PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. YOUR USE OF the site AND CONTENT OBTAINED THROUGH the site MEANS THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS HEREIN.
PresentationMall.com ("the site") is owned and operated by Trumpet Marketing Group, LLC, ("TMG") which owns, controls or has legal permission to license all the Content and material on the site. If you do not agree with the terms and conditions herein you should exit the site immediately.
TERMS AND CONDITIONS
1. Licensee may use the TMG Content based on the registration information provided during the purchasing process. Any Content downloaded by Licensee from the TMG web site is licensed for use by the Licensee only in the development of presentations, websites or other design for Licensee or Licensee's client. Licensee may not sublicense or otherwise make the Content available to others for their use. The Content downloaded by Licensee may not be utilized on more than one computer owned by Licensee at the same time, by any non-Licensee, or on any network server unless a network version has been purchased from TMG. Licensee may not use the TMG trademark, or TMG copyrighted materials except as may be set forth in this license.
2. Licensees may copy the Content in machine readable form onto another diskette for "backup" purposes only, however, no more than two backup copies (including the original diskette if the content was transferred to a hard disk) may be made and only for this purpose, and provided that Licensee agrees to replicate the copyright notice shown below on any such copies; and
"Content" means any material downloaded, including without limitation, any files, images, programs, tools, data, or any other items available on this e-commerce website, to include, but not be limited to, trademarked and copyrighted materials. Licensee may not use the Content for resale or re-engineering purposes.
RESTRICTIONS
Licensee hereby acknowledges that the Content is and shall remain the property of TMG and that, except as expressly provided for in this Agreement, no right is granted to Licensee to (i) copy, print or transfer all or any part of the Content, (ii) modify the Content or merge or utilize all or any part of the Content with or into any other computer program, or (iii) redistribute, sell, compile, reverse compile, disassemble or otherwise reduce the Content to a machine or human readable form for any reason whatsoever.
COPYRIGHT AND NOTICE
THE CONTENT AND WEB SITE ARE COPYRIGHTED BY AND BELONG TO TMG, Inc. ("TMG") AND EXCEPT AS PERMITTED BY THIS AGREEMENT, Licensee MAY NOT DUPLICATE THE CONTENT. Licensee SHALL NOT ALTER OR REMOVE, OR PERMIT ANY PERSON TO ALTER OR REMOVE ANY OF THE COPYRIGHT OR OTHER NOTICES OF TMG ON, STATED IN OR AFFIXED TO THE CONTENT, OR ON ANY DISKETTES, COVERS OR OTHER PACKAGING MATERIAL CONTAINING THIS CUSTOM PROGRAM OR DOCUMENTATION.
TERM
This Agreement and the rights granted in this Agreement are effective until terminated. If Licensee transfers possession of any Content without the express written consent of TMG or otherwise fails to abide by the terms hereof, this Agreement shall be automatically terminated. Licensee does hereby authorize TMG to deny Licensee access to the website in the event of Licensee's unauthorized use or disclosure of any Content, and Licensee does hereby agree to indemnify and hold harmless TMG from any and all costs, expenses, claims, losses, causes of action, judgments, and/or awards arising from and/or in connection with Licensee's breach of this Agreement, including all reasonable attorney's fees, interest, court costs and consequential and incidental damages. The revocation of this Agreement pursuant to these terms shall not result in the refund of any monies paid by Licensee.
LIMITED WARRANTY
TMG is offering non-tangible irrevocable goods. Therefore, TMG does not issue refunds after the product is downloaded, which Licensee is responsible for understanding upon purchasing any Content from The Site.
DISCLAIMER OF OTHER WARRANTIES
EXCEPT AS PROVIDED ABOVE, TMG MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH TMG HEREBY EXPRESSLY DISCLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THAT THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATIONS ON TMG'S LIABILITY
IN NO EVENT SHALL TMG BE LIABLE, WHETHER IN CONTRACT OR IN TORT, OR ANY OTHER LEGAL THEORY, FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE CONTENT, INCLUDING, WITHOUT LIMITS, LOST PROFITS OR REVENUES, EVEN IF TMG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE LIMITS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU.
COMPLETE AGREEMENT
This Agreement supersedes all prior written or oral agreements between the parties hereto, if any, and is not assignable. It may be amended only in a written document that is signed by an authorized officer of TMG, or such as may be published on the site by TMG.
LINKS TO THIRD PARTY SITES
TMG provides links to third-party sites as a convenience to its Licensees. TMG does not control these third-party sites and therefore is not responsible for these sites. Any transaction entered into between the Licensee and one of these sites is the Licensee's sole decision and risk.
MISCELLANEOUS
No failure or delay to exercise any right or remedy under this Agreement shall operate as a waiver by TMG, and a single or partial exercise of any right or remedy will not preclude the further exercise of such right or remedy or any other right or remedy. This Agreement shall be construed and enforced in accordance with the laws of the United States and the State of Maryland. Licensee does hereby consent to the exclusive jurisdiction and venue of the federal and state courts in Maryland for resolution of any dispute arising from and/or in connection with this Agreement. |
