Panoramic Business Solutions reserves the right, at its sole discretion, to change, modify, add or remove portions of this Licensing Agreement, at any time. The one for whom the product is purchased is responsible for periodically reviewing the Licensing Agreement for changes. (that end user, the “User”) By continuing to use the Product, User accepts any changes at the time they are implemented.
BY CLICKING THE ACCEPTANCE BUTTON OR ACCESSING, USING OR DOWNLOADING ANY PART OF THE PRODUCT, USER EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS OF THIS LICENSING AGREEMENT. IF USER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED, PANORAMIC BUSINESS SOLUTIONS WILL PROMPTLY CANCEL THIS TRANSACTION AND USER MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE PRODUCT.
Product Terms and Limitations
License. Subject to the terms of this agreement, Panoramic Business Solutions grants to User a non-exclusive, non-transferable license to use the product purchased from the Site to prepare and market a seminar using the materials purchased from the Site. (that product purchased from the Site, the “Product”) User may modify the Product to fit personal style of the User and to match the brand of User.
Accessibility. User agrees that from time to time the Product may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Panoramic Business Solutions may undertake from time to time; or (iii) causes beyond the control of Panoramic Business Solutions or which are not reasonably foreseeable by Panoramic Business Solutions. User will have 48 hours to download the Product from the time of purchase. After 48 hours User will no longer have access to the server to download the Product. After 48 hours, a new Product must be purchased for access.
Equipment. User shall be solely responsible for providing, maintaining and ensuring compatibility with the Product, all hardware, browser and other requirements for User’s use of the Product, including, without limitation, telecommunications and internet access connections and links, web browsers or other equipment, programs and services required to access and use the Product. The Product has been created and will be available in formats compatible with Microsoft Office. See the Frequently Asked Questions for more information on the compatibility requirements for the Product.
Limitations. User may not transfer or sublicense the Product to any third party, in whole or in part, in any form, whether modified or unmodified. User may not otherwise dispose of the Product documentation in violation of U.S. or foreign or local copyright laws. User also agrees:
- Not to disclose or make available any information regarding the Product to anyone with the exception of making the handouts available to seminar attendees.
- The Licensing Agreement is limited to an individual User. Other members of the same firm must also purchase the product to use the Product subject to this Licensing Agreement.
The Product is licensed to User in exchange for the purchase price of the Product. Panoramic Business Solutions may charge for any updates to the Product. Updates to the Product are considered a new Product.
The original and any copies or derivatives of the Product, made by User, including translations, compilations, partial copies, modifications, and updates, are the property of Panoramic Business Solutions. This Licensing Agreement, as outlined in the Limitations Section, only permits User to use the Product and any derivatives of the Product for personal use in developing and presenting seminars. Materials developed using the Product, may only be distributed to attendees of a seminar. User’s information may be placed in the copyright footer for handouts distributed to attendees, however User acknowledges this section governs any such derivative works. No license of other rights or confidential information is granted or implied in this agreement.
User recognizes that Panoramic Business Solutions regards the Product as its proprietary information and as confidential trade secrets of great value. User agrees not to provide or to otherwise make available in any form the Product, or any portion thereof, to any person without the prior written consent of Panoramic Business Solutions. User further agrees to treat the Product with at least the same degree of care User treats its own confidential information and in no event with less care than is reasonably required to protect the confidentiality of the Product.
This Licensing Agreement shall continue as long as User has a copy of the Product.
User’s Representations and Warranties
By using the Product, User represents and warrants that:
- User is of legal age and sufficient authority to enter a binding agreement.
- All personal data supplied will be complete and accurate to the best of User’s ability. User will not impersonate any person or entity or otherwise misrepresent User’s affiliation with a person or entity.
- User’s license to use the Product may be terminated for violations to this agreement.
PANORAMIC BUSINESS SOLUTIONS MAKES NO CLAIM THAT THE PRODUCT OR ANY CONTENT, SERVICE OR FEATURE OF THE PRODUCT WILL BE ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT USE OF THE PRODUCT WILL PROVIDE SPECIFIC RESULTS. THE PRODUCT AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE PRODUCT IS SUBJECT TO CHANGE WITHOUT NOTICE. PANORAMIC BUSINESS SOLUTIONS CANNOT ENSURE THAT ANY FILES OR OTHER DATA DOWNLOADED FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
PANORAMIC BUSINESS SOLUTIONS PROVIDES NO WARRANTIES AS TO THE FUNCTION OR USE OF THE PRODUCT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS WITH USER. PANORAMIC BUSINESS SOLUTIONS DOES NOT WARRANT THAT THE RESULTS POSSIBLE THROUGH USE OF THE PRODUCT WILL MEET USER’S REQUIREMENTS OR THAT THE USE OF THE PRODUCT WILL PROVIDE ANY SPECIFIC RESULTS FOR USER.
USER’s SOLE REMEDY AGAINST PANORAMIC BUSINESS SOLUTIONS FOR DISSATISFACTION WITH THE PRODUCT OR ANY CONTENT IS TO STOP USING THE PRODUCT OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
Governing Law; Dispute Resolution
User agrees that all matters relating to User’s access to or use of the Product, including all disputes, will be governed by the laws of the United States and by the laws of the state of Alabama without regard to its conflicts of laws provisions. User agrees to personal jurisdiction by and venue in the state and federal courts in Shelby County, Alabama, and waive any objection to such jurisdiction or venue. Any claim under this agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.
No part of this Licensing Agreement may be assigned by User without the prior written consent of Panoramic Business Solutions. Panoramic Business Solutions may assign the Licensing Agreement at its own discretion with no notice to User.
This Licensing Agreement along with the referenced documents sets forth the entire understanding between the parties with respect to the Product, and merges and supersedes all prior agreements, discussions and understandings, express or implied, concerning such matters. This Licensing Agreement shall take precedence over any additional or conflicting terms which may exist.
The parties are entering into this agreement on the date User purchased the Product.
The information contained in this Site is subject to change without notice.
© 2010 – 2014 Panoramic Business Solutions, LLC. All rights reserved.
Panoramic Business Solutions, LLC
5184 Caldwell Mill Road, Suite 204-314
Birmingham, Alabama 35244