This End-User License Agreement (“Agreement”) is a legally binding agreement that governs your use of Group Publishing, Inc., applications and sites. By using or accessing these services you agree to be bound by the terms of this Agreement.
This Agreement is a legal contract between you (“Licensee”), as either an individual or a business entity, and Group Publishing Inc. (“Licensor”)
READ THE TERMS AND CONDITIONS IN THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE. THIS SITE AND RELATED SOFTWARE IS COPYRIGHTED AND IT IS LICENSED TO LICENSEE UNDER THIS AGREEMENT, NOT SOLD TO LICENSEE. BY REGISTERING FOR THIS SITE, LICENSEE ACKNOWLEDGES HAVING READ THIS AGREEMENT, LICENSEE UNDERSTANDS THE AGREEMENT, AND LICENSEE ACCEPTS AND AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
Grant of License. Licensor hereby grants to Licensee, and Licensee accepts, a limited, non-exclusive, non-transferable license to use and display the Service and related software (excluding source and object code) for your personal (or ministry) non-commercial use. You agree not to use the Service for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in this agreement.
Changes to these terms will be available on the site. You agree that you will be considered to have been given notice of any modifications once the site has been updated with the revised Agreement.
For purposes of this Agreement, the Service includes any updates, enhancements, modifications, revisions, or additions to the Software made by Licensor and made available to Licensee through Licensor’s web site. Notwithstanding the foregoing,
Licensor shall be under no obligation to provide any updates, enhancements, modifications, revisions, or additions to the Service. Licensee does not have the right to sublicense or otherwise transfer rights to the Service accept as provided for in the site without prior express written permission from Licensor to do so. No rights to trademarks or service marks of Licensor are granted to Licensee under this Agreement. Licensor reserves the right to discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.
Your use of this Service and related software is conditioned upon your compliance with these Terms and any use of the Service in violation of these Terms will be regarded as an infringement of Group Publishing’s copyrights. Group Publishing reserves the right to terminate your access to the service without notice if you violate these Terms.
OWNERSHIP OF RIGHTS. Licensor warrants that Licensor owns all right, title and interest in the Service and related software and content that is licensed under this Agreement, including rights in copyright and other intellectual property rights. Licensor reserves all rights not expressly granted to Licensee under this Agreement. Licensor warrants that all 3rd-party copyright utilized within the software are registered with 3rd-party owner(s) and will not breach copyright, license, or terms and conditions within software. The Service may invite you to participant in online forums and other functionality and may provide you the opportunity to create, submit and post content and materials to Group Publishing and/or to the Service, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “User Content”). You agree that your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grand all of the rights and licenses in there Terms without Group Publishing incurring any third party obligations or liability arising out of its exercise or the rights thereto granted herein by you. You acknowledge that you do not rely on Group Publishing to monitor or edit the User Content from the Service. Group Publishing has no obligation to accept, display, review, monitor or maintain User Content. We have the right to delete User Content from the Service without notice for any reason at any time without notice to you. You agree that your use of and conduct on the Service shall be lawful and your User Content will not include any offensive comments or include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language. That your User Content will not defame, libel, ridicule, threaten, harass, intimidate or abuse anyone or promote violence or describe how to perform a violent act. You agree that you User Content will not reveal any personal information about another individual, including another person’s address, phone number, e-mail address, or any information that may be used to track, contact or impersonate that individual. You agree not to submit false reports of abuse or misconduct. You agree not to engage in any commercial activities using the Service.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. Licensee must not use any Licensor Internet-based services with the Software in any manner that could damage, disable, overburden, or impair such services or interfere with any third party's use and enjoyment of them. Licensee must not attempt to gain unauthorized access to any service, account, computer systems or networks associated with the Internet-based services.
Intellectual Property and Confidentiality
LINKS TO THIRD-PARTY SITES. Licensor is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. Licensor is providing these links and access to third-party sites and services to Licensee only as a convenience. The inclusion of any link or access does not imply an endorsement by Licensor of the third-party site or service.
PROPRIETARY RIGHTS TO SOFTWARE AND TRADEMARKS. Licensee acknowledges that the Software and the Documentation are proprietary to Licensor, and the Software and Documentation are protected under United States copyright law and international. Licensee further acknowledge and agree that, as between Licensee and Licensor, Licensor owns and shall continue to own all right, title, and interest in and to the Software and Documentation, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. This Agreement does not grant Licensee any ownership interest in or to the Software or the Documentation, but only a limited right of use that is revocable in accordance with the terms of this Agreement. Any and all trademarks or service marks that Licensor uses in connection with the Software or with services rendered by Licensor are marks owned by Licensor. This Agreement does not grant Licensee any right, license, or interest in such marks, and Licensee shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks. Licensee will use Licensee’s best efforts to cooperate with and assist Licensor in identifying and preventing any unauthorized use, copying, or disclosure of the Software, Documentation, or any portion thereof.
