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BUSINESS MANAGEMENT CLUB
THE END-USER LICENSE AGREEEMENT
Please Read The End-User License Agreement Outlined Below. |
NOTICE TO ALL USERS:
PLEASE READ THIS CONTRACT CAREFULLY. BY USING ANY PART OF THE BUSINESS 2100 MANAGEMENT PROGRAM ONLINE AND BY PLACING YOUR PURCHASE ORDER FOR DOWNLOADING ANY OF THE SOFTWARE PRODUCTS OFFERED BY BUSINESS MANAGEMENT CLUB, INC. YOU HEREBY CERTIFY THAT YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) HAVE READ AND ACCEPTED ALL PROVISIONS OF THIS END-USER LICENSE AGREEMENT.
WE OFFER APPROXIMATELY 25 PERCENT OF THE BUSINESS 2100 MANAGEMENT PROGRAM FREE OF CHARGE FOR YOUR UNLIMITED USE TO ENABLE YOU TO MAKE A PRUDENT DECISION PRIOR TO PURCHASING ANY INDIVIDUAL TUTORIAL OR THE ENTIRE PROGRAM. SINCE YOUR PURCHASE ORDER WILL BE FULFILLED ONLINE, YOU WILL BE ABLE TO DOWNLOAD THE PURCHASED SOFTWARE DIRECTLY TO YOUR COMPUTER, AND WE WILL NOT BE ABLE TO RETRIEVE IT BACK, EACH PURCHASE ORDER IS FINAL AND THERE IS NO PROVISION FOR A REFUND.
WE ALSO OFFER YOU PRODUCTS AND SERVICES, PROVIDED BY OUR PARTNERS AND AFFILIATES. IF YOU DECIDE TO PURCHASE ANY OF THESE PRODUCTS OR SERVICES, THE PURCHASING PROCEDURES, INCLUDING THE RETURN OF PRODUCTS AND REFUND POLICY, WILL BE SUBJECT TO ALL PROVISIONS, SPECIFIIED BY RELEVANT PRODUCT OR SERVICE PROVIDERS.
IF YOU DON’T ACCEPT THE CONDITIONS OF THIS AGREEMENT IN PART OR IN FULL FOR ANY REASON WHATSOEVER, PLEASE REFRAIN FROM MAKING A PURCHASE.
THIS END-USER LICENSE AGRREMENT INCLUDES THE FOLLOWING:
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1. DEFINITIONS |
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1.1 “BMC” shall mean Business Management Club, Inc., at 1223 Wilshire Blvd., #172, Santa Monica, CA 90403, USA and its main website is www.BestBusinessInfo.com.
1.2 “Agreement” shall mean this End-User License Agreement between you (either an individual or a single entity) and BMC.
1.3. "Software" shall mean:
1.3.1 All of the contents of files, downloaded via Internet, disk(s), CD-ROM(s) or other media, including electronic media, with which this Agreement is provided, or such contents as provided by BMC, or its distributors, resellers, or other business partners, collectively termed "Authorized Partner(s)";
1.3.2 All related explanatory materials in printed, electronic, or online form collectively termed "Documentation";
1.4 “Software Updates” shall mean all Software upgrades, modified or subsequent versions and updates, developed and provided to you by BMC.
1.5 "Use" or "Using" shall mean to access, install, download, copy, or otherwise benefit from using the Software and Software Updates.
1.6 "Permitted Number" shall mean one (1), unless otherwise indicated under a valid license, e.g., volume license, granted by BMC or an Authorized Partner.
1.7 "Computer" shall mean a device that accepts Software and Software Updates and manipulates this information for a specific result based upon a sequence of instructions.
1.8 “Services” shall mean any services provided to you (either an individual or a single entity) by BMC and Authorized Partners.
1.9 “Membership” shall mean your annual membership in BMC, which will entitle you to all benefits and discounts offered by BMC. All new members are entitled to a one year Membership free of charge. After the first year your Membership will continue to be free of charge if you are a part-time or a full-time student at any college or university, and will remain free of charge for as long as you are a student. Your Membership will be subject to annual Membership fee after the first year, if you are a business owner, professional manager, CPA, or management consultant, with the following exceptions:
1.9.1 Your Membership will be free of charge for each year after the first year, during which you have created at least five new job positions within your company. In addition, you will also receive one free Annual Management Evaluation from BMC at the end of each year of Membership, whereby such new job positions have been created. This is designed to promote job growth in the U.S. and overseas.
