NOTICE: PLEASE READ THIS AGREEMENT CAREFULLY. This is a legal agreement between you (AS “CLIENT” HEREINBELOW, either an individual or an entity) and national Institute For Women in Trades, Technology & Science AND ITS Subsidiaries, affiliates, SUPPLIERS AND LICENSORS (ALL HEREIN, “COMPANY”). BY ACCESSING OR OTHERWISE USING ALL OR ANY PORTION OF the product downloaded here, you agree that this agreement is enforceable like any written, SIGNED, negotiated agreement.

1) ACCESS. Subject to the terms and conditions of this Agreement, Company grants Client a license to access and download the Product, subject always to the terms and conditions of this Agreement. This limited, non-exclusive license may be downloaded once, for use only as indicated herein. Client may neither sublicense the Product nor utilize it to provide services to any third parties or utilize it as a “service bureau ”(loaning out the kit to others) without the express written permission of Company.

1. When you purchase this template it is governed by a royalty-free license. Under this license, you have a perpetual right to use the template multiple times for multiple projects without incurring additional fees. The rights granted to you are non-exclusive, non-transferable and personal to you. However, when you customize a template, you may transfer the resulting derivative work to your printer, who may make edits to the files but may not use them to create new projects. Specifically, under this license, you are not allowed to display the templates on a website or an intranet, whether or not for sale or download.
2. Restrictions. Company and its suppliers and licensors retain all rights not expressly granted. Client must treat the Product like any other copyrighted material. For example, but not by way of limitation, Client may not copy any portion of the Product, nor may Client causes or permits a third party to, resell, transfer, alter, translate, adapt, modify, translate, reverse engineer, decompile, create derivative works of, disassemble, or allow third-party access to the Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Doing or encouraging the above or any other breach of this Agreement may constitute copyright or intellectual property infringement. Nothing in this Section shall be deemed to limit any legal or equitable rights available to Company for violation of this Agreement.

2) LICENSE FEES AND PAYMENT.

1. Upon payment of the requisite download/license fees, Company will distribute the Product to Client via download.

3) MISCELLANEOUS

1. No agency, partnership, or joint venture is created hereby. The provisions of this Agreement are severable; if a court of competent jurisdiction determines as a part of a final non-appealable judgment that any provision of this Agreement is invalid, illegal, or otherwise unenforceable, the provision will be limited to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
2. Both parties agree that this Agreement (made up of these terms, and the terms found in the Cover Sheet) is the complete and exclusive statement of their mutual understanding and supersedes and cancels all previous written and oral agreements, advertisements, proposals, communications, including any terms in Client’s purchase order or similar document even if signed by the parties after the date hereof. No change or modification of this license will be valid unless it is in writing and is signed by both parties in ink. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. The English version of this Agreement shall be the version used when interpreting or construing this Agreement; particularly, if Client acquired this Product in Canada, Client agrees to the following: The parties to this Agreement have expressly required that the Agreement be drawn up in the English language/Les parties aux presentes ont expressement exige que la presente convention soient redigees en langue anglaise. This Agreement will continue in effect so long as its terms are adhered to.
3. This Agreement and the performance of the parties are governed by the internal substantive laws of the State of California (and not by the 1980 United Nations Convention on Contracts for the International Sale of Goods, as amended). The parties consent to the exclusive jurisdiction of, and venue in, the state and federal courts in San Francisco, California and agree that process may be served by mail upon them. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover reasonable fees and costs (including attorneys’ fees).
4. The export and re-export of the Products are controlled by the U.S. Export Administration Regulations, and such products may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any country to which the U.S. embargoes goods. In addition, the Products may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. By downloading the Product, you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any country to which the U.S. embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
5. This Agreement will be fairly interpreted according to its terms, without strict construction against either party. Any headings shall be of no legal consequence. Company reserves the right to change this Agreement, prices, information and available contractual license terms featured on this website without notice. Company will provide notice of material changes to this Agreement on the home page of this website. Your continued use of this website, or any services or materials accessible through it, after such notice has been posted constitutes your acceptance of the changes.

4) LIMITATION OF LIABILITIES

1. The products are provided “AS IS”. COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF ITS products WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, Any and all representations, guarantees, And/or EXPRESS OR implied warranties with respect thereto, including but not limited to implied warranties of merchantability, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, fitness for a particular purpose, AND THOSE ARISING FROM COURSE OF DEALING OR PERFORMANCE, are EXPRESSLY DISCLAIMED. COMPANY AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS CLIENT MAY OBTAIN FROM THE PRODUCTS. DEPENDING UPON WHERE CLIENT IS LOCATED, CLIENT MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. NO ADVERTISING DESCRIPTION OR REPRESENTATION, WHETHER MADE BY A DEALER, DISTRIBUTOR, LICENSOR, AGENT OR EMPLOYEE, SHALL BE BINDING UPON COMPANY OR SHALL CHANGE THE TERMS OF THIS AGREEMENT. CLIENT assumes responsibility for determining the suitability of the PRODUCTS PROVIDED HEREUNDER FOR ITS NEEDS.
2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND its suppliers and licensors SHALL NOT be liable for any indirect, MORAL, special, incidental, economic, cover, consequential, EXEMPLARY OR PUNITIVE damages, WHETHER FORESEEABLE OR NOT, INCLUDING BUT NOT LIMITED TO: THOSE arising out of ACCESS TO or inability to ACCESS the PRODUCTS; BUSINESS INTERRUPTION; damages or costs relating to the loss of: profits OR REVENUES, business OR BUSINESS OPPORTUNITIES, goodwill, data (INCLUDING LOSS OF USE OR OF DATA, LOSS OR INACCURACY OR CORRUPTION OF DATA), time or computer programs; PRODUCTS LIABILITY; OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, even if advised of the possibility of such damages AND EVEN IN THE EVENT OF THE FAILURE OF ANY EXCLUSIVE REMEDY. NOTWITHSTANDING THE FOREGOING, In no event will COMPANY’S AND its suppliers’ and licensors’ liability exceed the amount paid by CLIENT for the PRODUCTS WHICH DIRECTLY GAVE RISE TO THE DAMAGES, regardless of the form of the claim (including, without limitation, any contract, product liability, or tort claim (INCLUDING NEGLIGENCE), STATUTORY OR OTHERWISE). Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to EACH CLIENT, BUT IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. Nothing contained in this Agreement limits Company’s liability in the event of death or personal injury resulting from Company’s gross negligence or for the tort of deceit (fraud). Company is acting on behalf of its suppliers 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.