End User Licensing Agreement

Access to Faith Partners’ Distance Learning Training Series (“the Digital Product”) and accompanying documentation is licensed and not sold.  This Digital Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property.  Faith Partners, Inc. or its subsidiaries, affiliates, and suppliers (collectively “Faith Partners”) own intellectual property rights in the Digital Product.  The Licensee’s (“you” or “your”) license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement (“Agreement”). 

Acceptance

YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE “ACCEPT” OPTION AND PURCHASING THE DIGITAL PRODUCT OR BY ACCESSING THE DIGITAL PRODUCT.  YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO ACCESS THE DIGITAL PRODUCT.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT “DECLINE” AND YOU MUST NOT ACCESS THE DIGITAL PRODUCT. 

License Grant

This Agreement entitles you to access the purchased version of Distance Learning Training Series.  Access is available for one year from the date of purchase and limited to the version purchased. Single Congregation purchases permit one year unlimited access by the purchasing congregation’s members or participants. Organization purchases permit one year unlimited access by the purchasing organization’s members or participants. This Digital Product may be accessed individually by eligible participants or shown in group settings. This Agreement does not permit the download of the Digital Product. For further information regarding licensing of the Digital Product, please contact: 

Representative: Drew Brooks, P.O. Box 130566, St. Paul, MN  55113, (512)417-2307, drewbrooks@faith-partners.org

Restrictions on Transfer

Without first obtaining the express written consent of Faith Partners, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Digital Product. 

Restrictions on Alteration

You may not modify the Digital Product or create any derivative work of the Digital Product or its accompanying documentation.  Derivative works include but are not limited to translations.  You may not alter any files or libraries in any portion of the Digital Product. 

Disclaimer of Warranties and Limitation of Liability

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY FAITH PARTNERS, FAITH PARTNERS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE DIGITAL PRODUCT. 

Faith Partners makes no warranty that the Digital Product will meet your requirements or operate under your specific conditions of use.  Faith Partners makes no warranty that operation of the Digital Product will be secure, error free, or free from interruption.  YOU MUST DETERMINE WHETHER THE DIGITAL PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY.  YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE DIGITAL PRODUCT TO MEET YOUR REQUIREMENTS.

UNDER NO CIRCUMSTANCES SHALL FAITH PARTNERS, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE DIGITAL PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF FAITH PARTNERS OR ANY OTHER PARTY, EVEN IF FAITH PARTNERS IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS FAITH PARTNERS’ ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED. 

Governing Law, Jurisdiction and Costs

This Agreement is governed by the laws of Minnesota, without regard to Minnesota’s conflict or choice of law provisions.  

Severability

If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect.  To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.  

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