1.9.2 Your Membership will remain free of charge for at least ten years, if you are a small business owner in any of the following countries – Israel, Egypt, Jordan, Palestinian Territories, and Lebanon. This is designed to promote economic development and peaceful co-existence in the Middle East by providing maximum assistance to small business owners. |
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2. LICENSE GRANT |
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Subject to the terms and conditions of this Agreement, including the payment of the applicable fees, BMC hereby grants you a non-exclusive, non-transferable license to Use the Software and Software Updates on a computer/s owned or controlled by you for your own personal, non-commercial use, subject to any restrictions or Usage terms related to Software and Software Updates, as specified in the applicable Documentation. Some third party materials included in the Software may be subject to other terms and conditions, which are typically found in either a "Read Me" file or an "About" file in the Software. |
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3. TERM OF THIS AGREEMENT |
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Unless specified to the contrary, the Software, purchased by you, is available for Use for an unlimited period, subject to all provisions of this Agreement. You may also agree to permit BMC to automatically renew your Membership by charging a valid credit card number, which you will have to provide to BMC in advance. In this case your Membership will be automatically renewed thirty (30) days prior to the expiration of the term and each anniversary thereafter for a fee no greater than BMC´s then-current annual Membership fee. You must provide current, complete, and accurate information for your billing account. You must also promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify BMC if your credit card is canceled in case of loss or theft. If you decide not to renew your Membership, you must inform us about this by e-mail within thirty 30 days prior to the Membership expiration date. The e-mail contact is: BMC@BestBusinessInfo.com. |
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4. SOFTWARE UPDATES |
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This license is limited to the most updated version of the Software, which you have purchased from BMC at any given time. Any further Software Updates will be available to you free of charge, provided your Membership remains in good standing, and the Membership fee, if applicable, is paid in a timely manner. |
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5.OWNERSHIP RIGHTS |
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The Software and Software Updates are protected by United States’ and other countries’ copyright laws, international treaty provisions and other applicable laws in the country in which it is being used. BMC and the author own and retain all right, title and interest in and to the Software and Software Updates, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or Use of the Software and Software Updates does not transfer to you any title to the intellectual property in the Software and Software Updates, and you will not acquire any rights to the Software and Software Updates, except as expressly set forth in this Agreement. |
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6. MULTIPLE ENVIRONMENT SOFTWARE/MULTIPLE LANGUAGE/SOFTWARE/MULTIPLE MEDIA/MULTIPLE COPIES/SOFTWARE UPDATES |
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If the Software and Software Updates supports multiple platforms, or is presented in multiple languages, or is received in multiple media, or is received in multiple copies, the total number of your Computers, on which all versions of the Software are installed, may not exceed the Permitted Number. |
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7. RESTRICTIONS |
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You may not sell, lease, license, rent, loan, resell or otherwise transfer, with or without consideration, the Software and Software Updates. You may not reverse engineer, decompile, or disassemble the Software and Software Updates, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon the Software and Software Updates in whole or in part. You may not copy the Software and Software Updates, or Documentation, except as expressly permitted in Section 1 above. You may not permit third parties to benefit from the use or functionality of the Software and Software Updates via a timesharing, service bureau or other arrangement. You may not remove any proprietary notices or labels on the Software and Software Updates. All rights not expressly set forth hereunder are reserved by BMC. You may not back up electronic/digital content for which you do not have sufficient legal rights to the content being backed up. |
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8. WARRANTY AND DISCLAIMER |
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8.1 Limited Manufacturer’s Warranty
BMC warrants that for one year from the date of original purchase the Software will operate substantially in accordance with the Documentation and that the media on which the Software is contained and provided to you will be free from defects.
