For New Jersey Physicians Advisory Group Lesson Products, including hard copy, downloads, and modules
1. Under this End User License Agreement (the “Agreement”), New Jersey Physicians Advisory Group (the “Vendor”) grants to the user (the “Licensee”) a non-exclusive and non-transferable license (the “License”) to use our Products (the “Product”).
2. “Product” includes the DVD or electronic version of the Sex Is Not a Game video; printed or electronic lessons of the YES You Can! suite of lessons; printed or electronic versions of the YES You Can! Modules; printed or electronic versions of our Educational Products and any related printed, electronic and online documentation and any other files that may accompany the Products.
3. Title, copyright, intellectual property rights and distribution rights of the Product remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Product. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Product.
4. This Agreement grants a single user license to the Licensee. When schools/organizations purchase the Product, additional licenses are necessary for additional copies. In the case of multiple Product purchases, the single user license applies to each of the Products purchased.
5. The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Product for use by one or more third parties.
6. The Product may not be modified, reverse-engineered, or reproduced in any manner through current or future available technologies.
7. Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.
8. The original purchase price paid by the Licensee for the Product will constitute the entire license fee and is the full consideration for this Agreement.
Limitation of Liability
9. The Product is provided by the Vendor and accepted by the Licensee “as is”. Liability of the Vendor will be limited to a maximum of the original purchase price of the Product. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Product.
10. The Vendor makes no warranty expressed or implied regarding the fitness of the Product for a particular purpose or that the Product will be suitable or appropriate for the specific requirements of the Licensee.
Warrants and Representations
11. The Vendor warrants and represents that it is the copyright holder of the Product. The Vendor warrants and represents that granting the license to use this Product is not in violation of any other agreement, copyright or applicable statute.
12. All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee (“Acceptance”) on purchase of the Product from the Vendor.
13. The term of this Agreement will begin on Acceptance and is perpetual.
14. This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Product or return the Product to the Vendor.
15. The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.
16. The Parties to this Agreement submit to the jurisdiction of the courts of the State of New Jersey for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of New Jersey.
17. This Agreement can only be modified in writing signed by both the Vendor and the Licensee.
18. This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.
19. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
20. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
21. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
22. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor’s successors and assigns.
23. All notices to the Vendor under this Agreement are to be provided at the following address:
New Jersey Physicians Advisory Group
PO Box 352
Fanwood, NJ 07023
By clicking the “I Agree” button, you are agreeing to be bound by the terms and conditions of this Agreement and may purchase the Product(s).