END USER LICENSE AGREEMENT
ARTICLE 1: INTRODUCTION
This End User License
Agreement (“EULA”) is a legal agreement between you and Our
Future World Foundation, governing the license and use of
the audios, videos, e-books and other downloadable content owned or licensed by Our Future World
Foundation and made available on this website (collectively,
the recordings, audios, videos, e-books and other downloadable
content). All use by you of the audios, videos, e-books
and other downloadable content is
governed by this EULA.
Please read the EULA
carefully, because it is a legal contract and imposes
obligations on you as a user of the audios, videos, e-books and or
any other content on the website.
BY DOWNLOADING/PURCHASING ANYTHING FROM THIS WEBSITE, YOU
WILL BE BOUND BY THIS EULA, AND YOU SIGNIFY YOUR CONSENT TO
THE LICENSE GRANTS CONTAINED HEREIN AS WELL AS THE TERMS AND
CONDITIONS OF THIS EULA.
BY DOWNLOADING/PURCHASING
ANYTHING FROM THIS WEBSITE, YOU FURTHER AGREE THAT YOU HAVE
OR WILL REVIEW AND ACCEPT THE TERMS AND CONDITIONS OF THIS
EULA BEFORE USING ANYTHING FROM THE WEBSITE.
ARTICLE 2: USER LICENSE
2.1 User License.
Subject to the terms and conditions and for the limited
purposes set forth herein, Our Future World Foundation
grants you the limited and non-transferable, right and
license to: (i) download the downloadable materials from
this website and listen to the recordings, audios, and or videos on devices owned by you;
and/or (ii) listen to the compact disc containing the
recordings, audios and or videos you purchased from this
website on devices owned by you.
2.2 Ownership. You
hereby acknowledge that nothing in this EULA is meant or
shall be deemed to give you any rights in any works of
authorship or copyrights owned or licensed by Our Future
World Foundation. In the event that the owner, in whole or
jointly, of the audios, videos, e-books
and other downloadable content, is a party other than Our Future
World Foundation, you agree that such party shall be a third
party beneficiary under this EULA and shall have the right
to enforce the terms and conditions of this EULA that
pertain to such party’s rights in and to the Recordings as
if such party were a party to this EULA.
2.3 Restrictions.
The following restrictions shall apply to your use of the audios, videos, e-books
and other downloadable content in any format
and on any media:
(a) You may not copy or
reproduce any portion of the recordings, audios, videos, e-books
and other downloadable content.
(b) You may not
distribute, share through any information network, transfer,
sell, lease, or rent any of the recordings, audios, videos, e-books
and other downloadable content to any other
person or entity, in whole or in part.
(c) You may not change,
alter, modify, or create derivative works, enhancements,
extensions, or add-ons to any of the recordings, audios, videos, e-books
and other downloadable content.
(d) You may not decompile,
reverse engineer, or disassemble any of the recordings, audios, videos, e-books
and other downloadable content, in whole or in part.
(e) You may not use the recordings, audios,
videos, e-books and other downloadable content for commercial purposes, or purposes other than
your personal use and enjoyment.
(f) You will at all times
comply with, and will not circumvent or attempt to
circumvent, any of the restrictions on use set forth in this
Section 2.3 or elsewhere in this EULA or the restrictions
provided in the U.S. Copyright Act, 17 U.S.C. § 101, et.
seq.
ARTICLE 3: CHANGES
Our Future World
Foundation reserves the right, in their sole discretion, and
from time to time, to change the format or content of the recordings, audios,
videos, e-books and other downloadable content available on this
website, or the media on which such recordings, audios,
videos, e-books and other downloadable content are
contained. These updated or re-formatted recordings, audios,
videos, e-books and other downloadable content may be made available to you for
a fee. You agree that from time to time Our Future World
Foundation may remove or disable access to the recordings, audios,
videos, e-books and other downloadable content for indefinite periods of
time, or any portion thereof, at any time, without notice to
you.
ARTICLE 4: NO MEDICAL
ADVICE PROVIDED
THE CONTENTS OF THE
RECORDINGS AND OTHER DOWNLOADABLE MATERIAL ARE NOT INTENDED
TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE,
DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR
PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY
QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.
RELIANCE ON ANY INFORMATION OR GUIDANCE PROVIDED IN OR VIA
THE RECORDINGS IS SOLELY AT YOUR OWN RISK.
ARTICLE 5: DISCLAIMER OF
WARRANTIES AND LIABILITY
5.1 Disclaimer. Our Future
World Foundation is making the recordings, audios,
videos, e-books and other downloadable content available to you on an “as is” and “as
available” basis and you agree that your use of the recordings, audios,
videos, e-books and other downloadable content is at your own risk. Our Future World Foundation
DISCLAIMS ALL WARRANTIES THAT RELATE IN ANY WAY TO THE
RECORDINGS, AUDIOS, VIDEOS, E-BOOKS AND OTHER DOWNLOADABLE
CONTENT, THE CONTENT OR
ANY PORTIONS OR COMBINATIONS THEREOF, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR
INFORMATION, AVAILABILITY, ACCURACY, ADEQUACY, QUIET
ENJOYMENT, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR
A PARTICULAR PURPOSE.
