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Terms of Use
Stealing is forbidden in the Ten Commandments. This software is property—intellectual property. Please be faithful and honest to the software owner by not giving to others unauthorized product codes or registration keys. You may duplicate and distribute the Balancing the Sword - Reading Planner ® Software and Product Discovery Presentation CD without limit so long as the content of the CD is not altered. However, each product code and registration key must be legally purchased. Encourage others to support this endeavor by making the modest purchase of their own copy. Laborers are worthy of their hire, Jesus said. May God be glorified. Thank you, in advance, for your integrity.
The Balancing the Sword ("BTS") Reading Planner - Terms of Use, Licenses, and Notices
IMPORTANT-READ CAREFULLY: Please be sure to carefully read and understand all of the rights and restrictions in the Terms of Use, Licenses and Notices below ("TOU"). The TOU is also available at 'http://www.balancingthesword.com/Reading_Planner/Terms.asp'. This BTS Reading Planner software will not install on your computer unless or until you agree to the TOU.
This BTS Reading Planner software is provided to you under the terms and conditions of the TOU. You also agree that only third party software provided or configured as part of the BTS Reading Planner software is authorized by the BTS copyright or patent holder.
AGREEMENT BETWEEN USER AND THE BTS COPYRIGHT OR PATENT HOLDER
This is a legal agreement between you and the BTS Reading Planner copyright or patent holder (the "Owner") with respect to your access and use of the BTS Reading Planner software (the "Software"), content and related documentation and information (collectively, the "Product"). You must accept without modification all of the terms, conditions, and notices contained in these Terms of Use in order to access and/or use the Product (collectively, the "Terms of Use" or "TOU" or "Agreement"). If you do not accept these Terms of Use in their entirety, you may not access or use the Product.
The Product is the copyrighted work of the Owner. Acceptance of these TOU grants you a license to use the Product, not ownership. The Owner hereby grants to you, the user, a non-exclusive, revocable, personal, non-transferable license to use the Product in accordance with these TOU. You may not lend, lease, rent or sublicense the Software or any aspect of the Product.
Portions of the Product may be governed by posted guidelines, rules, or other terms and conditions at 'http://www.balancingthesword.com/Reading_Planner/Terms.asp'. All such guidelines, rules, terms and conditions are hereby incorporated by reference into these
TOU. In the event of a conflict between such other guidelines, rules, terms and conditions and these Terms of Use, the most recent documentation shall prevail.
1. MODIFICATION OF THESE TERMS OF USE; UPDATES
The Owner may change the Terms of Use at any time and such changes shall be effective immediately. You are responsible for reviewing the Terms of Use. The most recent version of the Terms of Use can be found at 'http://www.balancingthesword.com/Reading_Planner/Terms.asp'. Your continued use of the Product affirms your agreement to the Terms of Use and any changes.
The Owner is not obligated to provide updates or improvements to the Product. However, if the Owner, at his sole discretion, updates or improves the Product, these Terms of Use shall apply to such updates and improvements unless expressly noted otherwise.
2. CLIENT SOFTWARE USE LIMITATION
You may only use the BTS Reading Planner software or authorized third-party software to create reading schedules. A list of authorized third-party software can be found at 'http://www.balancingthesword.com/Reading_Planner/Terms.asp'. You may not use any software or services in conjunction with the BTS Software or authorized third-party software which attempts to modify the Product.
You may not authorize any third party to use the Product on your behalf without a separate written agreement with the Owner. You may not use any software or hardware that reduces or increases the number of users. One authorized copy of the software is intended for one user.
You may not copy, publish, modify, license, transmit, distribute, reproduce, display, transfer, create derivative works from, or sell any part of the Product except as expressly provided in these Terms of Use.
3. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Product, you will not use the Product for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Product to obtain information necessary for you to design, develop or update unauthorized software. You may not charge others to use the Product either directly or indirectly without the express written agreement of the Owner.
You may use the Product within your organization (one license for each computer) or as an individual (one license for each person) subject to these Terms of Use. However, without the express written agreement of the Owner, you may not use the Product to make money or receive donations.
