This may sound worse than it is, but appropriately here to protect you, other dreamforce.us subscribers and our business, and make it a win-win-win for us all.
By using this Web site or service, you signify your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this Web site or service. Dream Force LLC may modify these Terms and Conditions at anytime.
DVD & Download License Agreement
THIS AGREEMENT between DREAM FORCE, LLC ("Licensor"), and YOU ("Licensee").
The Licensor provides this training lesson, consisting of the software application, text training, testing, question and answer files, video training files and, where applicable, exercise files ("Training Lesson") and licenses its use worldwide. You assume responsibility for the selection of the Training Lesson to achieve your intended results, and for the installation, use, and results obtained from it.
(A) This Agreement is a license agreement and not an agreement for the sale of Training Lesson or services.
(B) This Agreement gives Licensee limited rights to use the Training Lesson and Related Materials described below and imposes upon Licensee certain obligations to protect the Training Lesson and Related Materials from unauthorized use, reproduction, distribution or publication.
NOW THEREFORE in consideration of the mutual covenants and agreements hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
1. License. Licensor hereby grants to Licensee a personal, non-exclusive, non-transferable license. Licensor retains title and exclusive ownership of any and all copies of the Training Lesson and Related Materials licensed hereby. Licensee agrees to use its best efforts to protect the Training Lesson from unauthorized use, reproduction, distribution or publication.
(a) The Training Lesson is owned by Licensor and is protected by U.S. copyright laws and applicable international treaties and/or conventions. Without limiting the prohibition on assignment contained elsewhere in this Agreement, Licensee acknowledges that its rights to use the Training Lesson is personal to Licensee. Licensee therefore covenants not to permit the use of the Training Lesson by unauthorized persons and to use its best efforts to prevent the exportation of the Training Lesson or any portion thereof into any country which does not have copyright laws that will protect Licensor's Copyrights.
3. Permitted Uses of the Training Lesson.
(a) Use the Training Lesson on a single machine.
(b) Copy the Training Lesson into any machine readable form for backup purposes in support of your use of the Training Lesson on the single machine, and must reproduce and include the copyright notice on any copy.
(c) Licensee may only use the exercise files for training purposes and for no other purpose whatsoever. Licensee hereby expressly acknowledge and agree that any exercise files included herein are owned exclusively by Licensor and/or its third party vendors and nothing in this Agreement confers or implies any ownership rights in such project files to Licensee.
4. Uses Not Permitted. Licensee covenants and agrees that it will not:
(a) whether in whole or in part, sell, rent, lease, sublease, license, sublicense, lend, time-share, transfer, assign or provide the use of or access to the Training Lesson, or any portion thereof, to a third party;
(b) assign, mortgage, charge or otherwise encumber the Training Lesson or its rights under this Agreement.
(c) reverse engineer, decompile or disassemble the Training Lesson.
(d) alter, modify or create any derivative works of the Training Lesson or any portion thereof.
(e) Except as permitted elsewhere in this Agreement, make additional copies of the Training Lesson or any portion thereof.
(f) obscure or remove any copyright or trademark notices.
5. Assignment. Without limiting anything contained elsewhere in this Agreement, Licensee shall not assign this Agreement or any rights herein without the prior written consent of Licensor, which consent may be arbitrarily withheld. Any purported assignment without Licensor's consent shall be deemed to be null and void.
6. Term. The license granted by this Agreement is a perpetual license. Licensee may terminate the license at any time by destroying all any whole or partial copies, codes, Modifications and merged portions in any form of the Training Lesson. Notwithstanding the foregoing, this Agreement will terminate automatically without notice if Licensee fails to comply with any provision of this Agreement. Upon termination of this Agreement, Licensee shall destroy the Training Lesson along with all any whole or partial copies, codes, Modifications and merged portions in any form. The parties agree that all provisions set out in this Agreement for the protection of Licensor and its Copyrights shall remain in force notwithstanding termination of this Agreement.
7. Limited Warranty.
(a) THE TRAINING LESSON IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE FOREGOING EXCLUSIONS MAY NOT APPLY TO COMPANY. COMPANY MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
(b) Licensor does not warrant that the functions contained in the Training Lesson will meet your requirements or that the operation of the Training Lesson will be uninterrupted or error free.
(c) Licensor shall not be liable for damages, direct or indirect, special, incidental, consequential, punitive or exemplary, related to Licensee's use of the Training Lesson, even if Licensor is advised of the possibility of such damage.
8. No Implied Waiver. No failure or delay by Licensor in enforcing any right or remedy in this Agreement shall be construed as a waiver of any future exercise of such right or remedy by Licensor.
9. Conflict of Documents. Any conflict between the terms of this Agreement and any purchase order or other document in relation to the license granted hereby shall be resolved in favor of the terms of this Agreement.
10. Equitable Relief. Licensee acknowledges that any breach by it of any of the terms of this Agreement is likely to result in irreparable harm or damage to Licensor and that, in the event of such breach, in addition to any and all remedies at law, Licensor shall have the right to obtain an injunction, specific performance or other equitable relief to prevent the continuous violation of the terms of this Agreement.
11. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Utah. You hereby irrevocably agree that jurisdiction and venue for any dispute arising hereunder shall lie exclusively in a competent court in the County of Salt Lake, State of Utah.
