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Purchase Agreement
PURCHASE AGREEMENT
WHEN YOU PURCHASE FROM THIS WEBSITE, YOU, THE BUYER, ARE CLAIMING THAT
YOU HAVE READ, ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF THIS
AGREEMENT.
Dear Valued Customer,
This is truly a great product and we’re sure you’ll
be happy that you got it. In fact, we guarantee your satisfaction with
our 56 day no-hassle, no-questions-asked, 100% refund policy as
described on our website.
The complete agreement that follows is designed by lawyers so is a
little long. It lays out our rights and duties and your rights and
duties as well as various disclaimers and limitations of liability. You
are encouraged to read the following Purchase Agreement .
You can be assured that whatever claims and promises are made in plain
English in the promotional materials or on our website – we
honor them and we guarantee them with our no-questions-asked, full 56
day refund policy.
Congratulations on your choice. We wish you every success!
Sincerely,
Sharda Baker
License Grant
"You" means the person or company who is being licensed to use the
Information and audios where included. "We," "us" and "our" means
Vinayak Enterprises Pty Ltd.
We hereby grant you a nonexclusive license to use one copy of the
ebook, ebooklets and any audios included in the package, on
any single computer, provided the materials are in use on only one
computer at any time. The materials is "in use" on a computer
when it is loaded into temporary memory (RAM) or installed into the
permanent memory of a computer-for example, a hard disk, CD-ROM or
other storage device.
If the Software is permanently installed on the hard disk or other
storage device of a computer (other than a network server) and one
person uses that computer more than 80% of the time, then that person
may also use the Ebook, ebooklets and audios on a portable or home
computer.
Title
We remain the owner of all right, title and interest in the Ebook,
ebooklets and any audios.
Archival or
Backup Copies
You may copy and print the ebook, ebooklets and copy any
audios included for back up and archival purposes, provided that the
original and each copy is kept in your possession and that your
installation and use of the downloadable material does not
exceed that allowed in the "License Grant" section above.
Things You May Not Do
The Ebook, ebooklets and audios are protected by United States
copyright laws and international treaties. You must treat the Ebook,
ebooklets and audios like any other copyrighted material-for example, a
book. You may not:
Make more than one copy of the Ebook, ebooklets and audios
without written permission,
Copy the Ebook, ebooklets and audios except to make archival or backup
copies as provided above,
Modify or adapt the Ebook, ebooklets and audios or merge it into
another program,
Reverse engineer, disassemble, decompile or make any attempt to
discover the source code of the Ebook, ebooklets and audio.
Place the Ebook, ebooklets and audios onto a server so that it is
accessible via a public network such as the Internet, or
Sublicense, rent, lease or lend any portion of the Ebook, ebooklets and
audios.
Transfers
You may transfer all your rights to use the Ebook, ebooklets and audios
to another person or legal entity provided you transfer this Agreement,
the Ebook, ebooklets and audios, including all copies, updates and
prior versions to such person or entity and that you retain no copies,
including copies stored on computer.
Limited Warranty
We warrant that for a period of 56 days after delivery of this copy of
the Ebook, ebooklets and audios to you:
The Ebook, ebooklets and audios will perform in substantial accordance
with the Documentation.
To the extent permitted by applicable law, THE FOREGOING LIMITED
WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR
IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS,
INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of
whether we know or had reason to know of your particular needs. No
employee, agent, dealer or distributor of ours is authorized to modify
this limited warranty, or to make any additional warranties.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
Limited Remedy
Our entire liability and your exclusive remedy for breach of the
foregoing warranty shall be, at our option, to either:
Return the price you paid, or
Repair or replace the Ebook, ebooklets and audios that does not meet
the foregoing warranty if it is returned to us with a copy of your
receipt.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY
LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE EBOOKS
EBOOKLETS AND AUDIOS EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR
HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM
BY ANY OTHER PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
Term and Termination
This license agreement takes effect upon your use of the Ebook,
ebooklets and audios and remains effective until terminated. You may
terminate it at any time by destroying all copies of the Ebook,
ebooklets and audios in your possession. It will also automatically
terminate if you fail to comply with any term or condition of this
license agreement. You agree on termination of this license to destroy
all copies of the Ebook, ebooklets and audios in your possession.
Confidentiality
The Ebook, ebooklets and audios contains trade secrets and proprietary
know-how that belong to us and it is being made available to you in
strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS
ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE
WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR
TRADE SECRET RIGHTS.
Disputes
This license agreement shall be governed by, construed and enforced in
accordance with the laws of the State of Victoria, Australia, as it is
applied to agreements entered into and to be performed entirely within
such jurisdiction.
To the extent you have in any manner violated or threatened to violate
Vinayak Enterprises Pty Ltd and/or its affiliates' intellectual
property rights, Vinayak Enterprises Pty Ltd and/or its affiliates may
seek injunctive or other appropriate relief in any state or federal
court in the State of Victoria, Australia and you consent to exclusive
jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to
resolve it with the help of a mutually agreed-upon mediator in the
following location: Melbourne, Victoria. Any costs and fees other than
attorney fees associated with the mediation will be shared equally by
each of us.
If it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding
arbitration at the following location: Melbourne, Victoria. Judgment
upon the award rendered by the arbitration may be entered in any court
with jurisdiction to do so.
General Provisions
1. This written license agreement is the exclusive
agreement between you and us concerning the Ebook, ebooklets and audios
and supersedes any prior purchase order, communication, advertising or
representation concerning the Software.
2. This license agreement may be modified only by a writing signed by
you and us.
3. In the event of litigation between you and us concerning the Ebook,
ebooklets and audios, the prevailing party in the litigation will be
entitled to recover attorney fees and expenses from the other party.
4. You agree that the Ebook, ebooklets and audios will not be shipped,
transferred or exported into any country or used in any manner
prohibited by Australia export laws, restrictions or regulations.
5. The application of the United Nations Convention on Contracts for
the International Sale of Goods, as amended, is expressly excluded.
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