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READ THIS BEFORE CLICKING “I ACCEPT.” THIS WORKBOOK END-USER LICENSE AGREEMENT IS A CONTRACT.
If you have not purchased a legitimate copy of My Mental Playbook (the “Workbook”) from an authorized download site, you have no rights under this Workbook End-User License Agreement and must either remove the Workbook from your computer and/or devices or purchase a legitimate copy from www.mymentalplaybook.com or other authorized download site.
Please read this Workbook End-User License Agreement before clicking “I ACCEPT” and using the Workbook content. Clicking “I ACCEPT” means you accept these terms and conditions and understand that they will be legally binding on you, the owner of the computer or device you are using to download the Workbook. By using the Workbook, you agree to be bound by the terms of this Workbook End-User License Agreement. If you do not agree to the terms of this Workbook End-User License Agreement, you must discontinue use of the Workbook.
Workbook End-User License Agreement
This Workbook End-User License Agreement (“Agreement”) is made and entered into effective as of the date hereof (the “Effective Date”), by and between Leon Abravanel dba My Mental Playbook ( “Licensor”) and you ( “Licensee”), as the end-user and owner of the computer/ device you are using to download the Workbook.
WHEREAS, Licensor owns all proprietary rights in and to the Workbook, and has the exclusive right to license to others the right to access the Workbook.
THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration as forth herein, Licensor and Licensee agree as follows:
The Workbook is available exclusively online. Licensee, as an end-user, shall be granted a worldwide non-exclusive, nontransferable, limited license to download and/or access the Workbook, on a single license basis (i.e. one Workbook, one license, one end user). The Workbook contains content owned and/or properly licensed by Licensor. Licensee is licensed to use content made available in the Workbook (“Content”) solely in the regular course of personal development in relation to sports. Licensee may not copy, download, print, scrape, store, publish, transmit, retransmit, transfer, distribute, disseminate, broadcast, circulate, sell, resell or otherwise use the Content, or any portion of the Content, in any form or by any means, except (i) as expressly permitted above, (ii) with Licensor’s prior written permission, or (iii) as permitted under the fair use provision of the Copyright Act (17 U.S.C.A. § 107). Content shall not be stored or used in an archival database or other searchable database except as expressly permitted above. Except as otherwise permitted above, Licensee shall not sell, license, sublicense or distribute Content (including printouts) to third parties or use Content as a component of or as a basis for any material offered for sale, license or distribution. All right, title and interest in Content, in all languages, formats and media throughout the world, including all copyrights, are and will continue to be the exclusive property of Licensor.
The Workbook and Content are the property of Licensor and are protected by the copyright laws of the United States, and worldwide by various copyright and intellectual property laws and treaties. Licensee does not acquire ownership rights to any of the Content through the use of the Workbook. Licensee agrees to abide by any and all additional copyright notices, information, or restrictions associated with the Workbook and the Content. By accessing and/or using the Workbook or Content in any way, Licensee acknowledges the validity and enforceability of the copyright owners and agrees that Licensee will not in any way infringe, either directly or indirectly, Licensor’s copyrights in and to the Workbook or Content.
This Agreement allows Licensee to download and use the Workbook on one (1) personal computer or device. This Agreement does not allow the Workbook to exist on more than one (1) computer or device at a time.
No part of the Workbook may be reproduced in any form, except that extracts of the text, tables, charts, and images may be reproduced for personal, non-commercial use, provided that material derived from the Workbook or Content is clearly attributed to Licensor.
Licensee agrees that Licensee shall not use the Workbook except in accordance with the terms and conditions of this Agreement. Licensee acknowledges and agrees that the license granted herein is non-exclusive and that Licensor may license others to use the Workbook and the Content.
Licensee acknowledges that Licensor is the sole and exclusive owner of the Workbook, and Licensee shall do nothing inconsistent with such ownership. Licensee further agrees that Licensee will not claim ownership rights to the Workbook or the Content, or any derivative, compilation, sequel or series, or related work owned by or used by Licensor. Licensee agrees that nothing in this Agreement shall give Licensee any right, title, or interest in the Workbook or the Content other than the right to use the same in accordance with the terms of this Agreement. Licensee agrees not to make similar derivatives of the Workbook or Content. Licensee admits the validity of all copyrights for the Workbook and/or Content and all associated intellectual property registrations, and acknowledges that any and all rights that might be acquired by Licensee because of Licensee’s use of the Workbook and/or Content shall inure to the sole benefit of Licensor.