8.2 Customer Remedies
BMC´s and its suppliers' entire liability and your exclusive remedy for any breach of the foregoing warranty shall be replacement of the defective media in which the Software is contained. This limited warranty is void if the defect has resulted from accident, abuse, or misapplication. Any replacement media will be warranted for the remainder of the original warranty period. Outside the United States, this remedy is available to the extent BMC is subject to restrictions under United States export control laws and regulations.
8.3 Warranty Disclaimer
Except for the limited warranty set forth herein, THE SOFTWARE IS PROVIDED "AS IS" AND BMC MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, BMC, ITS SUPPLIERS, AND AUTHORIZED PARTNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, BMC MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. |
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9. LIMITATION OF LIABILITY |
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL BMC, OR ITS AUTHORIZED PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR LOSS OF PROFITS, LOSS OF GOODWILL, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR GROSS NEGLIGENCE OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY OTHER DAMAGE OR LOSS. IN NO EVENT SHALL BMC, OR ITS AUTHORIZED PARTNERS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE PRICE PAID FOR THE SOFTWARE, IF ANY, EVEN IF BMC, OR ITS AUTHORIZED PARTNERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This limitation shall not apply to liability for death or personal injury to the extent that applicable law prohibits such limitation. Furthermore, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you. Nothing contained in this Agreement limits BMC´s liability to you for BMC´s gross negligence or for the tort of fraud. BMC is acting on behalf of its suppliers and Authorized Partners for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law. |
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10. NOTICE TO UNITED STATES GOVERNMENT END-USERS |
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The Software and accompanying Documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software, Software Updates, and accompanying Documentation by the United States Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement. |
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11. EXPORT CONTROLS |
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You acknowledge that the Software is subject to the export control laws and regulations of the Unites State of America ("US"), and any amendments thereof. You shall not export or re-export the Software, directly or indirectly, to:
1. Any countries that are subject to US export restrictions (currently including, but not necessarily limited to, Cuba, Iran, Libya, North Korea, Sudan, and Syria);
2. Any end-user known, or having reason to be known, will utilize them in the design, development or production of nuclear, chemical or biological weapons; or
3. Any end-user who has been prohibited from participating in the US export transactions by any federal agency of the US government. You further acknowledge that Software may include technical data subject to export and re-export restrictions imposed by US law. |
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12. GOVERNING LAW |
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This Agreement will be governed by and construed in accordance with the substantive laws in force in the State of California, USA. This Agreement will not be governed by the conflict of laws rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. |
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13. PRIVACY |
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By entering into this Agreement, you agree that BMC may collect, retain and use your personal information, including your name, address, e-mail address, and payment details. Your personal information will be used primarily to provide services and product functionality to you. BMC may also use your personal information for additional communication with you, subject to your decision to accept such communication from BMC and subject to applicable laws. BMC may engage other companies and individuals ("sub-contractors") to perform functions on its behalf, such as payment processing, order fulfillment, marketing programs and customer service. BMC may share your information with such sub-contractors in order to perform these and other functions, but such sub-contractors may not use your personal information for other purposes, unless you agree. By entering into this Agreement, you agree to the transfer of your personal information to BMC´s offices in the United States, for the purposes stated above. For more detailed information on the collection, use and transfer of your personal information, and for information on how to opt out of or unsubscribe from the communications described above, please read the Privacy Policy. |
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14. MISCELLANEOUS |
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This Agreement constitutes the entire agreement of the parties and revokes and supersedes all prior agreements, oral or written, between them and may not be modified or amended except in a writing signed by both parties hereto that specifically refers to this Agreement. This Agreement shall take precedence over any other documents that may be in conflict herewith. If any one or more provisions contained in this Agreement are held by any court or tribunal to be invalid, illegal, or otherwise unenforceable, each and every other provision shall remain in full force and effect. |
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15. CONTACT US |
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If you have any questions concerning these terms and conditions, or if you would like to contact BMC for any other reason, please e-mail us at BMC@BestBusinessInfo.com, or write: Business Management Club, Inc, 1223 Wilshire Blvd. #172, Santa Monica, CA 90403, USA. |
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LESSON FOR TODAY:
An Agreement Is Only As Good As People Who Stand Behind It! |
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