Licensing Agreement for The Master Agreement With Disclaimer and Limitation of Remedies
IMPORTANT- READ CAREFULLY
Installation, copying or use of The Master Agreement for Separation and Divorce shall constitute acceptance of the terms of this LICENSE AGREEMENT, DISCLAIMER, and LIMITATION OF REMEDIES provisions. Acceptance is limited to the terms of the LICENSE AGREEMENT, DISCLAIMER, and LIMITATION OF REMEDIES provisions and may not be modified except by the express written consent of Jay M. Bultz.
If you do not agree to the terms of this LICENSE AGREEMENT, DISCLAIMER, and LIMITATION OF REMEDIES, STOP the installation, remove the program files from your computer, and return all materials to the S.C. Bar – CLE Division. A prompt and full refund of the purchase price will be made.
- This license agreement (“LICENSE AGREEMENT”) is a legal agreement between Jay M. Bultz (“LICENSOR”) and you, the purchaser of this product (“LICENSEE,) for a license to install and use the “Master Agreement” (“PRODUCT”). LICENSEE acknowledges that this is a limited nonexclusive license and LICENSOR is and will remain the owner of all titles, rights and interests in the PRODUCT.
- This LICENSE AGREEMENT grants a license to use the PRODUCT along with any and all printed or electronic material associated with it to the extent granted herein. It is valid without LICENSOR’s signature and becomes effective upon the earlier of LICENSEE breaking the sticker seal on the CD packaging or LICENSEE’s installation and use of the PRODUCT.
- The PRODUCT is protected by copyright laws. It is licensed, not sold.
- You may install and use the PRODUCT on up to five (5) stand-alone computers or networked stations in your law firm. If you require installation on more than five (5) stand- alone workstations, you will be required to buy additional licenses. It is the intent of this LICENSE AGREEMENT that up to five (5) copies of this PRODUCT be installed or used at any given time and then only in your law firm, unless additional licenses have been purchased.
- In no event shall the license(s) issued to your firm be transferred to any other person, company, firm or entity.
- You may not make any copies or allow copies of the PRODUCT to be made for any purpose, and you may not lease, rent or loan the PRODUCT.
- LICENSOR has the right to terminate this LICENSE AGREEMENT and LICENSEE’S right to use this PRODUCT upon any material breach by LICENSEE.
- LICENSEE agrees to return to LICENSOR all copies of the PRODUCT upon termination of the license and un-install from any and all computers.
- This LICENSE AGREEMENT is the entire and exclusive agreement between LICENSOR and LICENSEE regarding this PRODUCT. This LICENSE AGREEMENT replaces and supersedes all prior negotiations, dealings, and agreements between LICENSOR and LICENSEE regarding this PRODUCT.
- This LICENSE AGREEMENT is governed by the law of South Carolina applicable to South Carolina contracts.
DISCLAIMER OF WARRANTITIES and LIMITATION OF REMEDIES
- This PRODUCT is subject to a limited warranty. LICENSOR and the SOUTH CAROLINA BAR - CONTINUING LEGAL EDUCATION DIVISION warrant to LICENSEE that the physical medium on which this PRODUCT is distributed is free from defects in materials and workmanship under normal use, and to the best of LICENSOR’S, SOUTH CAROLINA BAR and its CONTINUING LEGAL EDUCATION DIVISION’S knowledge LICENSEE’S use of this PRODUCT according to the printed documentation is not an infringement of any third party's intellectual property rights. This limited warranty lasts for a period of thirty (30) days after delivery. To the extent permitted by law, THE ABOVE-STATED LIMITED WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND LICENSOR, and the SOUTH CAROLINA BAR and its CONTINUING LEGAL EDUCATION DIVISION DISCLAIM ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. No agent of LICENSOR is authorized to make any other warranties or to modify this limited warranty. Any action for breach of this limited warranty must be commenced within one (1) year of the expiration of the warranty. Because some jurisdictions do not allow any limit on the length of an implied warranty, the above limitation may not apply to this LICENSEE. If the law does not allow disclaimer of implied warranties, then any implied warranty is limited to thirty (30) days after delivery of the PRODUCT to LICENSEE. LICENSEE has specific legal rights pursuant to this warranty and, depending on LICENSEE’S jurisdiction, may have additional rights.
- In case of a breach of the Limited Warranty, LICENSEE’S sole and exclusive remedy is as follows: LICENSEE will return all copies of the PRODUCT to LICENSOR or the SOUTH CAROLINA BAR - CONTINUING LEGAL EDUCATION DIVISION, at LICENSEE’S expense, along with proof of purchase. At LICENSOR’s option, LICENSOR will either send LICENSEE a replacement copy of the PRODUCT, at LICENSOR’s expense, or issue a full refund.
- Notwithstanding the foregoing, LICENSOR and the SOUTH CAROLINA BAR - CONTINUING LEGAL EDUCATION DIVISION ARE NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE'S USE OF THIS PRODUCT. LICENSEE’s jurisdiction may not allow such a limitation of damages, so this limitation may not apply.
- LICENSEE agrees to defend and indemnify LICENSOR and the SOUTH CAROLINA BAR - CONTINUING LEGAL EDUCATION DIVISION and hold LICENSOR and the SOUTH CAROLINA BAR - CONTINUING LEGAL EDUCATION DIVISION harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from LICENSEE’S use of this PRODUCT.
- The LICENSOR and the SOUTH CAROLINA BAR - CONTINUING LEGAL EDUCATION DIVISION do not render any legal, accounting, or other professional services. South Carolina Bar - Continuing Legal Education publications and products are intended to provide current and accurate information about the subject matter covered, and are designed to help attorneys maintain their professional competence. Attorneys using S.C. Bar – CLE publications and products in dealing with a specific client’s or their own legal matters should also research original sources of authority.
- The LICENSOR and the SOUTH CAROLINA BAR - CONTINUING LEGAL EDUCATION DIVISION have obtained information from sources believed to be reliable. However, because of human or mechanical error, neither the LICENSOR nor the SOUTH CAROLINA BAR - CONTINUING LEGAL EDUCATION DIVISION guarantee the accuracy, adequacy, or completeness of any information or forms and are not responsible for errors or omissions or for the results obtained from use of such information and/or forms contained in the book/CD product.
- The LICENSOR would appreciate any comments and/or notification of any errors.
IRS CIRCULAR 230 NOTICE. To ensure compliance with requirements imposed by the IRS, unless specifically indicated otherwise, any tax advice contained within this book was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, (ii) promoting, marketing, or recommending to another party any tax-related matter addresses herein.