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Practical Strategy Brasil > Legal Information
By downloading Practical Strategy, you (THE "LICENSEE") become a party with PRACTICAL STRATEGY LIMITED to this agreement and agree to be legally bound by the following terms and conditions
DEFINITIONS
In this Agreement:
"License Fee" means the sum payable by the Licensee for the use of the Software.
"Intellectual Property Rights" means all property in the Software and rights to patents, licenses, trademarks, trade names, inventions, trade secrets, copyrights, and know-how relating to the origin, manufacture, programming, operating and/or servicing of the Software and any enhancements or modifications.
"Software" means the Practical Strategy download, comprising programs, PDF files and supporting documentation, including any upgrades or enhancements made available by Practical Strategy Limited.
LICENSE
Upon download, Practical Strategy Limited grants to the Licensee a non-exclusive, perpetual, non-transferable license for the Licensee to use the Software for its own internal business purposes and in accordance with the terms and conditions set out in this Agreement.
PROTECTION OF LICENSOR’S INTELLECTUAL PROPERTY RIGHTS
3.1 The Licensee acknowledges that the Intellectual Property Rights in the Software belong to Practical Strategy Limited. The Licensee undertakes not to copy, translate, adapt, vary, modify, distribute or publish the Software except as expressly permitted by this Agreement.
3.2 The Licensee agrees to maintain all copyright notices on all copies of the Software.
3.3 The Licensee's obligation to ensure protection of Intellectual Property Rights will survive termination of this Agreement.
WARRANTY AND LIMITATION OF LIABILITY
4.1 The Software is provided on an ‘AS IS WHERE IS’ basis. Practical Strategy Limited gives no warranties or representations, either express or implied and all representations and warranties (except any which may not be lawfully excluded) are expressly excluded. However, if the Software is materially defective, Practical Strategy Limited will, at its option, replace or repair the Software or refund the License Fee.
4.2 Practical Strategy Limited will under no circumstances be liable to the Licensee under the law of tort, contract or otherwise (including negligence) for any loss of profits or any indirect or consequential loss or damage, however caused, arising out of or in connection with the use of the Software.
REFUNDS
5.1 If the Licensee decides within 30 days of downloading the Software that they wish a refund, the Licensee will write to Practical Strategy Limited with a refund request.
5.2 The Licensee agrees, upon refund, to delete all copies of the Software.
DEFAULT AND TERMINATION
6.1 This Agreement is effective on the date the Licensee downloads the Software, and will remain in force until terminated.
6.2 This Agreement will automatically terminate if the Licensee breaches any of the terms or conditions of this agreement.
6.3 Licensee may terminate this Agreement at any time by destroying the Software and all copies.
6.4 Upon termination of this Agreement the Licensee must cease use of the Software and will promptly certify destruction of all copies of the Software.
GENERAL
7.1 This Agreement shall be governed by and construed in accordance with the laws of New Zealand.
7.2 The Licensee may not assign or transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of Practical Strategy Limited.
7.3 If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. If any provision is unenforceable due to scope or breadth, the provision shall be valid to the extent permitted by law.
7.4 This Agreement embodies the entire understanding of the parties relating to the matters referred to and supercedes all other agreements and representations made by the parties whether oral or written. No amendment to this Agreement will be binding on either party unless confirmed in writing by both parties.
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