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Jump Start Coaching Kit™ LICENSE AGREEMENT
This Jump Start Coaching Kit™ License Agreement ("Agreement") is made and effective this [Date of purchase] by and between [Developer] ("MernaThrone.com) and [You/Licensee] ("Licensee").
Developer has developed and licenses to users its software program marketed under the name [Jump Start Coaching Kit™] (the "Software"). This is a full digital kit.
Licensee desires to utilize a copy of the Software.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, Developer and Licensee agree as follows:
Developer hereby grants to Licensee a perpetual, non-exclusive, limited license to use the Software in the United States of America or home base of Licensee as set forth in this Agreement.
Licensee shall not modify, copy, duplicate, reproduce, license or sublicense the Software, or transfer or convey the Software or any right in the Software to anyone else without the prior written consent of Developer.
In consideration for the grant of the license and the use of the Software, Licensee agrees to pay Developer the sum of license fee].
4. Warranty of Title.
Developer hereby represents and warrants to Licensee that Developer is the owner of the Software or otherwise has the right to grant to Licensee the rights set forth in this Agreement.
5. Warranty of Functionality.
A. For a period of [30 days] following delivery of the Software to Licensee (the "Warranty Period"), Developer warrants that the Software shall perform in all material respects according to the Developer's specifications concerning the Software when used with the appropriate computer equipment. Liscensee's sole remedy shall be that Developer shall correct the Software so that it operates according to the warranty. This is a functionary warranty only. You have 30 days if you have trouble with the download or any information needed in this package. Once purchased, there are no refunds.
Payment of the license fee shall be made upon delivery of the Software.
7. Warranty Disclaimer.
DEVELOPER'S WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
8. Limitation of Liability.
Developer shall not be responsible for, and shall not pay, any amount of incidental, consequential or other indirect damages, whether based on lost revenue or otherwise, regardless of whether Developer was advised of the possibility of such losses in advance. In no event shall Developer's liability hereunder exceed the amount of license fees paid by Licensee, regardless of whether Licensee's claim is based on contract, tort, strict liability, and product liability or otherwise.
Licensee is fully responsible to implement into their business. By purchasing this kit Developer is not responsible for the monies it generates. The licensee is fully responsible for said earnings using this tool.
Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, postage prepaid, or recognized overnight delivery services.
If to Developer:
If to Licensee:
10. Governing Law.
This Agreement shall be construed and enforced in accordance with the laws of the state of [Florida].
11. No Assignment.
Neither this Agreement nor any interest in this Agreement may be assigned by Licensee without the prior express written approval of Developer.
12. Final Agreement.
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
IN WITNESS WHEREOF, Developer and Licensee have executed this Software License Agreement on the day of purchase.
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