You are responsible for all activities that occur with your copy of this Product. You agree to notify the Owner immediately of any unauthorized use related to the Product.
4. PRIVACY
See the Privacy Statement at 'http://www.balancingthesword.com/Policies/Privacy.asp' for disclosures relating to the collection and use of your information.
5. INTERACTION WITH THIRD PARTY SITES AND SERVICES
If the BTS Reading Planner is engineered at a later date to link to third-party websites ("Links"), the Links are not under the control of the Owner and the Owner is not responsible for the functionality or content of the Links. The Owner is providing these Links to you only as a convenience, and the inclusion of any Link does not imply endorsement. You are solely responsible for any dealings with third parties associated with the BTS Reading Planner.
7. SOFTWARE AND CONTENT AVAILABLE ON THE PRODUCT
All the Owner's content and software (if any) that is made available in connection with this Product must also be used according to these TOU.
You will not disassemble, reverse engineer, or decompile this Software. The BTS Reading Planner, BTS website support, and related software are protected by copyright laws and international treaty provisions. Any unauthorized reproduction or redistribution of the
Software is expressly prohibited by law, and may result in severe civil and criminal penalties. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S.A. export restrictions.
Your license to use the Software with the Product terminates when you terminate your use of the Product. Your license to use the Software with the Product may also terminate if the Owner, in its sole discretion, modifies the Product to no longer support such Software.
9. NO WARRANTIES; LIABILITY DISCLAIMER; EXCLUSIVE REMEDY
THE OWNER PROVIDES THE PRODUCT AND THE SOFTWARE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. THE OWNER, ITS AFFILIATES, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (collectively, the "Owner Parties") MAKE NO WARRANTIES. THE OWNER PARTIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES THAT ACCESS TO OR USE OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. THE OWNER MAY CHANGE THE PRODUCT OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON.
IN NO EVENT SHALL ANY OF THE OWNER PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, WITH THE DELAY OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE PRODUCT, OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE OWNER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PRODUCT, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PRODUCT.
10. INDEMNITY
You agree to indemnify and hold the Owner and all related parties harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Product, the violation of these Terms of Use by you, or the infringement by you, or other user of the Product using your computer or identity, of any intellectual property or other right of any person or entity.
11. CUSTOMER SUPPORT
The Owner may, but is not required to, provide you with customer support ("Support"). The Owner may terminate Support at any time in its sole discretion.
Authorized third-party software that uses the Product is not supported by the Owner and you should contact the provider of such software for support, if any.
13. ELECTRONIC NOTICES
You consent to the Owner providing you any information regarding the Product in electronic form. The Owner may provide such information to you via e-mail at the e-mail address you specified when you registered the Product or by access to the Owner's website.
14. GENERAL
Claims for enforcement, breach or violation of duties or rights under these Terms of Use are governed by the laws of the State of Florida or the state where the Owner resides if other than the State of Florida, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, are governed by the laws of your state of residence in the United States. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Hillsborough County, Florida, U.S.A. (or, in the county where the Owner resides if other than Hillsborough) in all disputes arising out of or relating to the use of the Product. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Owner as a result of this Agreement or use of the Product. The Owner may assign this Agreement, in whole or in part, at any time. The Owner's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in detraction of the Owner's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Product or information provided to or gathered by the Owner with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the unenforceable or invalid provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
The provisions of this Agreement governing disclaimers of warranties, liability limitation, indemnity obligations, intellectual property and governing law shall survive termination of the Agreement. This Agreement, including the documents expressly incorporated by reference above, constitute the entire agreement between the user and the Owner with respect to the Product and such agreements supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Owner with respect to the Product. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
YOU AND THE OWNER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PRODUCT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15. INTELLECTUAL PROPERTY NOTICES
All contents of the Owner's website related to the Product are Copyright © 2005 by the Owner or the Owner's related parties. All rights reserved.
TRADEMARKS. Balancing the Sword is a registered trademark of the Owner. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The Owner may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any Web pages that are part of the Product. Except as expressly provided in these Terms of Use, the furnishing of such Web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.
16. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Owner at Grow@BalancingTheSword.com.
Revised January 2012 by Olivia and Analise. |
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