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Legal Statement GOVERNING LAW AND JURISDICTION eBrandedSolutions,
Inc./SponsorshipPRO+/SponsorshipPRO End User License Agreement IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE, THEN YOU WILL NOT BE ABLE TO INSTALL OR USE THIS PRODUCT. DURING THE DOWNLOAD, OR INSTALL PHASE, YOUR ORGANIZATION WILL HAVE TO INDICATE AGREEMENT TO THESE TERMS TO CONTINUE THAT PROCESS. A. LICENSE eBrandedSolutions, Inc. (also referred to as "eBS", "we" or "us") hereby grants you the ability to use SponsorshipPRO+ or SponsorshipPRO, hereafter referred to as ãthe Productä (as defined below) in accordance with all of the terms and conditions of this License. The "Product" consists of: (1) all materials with which this License is packaged by eBS, which may include, but are not limited to, computer program(s), software, and code; templates; texts; accompanying printed materials; and "online" or electronic documentation, and (2) any supplemental software code and supporting materials which may be provided to you as part of support services provided or authorized by eBS for the Product. B. BY PURCHASING THE PRODUCT YOU MAY:
C. YOU MAY NOT:
D. TERM Your rights regarding the Product under this License shall remain in effect only as long as you are in full compliance with the terms and conditions of this License. Your rights to use the product shall terminate automatically if you fail to comply with any such terms or conditions. You agree, upon termination, to destroy all copies of the Product received, made or used by you in connection with this License. The Limitations of Warranties and Liability set out below shall continue in force even after any termination. E. OWNERSHIP All patents, copyrights, trademarks, trade secrets, intellectual property, proprietary and other ownership rights in the Product are and shall remain the property of eBS. All rights of any kind in the Product, which are not expressly granted in this License, are entirely and exclusively reserved to and by eBS. F. SERIAL NUMBER This License has a unique serial number attached to each Seat License (or download). It will be required for confirmation of registration upon first use of the product. The designated Administrator for your organization will be issued the Serial Numbers at the time of purchase that are assigned for each download. G. LIMITATION OF WARRANTIES AND LIABILITY ALL MATERIALS PROVIDED BY eBS, INCLUDING BUT NOT LIMITED TO THE PRODUCT, ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. FURTHER, eBS DOES NOT WARRANT THAT ANY SUCH MATERIALS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF SUCH MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF SUCH MATERIALS. IF ANY SUCH MATERIALS ARE DEFECTIVE YOU, AND NOT eBS OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE RISK OF SUCH DEFECT(S), AND THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. WITHOUT LIMITING THE ABOVE, THERE IS NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, MADE BY eBS, ON ANY MATERIALS PROVIDED BY eBS, INCLUDING BUT NOT LIMITED TO THIS PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY eBS, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASES THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. YOU MAY HAVE OTHER RIGHTS, WHICH VARY, FROM STATE TO STATE. NEITHER eBS, ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF ANY MATERIALS PROVIDED BY eBS, INCLUDING BUT NOT LIMITED TO THIS PRODUCT, SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE SUCH MATERIALS, EVEN IF eBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. H. GENERAL This License is the entire agreement between your organization and eBS,
superseding any other agreement or discussions, oral or written, and may
not be changed except by a signed agreement. This License shall be governed
by and construed in accordance with the laws of the State of Georgia,
excluding that body of law applicable to choice of law and excluding the
United Nations Convention on Contracts for the International Sale of Goods
and any legislation implementing such Convention, if otherwise applicable.
If any provision of this License is declared by a Court of competent jurisdiction
to be invalid, illegal, or unenforceable, such a provision shall be severed
from the License and the other provisions shall remain in full force and
effect. Exclusive jurisdiction and venue for all matters relating to this
License shall be in courts located in the State of Georgia, and you consent
to such jurisdiction and venue. There are no third party beneficiaries
of any promises or obligations of eBS herein. Any waiver by us of any
violation of this License by you shall not constitute, nor contribute
to, a waiver by us of any other or future violation of the same provision,
or any other provision, of this License. The parties acknowledge and agree
that no third party (including but not limited to your customers, clients
or licensees) shall have any rights, either against us or our suppliers,
as a third party beneficiary of any rights, licenses, products or services
granted or provided by us to you hereunder.
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