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IMPORTANT READ CAREFULLY BEFORE USING THIS PRODUCT LICENSE AGREEMENT AND LIMITED WARRANTY BY INSTALLING OR USING THE SOFTWARE, FILES OR OTHER ELECTRONIC.

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Presentation on theme: "IMPORTANT READ CAREFULLY BEFORE USING THIS PRODUCT LICENSE AGREEMENT AND LIMITED WARRANTY BY INSTALLING OR USING THE SOFTWARE, FILES OR OTHER ELECTRONIC."— Presentation transcript:

1 IMPORTANT READ CAREFULLY BEFORE USING THIS PRODUCT LICENSE AGREEMENT AND LIMITED WARRANTY BY INSTALLING OR USING THE SOFTWARE, FILES OR OTHER ELECTRONIC CONTENT INCLUDED WITH THIS AGREEMENT YOU ACCEPT THE TERMS OF THIS LICENSE WITH THE PAPERLESS HYMNAL (TPH). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND YOU ARE ALSO THE ORIGINAL LICENSEE OF THIS PRODUCT (“ORIGINAL LICENSEE”), PROMPTLY RETURN THE PRODUCT TOGETHER WITH ALL ACCOMPANYING ITEMS TO THE ADDRESS AT THE BOTTOM OF THIS LICENSE. THIS IS THE ENTIRE AGREEMENT BETWEEN THE PARTIES RELATING TO THIS PRODUCT AND SUPERSEDES ANY PURCHASE ORDER, COMMUNICATION, ADVERTISING OR REPRESENTATION CONCERNING THE PRODUCT. NO CHANGE OR MODIFICATION OF THIS LICENSE WILL BE VALID UNLESS IT IS IN WRITING AND IS SIGNED BY TPH.

2 SINGLE USER LICENSE. The Paperless Hymnal grants you the right to use one copy of the accompanying product (the “Product”) for use by you only. The owner licensee may be either an individual or a church (a single congregation). This license, and the restrictions in this agreement, cover all files (“Files”), materials and any other electronic content (“Content”) of the accompanying product. All rights not expressly granted are reserved by The Paperless Hymnal. This License does not constitute a sale and does not authorize a sale of the Files, Materials, Content or anything created thereby. You must treat the Product and associated materials and any elements thereof like any other copyrighted material. This Agreement is governed by the internal substantive laws of the State of Texas (and not by the 1980 United Nations Convention on Contracts of the International Sale of Goods, as amended). In the event you fail to comply with any of the terms or conditions of this license, your rights to use the Product will end, you shall stop using the Product, remove the Product from your computer and permanently erase all copies of the Product.

3 Single User License continued YOU MAY NOT: Use the Product or permit use of the Product on more than one computer, computer terminal or workstation at the same time. Files created for the purpose of display only during assemblies may be transferred to another computer for use during assemblies of the owner licensee only. Make copies of the materials accompanying the Product or make copies of the Product except to install on the hard drive of one computer. Use the Product or permit use of the Product in a network or other multi- user arrangement, on an electronic bulletin board system, or on an internet server. Rent, lease, license or otherwise transfer this Product without the expressed written consent of TPH, except that you may transfer the complete Product copy and accompanying materials on a permanent basis, provided that no copies are retained and the recipient agrees to the terms of this Agreement. Use any of the content for any commercial purposes.

4 Single User License continued YOU MAY: Install this Product in part or in its entirety on one computer only. Transfer created presentations from the computer on which the Product is installed to another computer for the purpose of displaying that same presentation. If this license is granted to an individual, he/she may display these presentations at any number of congregations, so long as he/she is not producing these presentations for multiple congregations simultaneously. A separate product must be purchased for each church where presentations are display on a regular basis. In the case of a special event, see Special Use License for terms of permission. If this license is granted to a church, these presentations can only be displayed at that church only.

5 MULTI USER (SITE) LICENSE. The Paperless Hymnal grants you the right to use the accompanying product (the “Product”) for use by your church (the licensee and site) only. The number of computers on which this Product can be installed shall be determined by the Multi Licensee Schedule (the "Schedule). This license, and the restrictions in this agreement, cover all files (“Files”), materials and any other electronic content (“Content”) of the accompanying product. All rights not expressly granted are reserved by The Paperless Hymnal. This License does not constitute a sale and does not authorize a sale of the Files, Materials, Content or anything created thereby. You must treat the Product and associated materials and any elements thereof like any other copyrighted material. This Agreement is governed by the internal substantive laws of the State of Texas (and not by the 1980 United Nations Convention on Contracts of the International Sale of Goods, as amended). In the event you fail to comply with any of the terms or conditions of this license, your rights to use the Product will end, you shall stop using the Product, remove the Product from your computer and permanently erase all copies of the Product.

