High Performance Team Building
To purchase the PT Consulting Partner's Communication Styles Presentation and Trainee Handout, you must agree to the provisions of this License Agreement.
License Agreement - Communications Styles Presentation and Trainee Handout
As used in this Agreement, "PTCP Materials" refers to the PT Consulting Partner's 1) Communications Styles Presentation (38 pages in Microsoft PowerPoint), 2) Communication Styles Trainee Handout (60 pages in Microsoft Word), 3) Facilitators Notes (28 pages in Microsoft Word), and 4) Readme file containing directions for preparing the presentation and other materials for use. "Licensor" is defined as PT Consulting Partners, 4600 Keyes Lane, Cross Roads, Texas 76227-2553. "Licensee" is defined as a single trainer or consultant who wishes to use the PTC Materials to conduct a High Performance Team Building experience.
LICENSE GRANT. Subject to the provisions contained herein and payment of applicable fees, licensor hereby grants licensee a non-exclusive license to use the PTCP Materials for which he or she has paid the licensor. Licensee may duplicate the PTCP Materials via electronic media for archival purposes, provided such copy contains all of the original proprietary notices. In addition, licensee may make overhead transparencies of the Communications styles Presentation, as necessary, for use during a High Performance Team Building experience, and may make hard copies of the Trainee Handout, as necessary, for distribution to trainees.
LIMITED WARRANTY. Licensor warrants that the computer files and/or media containing the PTCP Materials provided by the Licensor are free from defects and will remain so for ninety (90) days from the date of acquisition of the PTCP Materials. Licensor's sole responsibility for any breach of this warranty shall be, in Licensor's sole discretion:
Only if licensee informs the Licensor in writing of licensee's problem with the PTCP Materials during the applicable warrantee period and provides evidence of the date he or she purchased a license to the PTCP Materials will the Licensor be obligated to honor this warranty. Licensor will have 30 days to make repair the problem as described in Limited Warranty above. To initiate remedy under this Agreement, licensee should direct an email to firstname.lastname@example.org.
If any modifications are made to the PTCP Materials by licensee during the warranty period; if the media is subject to accident, abuse, or improper use; or if licensee violates the terms of this Agreement, then this warranty shall immediately terminate.
THIS IS A LIMITED WARRANTY, AND IT IS THE ONLY WARRANTY MADE BY LICENSOR. LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS. LICENSEE MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTY, IF ANY, SHALL BE LIMITED TO THE ABOVE WARRANTY PERIOD. MOREOVER, IN NO EVENT WILL THE WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT, OR EMPLOYEE OF LICENSOR IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY.
LIMITATIONS. Licensee may not:
TITLE. Title, ownership rights, and intellectual property rights in PTCP Materials shall remain with the Licensor. The PTCP Materials are protected by copyright and other intellectual property laws and by international treaties.
TERMINATION. This Agreement will terminate automatically if licensee fails to comply with the limitations described herein. Upon termination, licensee must destroy all copies of PTCP Materials. Licensee's obligations to pay accrued charges and fees shall survive any termination of this Agreement.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, OR CONTRACT, OR OTHERWISE, SHALL THE LICENSOR BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE, OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT LICENSOR RECEIVED FROM LICENSEE FOR A LICENSE FOR THE PTCP MATERIAL, EVEN IF THE LICENSOR SHALL OR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO LICENSEE.
MISCELLANEOUS. This agreement represents the complete agreement concerning the license granted hereunder and may be amended only by writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of the Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This agreement shall be governed by Texas law.
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