ARTICLE 1: INTRODUCTION
This End User License
Agreement (“EULA”) is a legal agreement between you and
Medicine-Less Clinics®, governing the license and use of
the audios, videos, e-books and other downloadable content owned or licensed by
Medicine-Less Clinics® 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,
Medicine-Less Clinics®
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
Medicine-Less Clinics®. 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
Medicine-Less Clinics®, 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 Pakistan Copyright Act, 17 P.P.C. § 101, et.
seq.
ARTICLE 3: CHANGES
Medicine-Less Clinics® 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
Medicine-Less Clinics® 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.
Medicine-Less Clinics® 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.
Medicine-Less Clinics® 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
Medicine-Less Clinics® 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
MEDICINE-LESS
CLINICS® 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
MEDICINE-LESS
CLINICS® KNEW OR SHOULD HAVE KNOWN
OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF
MEDICINE-LESS
CLINICS®, 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
Medicine-Less Clinics® 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.
MEDICINE-LESS
CLINICS® 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
MEDICINE-LESS
CLINICS® 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 Sindh, Pakistan (regardless of the laws that
might otherwise govern under applicable
Sindh
principles of conflicts of law) as to all matters, including
but not limited to matters of validity, construction,
effect, performance and remedy. Karachi, Sindh
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
Karachi, Sindh.
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
mlc@ourfutureworld.org or call us at (+ 92)
336-2200400, (+ 92) 321-3894095.
Copyright © 2012
Medicine-Less Clinics®.
