END USER LICENSE AGREEMENT
BY USING THE TRAINING, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE TRAINING. INSTEAD, RETURN IT FOR A REFUND OR CREDIT.
By purchasing a license to use The Coaching Workshop for Christian Leaders (“The Coaching Workshop”), the user accepts and agrees to abide by the following terms and conditions in connection with the use of The Coaching Workshop. This End User License Agreement (the “Agreement”) is made and entered into effective as of the date of purchase by and between you (the “Licensee”) and Active Results LLC, its affiliates, representatives, successors and permitted assigns (collectively referred to as the “Licensor”), a Washington company located at 232 174th PL NE, Bellevue, WA, 98008, United States of America.
WHEREAS, Licensor owns The Coaching Workshop training material and all collateral materials that accompany it (collectively “The Coaching Workshop”) and retains full and complete title to The Coaching Workshop and all updates and subsequent copies of The Coaching Workshop regardless of the media or form in which the copies may exist, including copies made in violation of the terms of this License.
WHEREAS, The Coaching Workshop is protected by the International Copyright and intellectual property laws.
WHEREAS, Licensor desires to grant Licensee a license to use The Coaching Workshop as specified in this Agreement.
WHEREAS, Licensee wishes to use The Coaching Workshop under the conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, Licensee and Licensor hereby agree as follows:
Licensor hereby grants to Licensee a non-exclusive, non-assignable, non-transferable, and revocable license to use The Coaching Workshop to train its employees, customers and clients in the subject matter of The Coaching Workshop. The foregoing includes the right to teach the subject matter of The Coaching Workshop (“Training”) and to use The Coaching Workshop materials in connection with providing such training to customers and clients but it does not include the right to authorize persons to reproduce or use The Coaching Workshop. Without limiting the generality of the foregoing, Licensee agrees to the following:
a. Licensor owns all right, title and interest in all elements and all forms of embodiment of The Coaching Workshop including without limitation the design, software, copyright and trademark of The Coaching Workshop and The COACH Model®.
b. The Coaching Workshop will not be re-sold, lent, rented, assigned or transferred to any party in any form nor used to produce any other commercial product either for sale, lease, rent or to give away.
c. The Coaching Workshop may not be duplicated for any purpose other than for archiving. The Licensee is entitled to allow persons who attend The Coaching Workshop training sessions to retain only copies of the printed participant manual and will ensure that electronic versions of the materials are not distributed to or retained by participants.
d. Licensee agrees to purchase training materials for each participant from the Licensor at the prevailing price and to not provide training without such materials.
e. The Coaching Workshop will not be made available over the Internet.
f. The Coaching Workshop will be used only in live, face to face or telephonic instructor-led situations and will not be used to provide any form of distance learning other than live voice-to-voice training. The Licensee may not make The Coaching Workshop available to people who have not attended a live, instructor-led training course.
g. The Licensee will not use The Coaching Workshop to produce derivative works.
h. The Licensee will, if questioned, acknowledge the true copyright holder and supply a copy of this Agreement ensure that participants do not violate the copyright.
i. The COACH Model® may not be modified or duplicated. The following trademark and copyright statement must accompany each use of The COACH Model® diagram: The COACH Model® is a trademark of Keith E. Webb. Copyright © 2004 Keith E. Webb www.keithwebb.com
2. TRANSFER OF RIGHTS.
Licensee may not transfer any rights granted under this license to any third party.
This License is effective for the period of one year from the date of purchase with automatic successive one-year renewal terms. Licensor may terminate this Agreement and all rights and licenses granted hereby:
a. immediately on written notice in the event of transfer or use of The Coaching Workshop in violation of this Agreement,
b. if Licensee fails to comply with any material provision of this Agreement and does not correct such failure within thirty days of written notice of such failure.
c. upon the terms and conditions set out in any other agreement between the parties or pursuant to which Licensee has been granted rights to use The Coaching Workshop.
Upon termination the Licensee has no further right to The Coaching Workshop, shall cease to use any portion of The Coaching Workshop for any purpose and must return it to Licensor, or provide Licensor with evidence that The Coaching Workshop has been destroyed.
This Agreement is binding upon, and shall inure to the benefit of the parties themselves. Licensee may not transfer or assign its rights or obligations under this Agreement to any person without the prior written consent of Licensor.
4. ACCURACY OF INFORMATION.
While Licensor tries to ensure this information in The Coaching Workshop is current and accurate, it offers no warranty that the information is error free. Licensee agrees that Licensor will not be liable for any claims or damages arising from any errors or inaccuracies in The Coaching Workshop and the documents used in connection with it.
