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WebChoir
TCS-10 Single User
Download Agreement
By downloading WebChoir TCS-10, you agree to the
following terms and conditions:
No part of this software program may be
reproduced, stored in a retrieval system, or
transmitted, in any form or by any means,
electronic, mechanical, photocopying, recording,
or otherwise, without prior written permission
of the publisher. TCS-10 is protected by both
United States Copyright Law and International
Treaty provisions. Therefore you must treat our
software just like a book. By saying, "just like
a book", WebChoir means for example that this
software may be used by any number of people and
may be freely moved from one computer location
to another so long as there is NO Possibility of
it being used at one location while it is being
used at another.
WEBCHOIR SPECIFICALLY DISCLAIMS ANY OTHER
WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT
NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO
DEFECTS IN THE DISKETTE AND DOCUMENTATION, AND
THE PROGRAM LICENSE GRANTED HEREIN. IN
PARTICULAR, AND WITHOUT LIMITING OPERATION OF
THE PROGRAM LICENSE WITH RESPECT TO ANY
PARTICULAR APPLICATION, USE, OR PURPOSE. IN NO
EVENT SHALL WEBCHOIR BE LIABLE FOR ANY LOSS OF
PROFIT OR ANY OTHER COMMERCIAL DAMAGE, INCLUDING
BUT NOT LIMITED TO, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR OTHER DAMAGES. IN PARTICULAR,
THERE IS NO WARRANTY FOR VIRUS SCANNING,
WEBCHOIR RELIES ON EXTERNAL PROGRAMS THAT CLAIM
TO PERFORM THIS FUNCTION.
This Statement shall be construed, interpreted
and governed by the laws of the state of
California. Except as to claims of copyright,
patent, trademark, intellectual property or
trade secrets protection (all of which may be
filed in any court of competent jurisdiction),
any dispute, claim or controversy ("Claim") by
or between you and WebChoir arising out of or
related to this License Agreement shall, upon
election by either you or WebChoir, be resolved
by binding arbitration. Arbitration shall take
place before a single arbitrator on an
individual basis without resort to any form of
class action. Arbitration shall take place at,
and be conducted in Los Angeles, California at
and in accordance with the rules of,
J.A.M.S./Endispute ("JAMS"). If JAMS is unable
or unwilling to serve as the provider of
arbitration, any other national arbitration
organization with offices in Los Angeles,
California may be substituted. This arbitration
section of this License Agreement is governed by
the Federal Arbitration Act. YOU UNDERSTAND THAT
IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM,
THAT ELECTION PRECLUDES YOU AND WEBCHOIR FROM
HAVING A RIGHT OR OPPORTUNITY TO LITIGATE CLAIMS
THROUGH COURT, OR TO PARTICIPATE OR BE
REPRESENTED IN LITIGATION FILED IN COURT BY
OTHERS. EXCEPT AS OTHERWISE SPECIFIED ABOVE, ALL
CLAIMS MUST BE RESOLVED THROUGH ARBITRATION IF
YOU OR WEBCHOIR ELECT TO ARBITRATE.
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