12. Entire Agreement. Licensee acknowledge that Licensee has read this Agreement, understand it and agree to be bound by its terms and conditions. Licensee further agree that this Agreement constitutes the sole and entire agreement between the parties, and supersedes any previous agreements, understandings and arrangements between the parties relating to the Training Lesson. Any amendments hereto are enforceable only if in writing and signed by each of the parties.
13. Severability. If any portion of this Agreement is deemed by any court of competent jurisdiction to be illegal or unenforceable, then the remaining provisions of this Agreement shall remain in full force and effect notwithstanding.
Restrictions On Use of Materials and Intellectual Property Rights
This Web site or service and all of Dream Force LLC products, trade names, marks, and logos are protected by copyright and other intellectual property laws, and all intellectual property rights therein belong to Dream Force LLC or its suppliers.
You should assume that everything you see or read on the Web site or service (such as products, trademarks, logos, service marks, images, photographs, illustrations, text, testimonials and other materials - further referred to as "Dream Force LLC Intellectual Property") is copyright and/or trademark protected. You may not sell, reproduce, distribute, modify, display, prepare derivative works based on, re-post or otherwise use any of Dream Force LLC Intellectual Property in any way.
Furthermore, you may not use Dream Force LLC Intellectual Property on any other Web site or service, in a networked computer environment or in any other medium for any purpose. Dream Force LLC reserves the right to terminate your access to this site and to use any of its intellectual property at any time.
Parties other than Dream Force LLC operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Dream Force LLC does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Risk of Loss
All items purchased from Dream Force LLC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Disclaimers and Limitation of Liability
The materials in this Web site or service are provided "as is" and without warranties of any kind either express or implied. Moreover, any portion of the materials available on this Web site or service may include inaccuracies or typographical errors. Changes may be made, from time to time and without notice, to the materials available on this Web site or service, the Web site or service itself, and to the products described on this Web site or service.
To the fullest extent permissible pursuant to applicable law, Dream Force LLC disclaims all warranties, express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and security and title. Dream Force LLC does not warrant the accuracy, completeness or usefulness of any information contained on this Web site or service. Dream Force LLC does not warrant that the functions contained in the materials available on this Web site or service will be uninterrupted or error-free, that defects will be corrected, or that the materials, this Web site or service or the server that makes them available are free of viruses or other harmful components. You (and not Dream Force LLC) assume the entire cost of all necessary servicing, repair and correction.
No oral or written information or advice given by Dream Force LLC or a Dream Force LLC representative shall create warranty or increase the scope of this warranty or the license. In order to watch the training video(s), Dream Force LLC will provide the software to install or programs provided by other companies ("Third-party Programs") on your computer. You acknowledge that such Third-Party Programs may not be error free or accurate, and therefore you acknowledge and agree that by installing such Third-Party programs on your computer, you do so at your own risk. You agree to comply with all license terms for Third-Party Programs that are disclosed to you by Dream Force LLC. You acknowledge that the limitations set forth in this section apply to the Third-Party Programs.
Under no circumstances, including, but not limited to, negligence, shall Dream Force LLC be liable for any special or consequential damages that result from the use of, or the inability to use, Web site or service or any downloaded materials, even if Dream Force LLC or its representative has been advised of the possibility of such damages. In no event shall Dream Force LLC total liability to you from all damages, losses, and causes of action (whether in contract, or otherwise) exceed the amount you paid to Dream Force LLC, if any, for products purchased on this Web site or service. Applicable law may not allow the exclusion of implied warranties, or the above limitations of liability, so the above exclusions may not apply to you.
Dream Force LLC makes no representation whatsoever regarding the content of any other Web site or services, which you may access from this Web site or service. When you access a third party's Web site or service, please understand that it is independent from Dream Force LLC and that Dream Force LLC has no control over the content on that Web site or service. A link to a third party's Web site or service does not mean that Dream Force LLC endorses or accepts any responsibility for the content or use of such Web site or service.
Dream Force LLC has the full, unconditional rights to terminate videotrainingpro.com membership at any time.
Dream Force LLC can discontinue videotrainingpro.com at any time without prior notice and has no obligation to continue to operate the dreamforce.us training site.
This Web site or service is controlled and operated by Dream Force LLC from its offices within the State of Utah, United States of America. Dream Force LLC makes no representation that materials in the Web site or service are appropriate or available for use in other locations. Those who choose to access this Web site or service from other locations do so on their own initiative and are responsible for compliance with any applicable national, state or local laws.
This agreement and the use of this Web site shall be governed by and construed in accordance with laws of the State of Utah, United States of America, without giving effect to any principles of conflicts of law. If any provision of this agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Any legal action or proceeding relating to your access to, or use of, the Web site or service or Dream Force LLC's Intellectual Property on or through this Web site or any purchase of Dream Force LLC products on or through this Web site will be instituted in a state or federal court in Holladay, Utah. You waive any right you may have to move or dismiss or transfer on the basis of personal jurisdiction or venue, or for convenience of any party or witness. This is the entire agreement between the parties relating to the subject matter hereof and you agree to indemnify Dream Force LLC for any claims or damages resulting from your failure to abide by these terms and conditions.
Changes to Use Agreement and Training Lessons