refund your purchase price in full within 30 days of the original purchase. Should it be found that you breached the acceptable use of this ULA and reverse-engineered or otherwise made available any part of this program to anyone other than the purchaser (you), this warranty will become null and void and you will not receive a refund of your purchase price.

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY MEDICAL BILLS, LOST PROFITS FROM YOUR JOB, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF OR INFORMATION FROM THIS PRODUCT (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

This license agreement takes effect upon your use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Software and Documentation in your possession.

The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.

This license agreement shall be governed by, construed and enforced in accordance with the laws of the United States of America, State of Arizona, County of Maricopa, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate the Arizona Wing Chun Association and/or its affiliates' intellectual property rights, Arizona Wing Chun Association and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Arizona, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

• If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mediator in the following location: Peoria, Arizona, United States of America. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

• If it proves impossible to arrive at a mutual satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Peoria, Arizona, United States of America, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software. This license agreement may be modified only by a writing signed by you and us. In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.

You agree that the Software 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.

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Updated: 09.11.2009 12:38PM MST