6 Multi User (Site) License continued YOU MAY NOT: Use the Product or permit use of the Product by more than one congregation which shall be the owner licensee. Files created for the purpose of display only during assemblies may be transferred to an unlicensed computer for use during assemblies of the owner licensee only. Make copies of the materials accompanying the Product or make copies of the Product except to install on the hard drive of computers owned by the owner licensee or owned by members of the owner licensee. Use the Product or permit use of the Product on an electronic bulletin board system, or on an internet server that is accessible to individuals who are not members of the owner licensee. Rent, lease, license or otherwise transfer this Product without the expressed written consent of TPH, except that you may transfer the complete Product copy and accompanying materials on a permanent basis, provided that no copies are retained and the recipient agrees to the terms of this Agreement. Use any of the content for any commercial purposes. Display presentations created with TPH at non licensee churches or gatherings without permission (see Special Use License).

7 Multi User (Site) License continued YOU MAY: Install this Product in part or in its entirety on as many computers as you wish, so long as you purchase additional licenses according to the Schedule provided Install this Product in part or in its entirety on a server so long as that server can not be accessed by others who are not members of the owner licensee church. Transfer created presentations from a computer on which the Product is installed to another computer for the purpose of displaying that same presentation. These presentations can only be displayed at the owner licensee church only.

8 Multi User (Site) License Schedule UsersVolume One All Other Volumes each 1Price of productPrice of product 2-3$60$30 4-5$100$50 2-3Volumes 1,2,3 & 4$ Volumes 1,2,3 & 4$250 Five is the maximum number of users that will be granted license per product. Additional Products must be purchased for more users even if the Product is placed on a server. The licensee (church) shall agree to abide by this Schedule when the product is copied onto multiple computers or a server. The licensee (church) shall agree to register each user.

9 SPECIAL USE LICENSE. Purpose: To use The Paperless Hymnal at special events The owner licensee may obtain written permission from The Paperless Hymnal to use presentations created on a licensed computer for events at non licensee churches or other gatherings. The request for permission must be made two weeks in advance of the event. There may be a charge involved, depending on the purpose and estimated attendance of the event. The request for permission is to be made to: and should include the following information: Date, location, and purpose of the event Number of songs to be used from TPH Name and address of licensee Name and address of contact person in the case of a multi user license

10 LIMITED WARRANTY. TPH warrants to the Original Licensee only, that the Product shall perform substantially in accordance with the accompanying written materials for ninety (90) days from the date of purchase.

11 EXCLUSIVE REMEDY. The Original Licensee’s exclusive remedy for the breach of this License shall be, at TPH’s option, (a) shall be the replacement of the Product that does not meet TPH’s Limited Warranty and which is returned to TPH with a copy of your receipt; or (b) a refund of the price, if any, which you paid for the Product and associated material. This Limited Warranty is void if the failure of the Product has resulted from accident, abuse, misapplication or use of the Product with incompatible hardware.

12 REGISTERED USERS. All users are requested to fill out the Registration File and either print it and mail it to the address at the bottom of this license or it to the address at the bottom of this license. To those users who do complete this registration process, TPH will from time to time, to you corrections, updated material and/or new volume information as TPH deems necessary. TPH will have no obligation in this regard to users who either do not register their Product or who do not inform TPH of their current address.

13 NO OTHER WARRANTIES. TPH disclaims all warranties with respect to the Product and accompanying materials, if any, either expressed or implied, including but not limited to implied warranties of merchantability, non-infringement of third party rights and fitness for a particular purpose. This limited warranty gives you specific legal rights. Depending upon where you live, you may have other rights which vary from state/country to state/country. TPH warrants only that the Product will perform as described in the user documentation. No other advertising, description or representation, whether made by a TPH dealer, distributor, agent or employee, shall be binding upon TPH or shall change the terms of this warranty.

14 LIMITATIONS ON DAMAGES. In no event shall TPH be liable for any consequential or incidental damages whatsoever arising out of the use of or inability to use the product, even if TPH has been advised of the possibility of such damages. This means that TPH shall not be responsible or liable for lost profits or revenues, or for damages or costs incurred as a result of loss of time, data, or use of the software, or from any other cause. TPH liability shall not exceed the actual price paid for the license to use the product. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. © The Paperless Hymnal™

15 The Paperless Hymnal 8705 Bridgeport Drive Austin, Texas


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