EXPORT RESTRICTIONS. Licensee acknowledges that the Software is subject to U.S. Export Administration Regulations. Licensee shall comply with all U.S. Laws and Regulations applicable to the Software and Documentation that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
LICENSE FEES. Upon acceptance of this Agreement, Licensee may request Licensor to provide the Software and Documentation electronically. The Software will be available to Licensee for use upon Licensee's payment of annual subscription. Upon acceptance of this Agreement, Licensee may obtain software through web download. The license fees paid by Licensee are paid in consideration of the license granted under this Agreement. Licensee understands and accepts that there will be no refunds for any reason under this agreement.
TERM AND TERMINATION. This Agreement is effective upon Licensee’s acceptance of the Agreement, or upon Licensee’s installing, accessing, and using the Software, even if Licensee has not expressly accepted this Agreement. This Agreement will terminate automatically if Licensee fails to comply with any of the limitations or other requirements described herein. Licensee may terminate this License Agreement by: (i) providing written notice of Licensee’s decision to terminate the Agreement to Licensor and (ii) either returning the Software, Documentation, all copies thereof, that Licensee has obtained to Licensor or destroying all such materials and providing written verification of such destruction to Licensor. To exercise this option, Licensee’s must send written notice or material to, contact: Group Publishing, 1515 Cascade Avenue, Loveland CO 80539. Licensor may terminate this License Agreement if Licensee breaches any term of the Agreement. Licensor reserves the right to terminate this agreement, along with software and hosting services, for any reason by providing written notice of intent to terminate 90 days prior to the termination date.
LICENSE AUTOMATIC UPDATE AND EXPIRATION. Licensee’s license will expire no later than November 30, 2016 and will result in the termination of the license. Licensee’s Annual subscription must be processed prior to the expiration date in order for the license updates to be performed. For Licensee’s convenience Licensor, may at its discretion, but not required to provide license expiration warnings in the product interface or via E-mail should there be any issues that would cause the product license to expire. It is Licensee’s responsibility to contact Licensor regarding any potential expiration Licensee deem inappropriate. Licensor is not liable for any damages or costs incurred in connection with the expiring licenses. Licensor will retain for a period of 60 days after expiration before resetting all counters and clearing data values.
INFRINGEMENT. If Licensee learns of any actual or threatened infringement or piracy of the Software, or if any infringement or piracy claim is made against Licensee by a party other than Licensor in connection with Licensee’s use of the Software, Licensee shall notify Licensor in writing of the infringement, piracy or claim as soon as is reasonably possible. Licensor shall in its sole discretion determine what action, if any, to take with respect to the foregoing. INDEMNIFICATION. The Software must include certain photographs, clip art, shapes, animations, sounds, music, postings, and video clips that are identified in the Software for licensee’s use ("Media Elements"). Licensee may NOT copy or modify the Media Elements.
THE SOFTWARE AND DOCUMENTATION ARE LICENSED “AS IS,” AND LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITATION OF THE FOREGOING, LICENSOR EXPRESSLY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. LICENSEE ASSUMES RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE LICENSEE’S INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM LICENSEE’S USE OF THE SOFTWARE.
Limitation of Liability and Warranty
LICENSOR’S CUMULATIVE LIABILITY TO LICENSEE OR ANY PARTY RELATED TO LICENSEE FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LICENSOR’S INTELLECTUAL PROPERTY, SHALL BE LIMITED TO THE AMOUNT OF LICENSE FEES PAID TO LICENSOR BY LICENSEE UNDER THIS AGREEMENT, BUT IN NO EVENT SUCH LIABILITY SHALL EXCEED $1,000 (one thousand U.S. dollars) IN THE AGGREGATE FOR ALL OCCURANCES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE. IN NO EVENT SHALL LICENSOR BE LIABLE TO LICENSEE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GOVERNING LAW AND CHOICE OF FORUM. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Colorado, without regard to the conflicts of law rules thereof. Any claim or dispute arising in connection with this Agreement shall be resolved in the federal or state courts situated in the State of Colorado. Venue shall be in Larimer County, Colorado. To the maximum extent permitted by law, Licensee hereby consent to the jurisdiction and venue of such courts and waive any objections to the jurisdiction or venue of such courts.
SEVERABILITY. If any term or provision of this Agreement is declared void or unenforceable in a particular situation, by any judicial or administrative authority, this declaration shall not affect the validity of enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation.
AMENDMENT. Licensor reserves the right, in its sole discretion, to amend this Agreement from time to time. The most current version of this Agreement, posted at http://vbspro.events will prevail. If Licensee does not accept amendments made to this agreement, then this license will be immediately terminated pursuant to Section 4.
TAXES. Licensee shall, in addition to the license fees required under this Agreement, pay all applicable sales, use, transfer, or other taxes and all duties, whether national, state, or local, however designated.
ADDITIONAL SOFTWARE/SERVICES. This Agreement applies to updates, supplements, add-on components, or Internet-based services components of the Software that Licensor may provide to Licensee or make available to Licensee after the date Licensee receives obtain Licensee’s initial copy of the Software, unless they are accompanied by separate terms. Licensor, may, at its own discretion, offer enhanced services and customization support options to users at an additional price.