5. HIGH RISK ACTIVITIES.
The Coaching Workshop is not designed to recommend specific business direction or actions. Financial, business, strategic decisions and business recommendations and procedures outlines in The Coaching Workshop are based upon sound principle, countless hours of research, writing, editing, and classroom training, but should be in no way taken as professional business advice. These materials are strictly reference material and make no implied or actual recommendations on how to run a business or enter into any financial or legal agreement that may result in the loss of business or income.
Accordingly, without limiting the applicability of certain sections of this Agreement, Licensor specifically disclaims any express or implied warranty of merchantability or fitness for a particular purpose. Licensee agrees that Licensor will not be liable for any claims or damages arising from the use of The Coaching Workshop in any context.
6. LIMITED WARRANTY.
Licensor warrants to the Licensee that, for a period of ninety days from the date that The Coaching Workshop is purchased that the materials supplied will be free from defects and that, if installed and used in accordance with Licensor's express instructions, The Coaching Workshop will substantially perform those functions described in Licensor’s documentation. Licensor does not, however, warrant that your use of The Coaching Workshop will be error free, virus free or secure.
If Licensee makes any valid claim of defect during the ninety-day period, Licensor will provide a replacement. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so limitations may not apply to Licensee. Other than the specific warranties provided above, The Coaching Workshop and accompanying materials are provided as is without warranty of any kind, either express or implied.
Licensor does not represent or warrant that The Coaching Workshop will meet your requirements or that the operation of The Coaching Workshop will be continuous or error free, virus free or that any defects are correctable.
The foregoing warranties are in lieu of all other warranties, express or implied, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose. No oral or written information or advice given by Licensor, its distributors, agents or employees shall create a warranty that in any way increases the scope of this limited warranty. This limited warranty gives you specified legal rights, and you may have other legal rights that vary from jurisdiction to jurisdiction.
7. LIMITED LIABILITY.
Licensee is responsible for the selection and use of and results obtained from The Coaching Workshop. Unless otherwise required by applicable law, Licensor shall not be liable for any indirect, special, exemplary, incidental or consequential damages or any damages resulting from the use of The Coaching Workshop however caused including, without limitation, damages for personal loss or damage, loss of business profits, business interruption, loss of business information or other pecuniary loss, lost data, loss of computer time, failure to realize expected savings, and any other commercial or economic loss of any kind and arising in consequence of The Coaching Workshop’s performance, failure to perform, or other breach under this Agreement, irrespective of whether Licensor has advance notice of the possibility of such damages. Licensor's total liability including, but not limited to, any possible liability for indemnity, defense and hold harmless obligations shall not exceed the total amount paid to Licensor under this agreement.
8. ALLOCATION OF RISK.
Licensee agrees that the above warranties and limitations of liability reflect the allocation of risk among the parties and the price of The Coaching Workshop.
Licensee agrees to indemnify, defend and hold harmless Licensor from and against any claim in excess of the limitation set forth in this Agreement, and this limitation shall apply even in the event of breach of contract, active or passive negligence, or otherwise of Licensor, or any claim of failure of essential purpose.
Any controversy in relation to this Agreement or arising hereunder shall be governed by and interpreted in accordance with the laws of the state of Washington, United States of America without regard to conflict of laws principles. The parties to this Agreement agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply and its application is expressly excluded.
This Agreement is considered to contain all such standard copyright and other protections as are commonly known in the trade and that violation of copyright law and/or international treaty provisions may result in both civil and criminal penalties.
No waiver or modification of any of the terms of this Agreement shall be valid unless made in writing and signed by Licensor. Should any provision of this Agreement be found by a court of competent jurisdiction to be illegal, void or otherwise unenforceable such provision shall be severed from the rest of this Agreement and the rest of this Agreement shall remain in full force and effect, and be binding upon Licensee and Licensor as though the said provision or provisions had never been included. This Article and Articles 4-13 shall survive the termination of this Agreement for any reason. Should you have any questions concerning this Agreement you may contact Licensor by writing to:
Active Results LLC
232 174th PL NE
Bellevue, WA 98008
United States of America
11. FORCE MAJEURE.
Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, and changes in law, regulation or government policy, riots, war, fire, epidemics, transportation difficulties or other occurrences which are beyond either party's reasonable control.
12. ENTIRE AGREEMENT.
This Agreement is entered into with the understanding that it embodies the entire agreement between the parties pertaining to the subject matter of this Agreement and there are no representations, warranties or other commitments pertaining to the subject matter of this Agreement that are not embodied in this Agreement in its entirety. If any terms or conditions of a purchase order conflict with those of this Agreement, then those terms and conditions in this Agreement shall supersede those in the purchase order.
The headings for each Section are stated for convenience only and are not to be construed as limiting.