END USER SOFTWARE LICENSE AGREEMENT
This
Software License Agreement refers to the program Magic
Show Builder and its Manual only
License
Grant
"You" means the person or company who is
being licensed to use the Software or Documentation. "We,"
"us" and "our" means MagicShowBuilder.com (S C Intn, Inc.
in association with Salvador Calderon).
We hereby grant you a nonexclusive license
to use the Software which is downloaded from our
server.
Title
We remain the owner of all right, title and
interest in the Software and related explanatory written
materials ("Documentation").
Reselling/Resale
rights of course & scripts created, and trade
secrets.
You do not have any resale rights to this
course or software or information. You may not use this
software to be sold as part of any product or service.
Any trade secrets about Magic Show Builder
or its Documentation or the function of the
software can not be shared by you with anyone non paid
person of Magic Show Builder whether free or paid to you.
You may not create reports articles etc about this
information and you may not speak on the topic for profit
or free without express permission by Salvador
Calderón.
The licence to the software is granted to
your name only, and applies to one installation on one
computer only. You may purchase additional licences to have
the software installed in other computers. Under no
circumstances you are allowed to sell the licence. The only
lawful way to participate in the sales of the Software is
through the affiliate program through this site.
If you ask for a refund during the 30 day
guarantee period, you must uninstall your version of the
software. You must delete all copies you made of digital
information and destroy all hard copy. Your membership on
the site will also be terminated and you will not be
allowed to sign up again.
If you can not abide by these terms, DO NOT
BUY THE PRODUCT.
Things You May Not Do
The Software and Documentation are
protected by Mexico's copyright laws and International
Treaties. You must treat the Software and Documentation
like any other copyrighted material-for example, a book.
You may not:
Copy the Documentation,
Reverse engineer, disassemble,
decompile or make any attempt to discover the
source code of the Software.
Sublicense, rent, lease or lend any
portion of the Software or Documentation.
Limited
Warranty
We warrant that for a period of 30 days
after delivery of this copy of the Software to you:
The media on which this copy of the
Software is provided to you will be free from
defects in materials and workmanship under normal
use, and
The Software 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, NONINFRINGEMENT,
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.
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 Software or
media 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 SOFTWARE (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 software and remains effective until
terminated. You may terminate it at any time by destroying
all copies of the Software and Documentation 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 Software and Documentation in
your possession.
Confidentiality
The Software and its Documentation contain
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
Mexico, 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 MagicShowBuilder.com
(S.C. Intnl, Inc. in association with Salvador Calderon)
and/or its affiliates' intellectual property rights,
MagicShowBuilder.com (S.C. Intnl, Inc. in association with
Salvador Calderon) and/or its affiliates may seek
injunctive or other appropriate relief in any state or
federal court in Mexico City, D.F., Mexico, 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:
Mexico City, D.F., Mexico. 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: Mexico City, D.F., Mexico, under the
rules of the Mexican Laws.
General
Provisions
- This written license agreement is the exclusive
agreement between you and us concerning the
Software and Documentation and supersedes any prior
purchase order, communication, advertising or
representation concerning the Software.
- This license agreement may be modified only by
a writing signed by you and us.
- In the event of litigation between you and us
concerning the Software or Documentation, the
prevailing party in the litigation will be entitled
to recover attorney fees and expenses from the
other party.
By using this site, you signify your Assent and
Agreement to these Terms of Use. If you do not agree to
these Terms of Use, do not use the Software.
Restrictions on Use of
Materials
Materials in this website are Copyrighted and all rights
are reserved. Text, graphics, databases, HTML code, and
other intellectual property are protected by Mexican and
International Copyright Laws, and may not be copied,
reprinted, published, reengineered, translated, hosted, or
otherwise distributed by any means without explicit
permission. All of the trademarks on this site are
trademarks of MagicShowBuilder.com (S.C. Intnl, Inc. in
association with Salvador Calderon) or of other owners used
with their permission.
Liability
The materials in this site are provided "as is" and
without warranties of any kind either express or implied.
MagicShowBuilder.com (S.C. Intnl, Inc. in association with
Salvador Calderon) disclaims all warranties, express or
implied, including, but not limited to, implied warranties
of merchantability and fitness for a particular purpose.
MagicShowBuilder.com (S.C. Intnl, Inc. in association with
Salvador Calderon) does not warrant that the functions
contained in the materials will be uninterrupted or
error-free, that defects will be corrected, or that this
site or the server that makes it available are free of
viruses or other harmful components. MagicShowBuilder.com
(S.C. Intnl, Inc. in association with Salvador Calderon)
does not warrant or make any representations regarding the
use or the results of the use of the materials in this site
in terms of their correctness, accuracy, reliability, or
otherwise. You (and not MagicShowBuilder.com (S.C. Intnl,
Inc. in association with Salvador Calderon) assume the
entire cost of all necessary servicing, repair or
correction. Applicable law may not allow the exclusion of
implied warranties, so the above exclusion may not apply to
you.
