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Keepsake Names Software License and Lease Agreement
- GRANT OF LICENSE
This is a legal agreement between you, the customer, and Keepsake Names concerning the lease
- conditions of the software program to create prayer name poems using Keepsake Names prayer verses.
- Review the following terms and conditions of this agreement carefully before you indicate your
- acceptance of all terms and conditions by signing this document. If you do not agree with any of them,
- you should not sign this agreement. If you have any questions about this agreement you can
- call or Fax us.
LICENSE
Pursuant to the license granted to you by this agreement, you may use the program to create the
- number of prayer names stated in your lease purchase. The license agreement is for one customer.
- You may not allow someone to use your program. You may not have the program installed on more
- than one computer at a time. You may not sublicense, assign, or transfer the license or the program
- except as expressly provided in this agreement. Any attempt to otherwise sublicense, assign, or
- transfer the license or the program, any of the rights, privileges, duties, or obligations hereunder is
- null and void by a breach of contract and not merely voidable. You may not electronically transfer the
- Program over a computer network. You may not modify, reverse engineer, decompile, disassemble
- or otherwise create derivative works based on the program.
TERM and ROYLITY FEE
The license is effective until terminated. You may terminate the agreement by not using the program
- disk. The license shall also terminate upon conditions set forth elsewhere in this agreement or if you
- fail to comply with any of the terms and conditions of this agreement. The program for Keepsake
- Names Prayer Names is a stand-alone program that is “copy protected” and no other software program
- is required for its use. As long as the license is effective you have the right to print as many prayer
- names as you want. The roylity fee is based on (thirty cents) .30 per name that is created, after
- the number assigned at purchase is created. This fee is payable to Keepsake Names after each
- additional 100 prayer names are created. The roylity fee only applies to those who do not purchase
- their material from Keepsake Names.
- This is your guaranteed cost for as long as your license is effective.
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LIMITED WARRANTY AND REMEDIES
Keepsake Names warrants the disk on which the program is furnished to be free from defects in
- materials and workmanship. The forgoing warranty does not cover any disk which has been
- damaged as a result of accident, misuse, abuse, or as a result of service or modification by
- any one other than Keepsake Names.
- NO OTHER WARRANTIES
To the maximum extent permitted by applicable law, Keepsake Names disclaims all other
- warranties, either expressed or implied., including, but not limited to implied warranties of
- merchantability and, or fitness for a particular purpose, with regard to the software, program
- and all accompanying material. This agreement shall be governed by the laws of the state of
- Ohio as applicable to contracts between residents of the state of Ohio which are entered into and
- performed entirely within the state of Ohio. If any provision of this license shall be held by a court
- of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent
- permissable, and the remaining provsions of this license will remain in full force and effect.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
To the maximum extent permitted by applicable law, in no way shall Keepsake Names or its
- suppliers be liable for any damages whatsoever (including, without limitation, damages for loss
- of business profits, business interruption, loss of business information , or other pecuniary loss)
- arising out of the use or inability to use this Keepsake Names program disk. Keepsake Names
- does not warrant that the function of the program will meet your requirements or that the
- operation of the program will be uninterrupted or error-free. In no event will Keepsake Names,
- including, without limitation, subsidiaries, or any of the licensers, directors, officers, owners,
- employees or affiliates be liable for more than the replacement cost of program disk or refund
- of the license fee. Keepsake Names entire liability and licensee’s sole and exclusive remedy for
- any breach of this limited warranty will be, at Keepsakes Names option, replacement of program
- disk or refund of the license fee.
OWNERSHIP
Keepsake Names and its licensers retain all rights, title and interest in and to the software program,
- all Keepsake Names Prayer Verses, in whole or in part, including all names created by using the
- prayer verses, and the related materials including, without limitation (the name, Keepsake Names)
- all copyrights, trademarks, patents, logo and other proprietary rights herein. The foregoing licensee
- may not use Keepsake Names name, copyright, trademark to market the prayer names. This would
- include without limitation, renting display space, adds, brochures, flyers, internet sales, internet adds,
- contracts, presenting oneself as an employee of Keepsake Names, or presenting Keepsake Names
- as their Business.
INDEPENDENT SALES CONSULTANT
It is understood and agreed to that the licensee is not being offered a job and will never become an
- employee of Keepsake Names. It is understood and agreed to that the territory available to the
- licensee to market prayer names is not reserved or guaranteed by Keepsake Names. It is understood
- and agreed to that the licensee, as per the agreement herein, that desires to be an Independent
- Sales Consultant can present, create and print Keepsake Names Prayer Names. Including but not
- limited to all prayer names, poems, as gifts, samples or sale items must have the Keepsake Names
- copyright. The Independent Sales Consultant may add their own name, address, phone, Business
- name to the product as long as Keepsake Names copyright and other information is not covered up.
I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND
- BY ITS TERMS AND CONDITIONS. I FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE
- STATEMENT OF THE AGREEMENT BETWEEN KEEPSAKE NAMES, OR ITS LICENSERS WHICH
- SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN AND OTHER
- COMMUNICATIONS BETWEEN KEEPSAKE NAMES, OR ITS LICENSERS RELATING TO THE
- SUBJECT MATTER OF THIS SOFTWARE LICENSE AND LEASE AGREEMENT.
NAME_______________________________________________________________________DATE____________
ADDRESS (Required) __________________________________________________________________________
CITY/ STATE/ZIP______________________________________________________________________________
PHONE___________________________FAX_________________________EMAIL_________________________
SHIP TO (If different than above)_________________________________________________________________
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