5.2 Indemnity. You shall
defend, indemnify, and hold harmless Our Future World
Foundation and its employees and agents, from and against
any and all suits, proceedings, claims, losses, and damages
(including reasonable attorneys’ fees) related to: (i) any
breach by you of this EULA, and (ii) any claim by a third
party that arises from your use or misuse of the Recordings.
5.3 Limitation of
Liability. IN NO EVENT SHALL OUR FUTURE WORLD FOUNDATION OR
ITS OFFICERS, DIRECTORS, AGENTS, OR LICENSORS BE LIABLE TO
YOU FOR SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING
OUT OF OR IN CONNECTION WITH THIS EULA OR YOUR USE OF OR
INABILITY TO USE THE RECORDINGS AND OTHER DOWNLOADABLE
MATERIAL, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF
DATA, AND ERRORS OR OMISSIONS IN CONTENT, REGARDLESS OF THE
FORM OF ACTION, WHETHER OUR FUTURE WORLD FOUNDATION KNEW OR
SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE
TOTAL LIABILITY OF OUR FUTURE WORLD FOUNDATION, IF ANY,
ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR YOUR USE
OF OR INABILITY TO USE THE RECORDINGS, AUDIOS, VIDEOS,
E-BOOKS AND OTHER DOWNLOADABLE CONTENT SHALL NOT EXCEED IN THE AGGREGATE THE FEES ACTUALLY
PAID BY YOU FOR THE APPLICABLE RECORDINGS, AUDIOS, VIDEOS,
E-BOOKS AND OTHER DOWNLOADABLE CONTENT. THE PROVISIONS HEREIN CONCERNING
LIMITATIONS OF LIABILITIES AND DAMAGES ALLOCATE THE RISKS OF
THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS
REFLECTED IN THE ECONOMIC TERMS OF THIS AGREEMENT AND IS AN
ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE
PARTIES. EACH OF THE LIMITATIONS OF LIABILITY SET FORTH
ABOVE ARE INDEPENDENT OF, AND SHALL SURVIVE THE FAILURE OF,
ANY OTHER PROVISION IN THIS AGREEMENT (INCLUDING EXCLUSIVE
REMEDIES).
5.4 Errors; Accuracy;
Security. Though Our Future World Foundation uses reasonable
efforts to ensure otherwise, the recordings, audios,
videos, e-books and other downloadable content may contain errors or other
inaccuracies and may not be complete, accurate, or current.
OUR FUTURE WORLD FOUNDATION DOES NOT GUARANTEE, REPRESENT,
OR WARRANT THAT (I) THE RECORDINGS, AUDIOS, VIDEOS, E-BOOKS
AND OTHER DOWNLOADABLE CONTENT WILL BE ERROR-FREE, ACCURATE, OR CURRENT, OR (II)
YOUR USE OF THE RECORDINGS, AUDIOS, VIDEOS, E-BOOKS AND
OTHER DOWNLOADABLE CONTENT WILL BE UNINTERRUPTED,
ERROR-FREE, OR FREE FROM LOSS CORRUPTION, ATTACK, VIRUSES,
INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND OUR
FUTURE WORLD FOUNDATION DISCLAIMS ANY LIABILITY RELATING
THERETO.
ARTICLE 6: MISCELLANEOUS
6.1 Choice of Law. This EULA shall be governed by the
laws of the State of Virginia (regardless of the laws that
might otherwise govern under applicable
Virginia
principles of conflicts of law) as to all matters, including
but not limited to matters of validity, construction,
effect, performance and remedy. Fairfax County, Virginia
shall be the proper place of venue for all suits to enforce
this EULA, and any legal proceedings to enforce the
provisions hereof shall be brought in the District Courts of
Fairfax County, Virginia.
6.1 Severability.
The invalidity or unenforceability of any provision of this
EULA shall not affect the validity or enforceability of the
remaining provisions, and this EULA shall be construed as if
such invalid or unenforceable provisions were omitted,
unless the omission of such provision would deprive one of
the parties of a material benefit of its bargain hereunder.
6.2 Assignment. You
may not assign this EULA. Any assignment made in
contravention of this provision shall be null and void for
all purposes.
6.3 Binding Effect.
This EULA shall be binding on and inure to the benefit of
the parties and their respective successors and permitted
assigns.
6.4 Entire EULA.
This EULA constitutes the entire EULA and understanding of
the parties hereto in respect of the subject matter
contained herein and supersedes all prior agreements,
consents and understandings relating to such subject matter.
ARTICLE 7: REGISTRATION
AND ACCEPTANCE
By purchasing any product
on this website and downloading, listening to, or otherwise
accessing any of the recordings, audios,
videos, e-books and other downloadable content, you represent and warrant
that you are 18 years of age or older, capable of entering
into a binding legal agreement, and have read, understand,
and agree to be bound by all provisions of this EULA. For
purposes of this EULA, the “Effective Date” shall mean the
date on which you first accepted this EULA by purchasing any
product on this website.
If you have any
questions, comments, or feature requests, contact us at
peace@ourfutureworld.org or call us at 03213894095.
Copyright © 2011 Our Future World Foundation.