Under no circumstances, including, but not limited to,
negligence, shall MagicShowBuilder.com (S.C. Intnl, Inc. in
association with Salvador Calderon) be liable for any
special or consequential damages that result from the use
of, or the inability to use, the materials in this site,
even if MagicShowBuilder.com (S.C. Intnl, Inc. in
association with Salvador Calderon) or a
MagicShowBuilder.com (S.C. Intnl, Inc. in association with
Salvador Calderon) authorized representative has been
advised of the possibility of such damages. In no
event shall MagicShowBuilder.com (S.C. Intnl, Inc. in
association with Salvador Calderon) total liability to you
for all damages, losses, and causes of action (whether in
contract, tort, including but not limited to, negligence or
otherwise) exceed the amount paid by you, if any, for using
the Software.
Facts and information at this website are believed to be
accurate at the time they were placed on the website.
Changes may be made at any time without prior notice. All
data provided on this website is to be used for information
purposes only. The information contained on this website
and pages within, is not intended to provide specific
legal, financial or tax advice, or any other advice,
whatsoever, for any individual or company and should not be
relied upon in that regard. The services described on this
website are only offered in jurisdictions where they may be
legally offered. Information provided in our website is not
all-inclusive, and is limited to information that is made
available to MagicShowBuilder.com (S.C. Intnl, Inc. in
association with Salvador Calderon) and such information
should not be relied upon as all-inclusive or accurate.
Links and
Marks
The owner of this site is not necessarily affiliated
with sites that may be linked to this site and is not
responsible for their content. The linked sites are for
your convenience only and you access them at your own risk.
Links to other websites or references to products, services
or publications other than those of MagicShowBuilder.com
(S.C. Intnl, Inc. in association with Salvador Calderon)
and its subsidiaries and affiliates at this website, do not
imply the endorsement or approval of such websites,
products, services or publications by MagicShowBuilder.com
(S.C. Intnl, Inc. in association with Salvador Calderon) or
its subsidiaries and affiliates.
Certain names, graphics, logos, icons, designs, words,
titles or phrases at this website may constitute trade
names, trademarks or service marks of MagicShowBuilder.com
(S.C. Intnl, Inc. in association with Salvador Calderon) or
of other entities. The display of trademarks on this
website does not imply that a license of any kind has been
granted. Any unauthorized downloading, re-transmission, or
other copying of modification of trademarks and/or the
contents herein may be a violation of federal common law
trademark and/or copyright laws and could subject the
copier to legal action.
Other Legal
Stuff
These Terms of Use will apply to every access to
MagicShowBuilder.com (S.C. Intnl, Inc. in association with
Salvador Calderon). MagicShowBuilder.com (S.C. Intnl, Inc.
in association with Salvador Calderon) reserves the right
to issue revisions to these Terms of Use by publishing a
revised version of this document on this site: that version
will then apply to all use by you following the date of
publication. Each access of information from
MagicShowBuilder.com (S.C. Intnl, Inc. in association with
Salvador Calderon) will be a separate, discrete transaction
based on the then prevailing terms.
This Terms of Use and the license granted may not be
assigned or sublet by You without MagicShowBuilder.com
(S.C. Intnl, Inc. in association with Salvador Calderon)'s
written consent in advance.
These Terms of Use shall be governed by, construed and
enforced in accordance with the laws of the Mexico City,
D.F. Mexico, 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 MagicShowBuilder.com (S.C. Intnl,
Inc. in association with Salvador Calderon) and/or its
affiliates' intellectual property rights,
MagicShowBuilder.com (S.C. Intnl, Inc. in association with
Salvador Calderon) and/or its affiliates may seek
injunctive or other appropriate relief in any local or
federal court in the Mexico City, D.F., Mexico, 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: Mexico
City, D.F., Mexico. 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: Mexico City, D.F., Mexico, under the rules of
Mexican Law. Judgment upon the award rendered by the
arbitration may be entered in any court with jurisdiction
to do so.
If any provision of this agreement is void or
unenforceable in whole or in part, the remaining provisions
of this Agreement shall not be affected thereby.
Termination
These Terms of Use agreement are effective until
terminated by either party. You may terminate this
agreement at any time by destroying all materials obtained
from any and all MagicShowBuilder.com (S.C. Intnl, Inc. in
association with Salvador Calderon) site(s) and all related
documentation and all copies and installations thereof,
whether made under the terms of this agreement or
otherwise. This agreement will terminate immediately
without notice at MagicShowBuilder.com (S.C. Intnl, Inc. in
association with Salvador Calderon) sole discretion, should
you fail to comply with any term or provision of this
agreement. Upon termination, you must destroy all materials
obtained from this site and any and all other
MagicShowBuilder.com (S.C. Intnl, Inc. in association with
Salvador Calderon) site(s) and all copies thereof, whether
made under the terms of this agreement or otherwise.