The Workbook is provided in Portable Document Format (PDF), and in other standard electronic publishing formats as may later be offered. Software to view content in these formats is available on most computing platforms, either as part of the device firmware or as downloads from the Internet, and is not included with the download and license of the Workbook.
Licensor warrants only that the downloaded file will be readable on the platform(s) stated on the download site, using recommended reader software current at the time of download. This limited warranty is limited in duration to sixty (60) days from the date of original download. This limited warranty set forth herein is exclusive and in lieu of all others, whether oral or written, express or implied. Licensor specifically disclaims all other warranties.
Under no circumstances, including negligence, shall Licensor be liable for any incidental, special, indirect or consequential damages arising out of or relating to this Agreement. In no event shall Licensor’s total liability to Licensee for all damages exceed the amount Licensee paid Licensor for the Workbook.
This Agreement is effective until earlier terminated as provided herein. Licensee may terminate this Agreement at any time by destroying all copies of the Workbook and/or Content, in all media, in Licensee’s possession or control. This Agreement will terminate immediately if Licensee fails to comply with any term or condition of this Agreement. In such event, no notice shall be required by Licensor to effect such termination. Any breach by Licensee of any terms or conditions herein shall be deemed material. Upon termination or expiration of this Agreement by operation of law or otherwise, all rights, including the right to use the Workbook, arising from this Agreement shall cease to exist. Upon termination of this Agreement, Licensee agrees immediately to destroy all copies of the Workbook and/or Content in Licensee’s possession or control, in any form or media; or to return same to Licensor at Licensee’s expense.
This Agreement shall run with the Workbook and/or Content. This Agreement is binding upon the heirs, executors, administrators, successors, assigns and other legal representatives of the parties.
At no time shall any end-user suggestion for enhancements, updates, revisions or any other modifications to the Workbook be considered the confidential information of the Licensee or end-user. All end-user suggestions or enhancement requests from any end-user of the Workbook automatically become the sole property of Licensor, without attribution or compensation of any sort to the Licensee or end-user. Licensee agrees that all copyright, patent, trade secret and other intellectual property or ownership rights to such suggestions or enhancements, are hereby assigned to Licensor and shall remain the sole property of Licensor, in perpetuity.
Licensee shall fully indemnify, defend, and hold harmless Licensor from and against any and all claims, losses, damages, expenses, and liability, including without limitation, suits arising from offering, promoting, advertising, sale, or use by Licensee, of the Workbook and/or Content, whether or not such use conforms to standards set by Licensor, and/or Licensee’s violation of any the terms or conditions of this Agreement, provided that such claim, loss, damage, expense, or liability does not arise from the negligence of Licensor.
Licensee agrees that this Agreement has the same legal force and effect as a written contract with the written signature of an authorized representative and that it satisfies any laws that require a writing or signature, including any applicable Statute of Frauds. Licensee further agrees that Licensee shall not challenge the validity, enforceability or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Licensee acknowledges that Licensee has had the opportunity to print this Agreement.
In the event of Licensee’s actual or threatened breach of the terms of this Agreement, Licensor has the right to obtain injunctive relief and specific performance, and to seek any other remedy available to Licensor under applicable State and/or federal law.
The laws of the State of California shall govern this Agreement. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled first by non-binding mediation. If the parties are not satisfied with the results thereof then by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”). The arbitration proceedings shall be conducted in El Dorado County, California, or such other location as the parties may mutually agree. The parties shall mutually agree on an arbitrator. If the parties are not able to mutually agree on a single arbitrator, each party will then select an arbitrator whom together will appoint a third arbitrator who will serve as the sole arbiter of the dispute. The prevailing party may enter any judgment or award rendered by the arbitrator in any court having jurisdiction thereof. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
This Agreement constitutes the entire agreement between the parties with respect to the use of the Workbook licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing from Licensor.
All sections of this Agreement, which by their nature should survive termination, shall survive termination, including, but not limited to, accrued rights to payment, warranty disclaimers, and limitations of liability.
LICENSEE HEREBY ACKNOWLEDGES THAT LICENSEE HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
THE INDIVIDUAL EXECUTING THIS AGREEMENT PERSONALLY AFFIRMS, WARRANTS AND REPRESENTS THAT HE/SHE HAS AUTHORITY TO BIND LICENSEE TO THIS AGREEMENT, AND UNDERSTANDS THAT LICENSOR IS RELYING UPON SUCH AFFIRMATION, WARRANTY AND REPRESENTATION.
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