End User License Agreement
The works of CIY Download ("the Resources") and accompanying documentation is licensed and not sold. These Resources are protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Christ In Youth, Inc. or its subsidiaries, affiliates, and suppliers (collectively "CIY") own intellectual property rights in the Resources. The Licensee's ("you" or "your") and where applicable the organization you represent (“your Organization” or “Organization”) license to download, use, copy, or change the Resources is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "ACCEPT" OPTION AND DOWNLOADING THE RESOURCES OR BY INSTALLING, USING, OR COPYING THE RESOURCES. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE RESOURCES. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT DOWNLOAD, INSTALL, USE, OR COPY THE RESOURCES.
This Agreement entitles you to install and use the Resources your purposes – personally or those your Organization. In addition, you may make one archival copy of the Resources. The archival copy must be on a storage medium other than a hard drive, and may only be used for the recovery of the Resources. This Agreement does permit the installation or use of multiple copies of the Resources, or the installation of the Resources on more than one computer, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users only to the extent that:
- Such sharing is solely for purpose of your Organization.
- You do not attempt to sell or share any version of the Resources outside of the purposes of your Organization.
- You are installing or downloading the Resources onto multiple devices for your own purposes.
Multiple copy use or installation outside of these parameters is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Resources.
If you are licensing the Resources for your own purposes – and not that of an Organization – you are only permitted to share, copy or download multiple copies of the Resources according to item 3 above or for the archival purpose described above.
Restrictions on Transfer
Without first obtaining the express written consent of CIY, 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 Resources.
Restrictions on Use
Other than for the purposes described above – specifically pertaining your Organization - you may not use, copy, or install the Resources on any system with more than one computer, or permit the use, copying, or installation of the Resources by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Resources on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license other than as permitted above.
You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Resources.
Restrictions on Alteration
Some Resources available on CIY Download are intended to be editable, others are not. Resources that are intended to be edited for your purposes will be provided in easily edited file types. Regardless of file type or your ability to edit or alter the Resources, such editing or alteration is only permitted according to the parameters above as such edits and alterations serve the needs and purposes of your Organization. At no time is it permissible to edit or alter the Resources in order to share with others outside your Organization or for any manner of resale. Other than outlined above, you may not modify the Resources or create any derivative work of the Resources or its accompanying documentation. Derivative works include but are not limited to translations. Other than outlined above, you may not alter any files or libraries in any portion of the Resources.
Restrictions on Copying
Within the scope of the purposes of your Organization you are permitted to copy the Resources to share Resources designed for that purpose (i.e. sharing small group material with small group leaders). You may not, for any other purpose than outlined above, copy any part of the Resources except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY CIY, CIY 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 RESOURCES.
CIY makes no warranty that the Resources will meet your requirements or serve your specific purpose of use. CIY makes no warranty that operation or use of the Resources will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE RESOURCES SUFFICIENTLY MEET YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE RESOURCES TO MEET YOUR REQUIREMENTS. CIY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL CIY, 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 RESOURCES, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF CIY OR ANY OTHER PARTY, EVEN IF CIY IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS CIY'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Resources. Selection of whether to correct or replace shall be solely at the discretion of CIY. CIY reserves the right to substitute a functionally equivalent copy of the Resources as a replacement. If CIY is unable to provide a replacement or substitute Resources or corrections to the Resources, your sole alternate remedy shall be a refund of the purchase price for the Resources exclusive of any costs for shipping and handling.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by CIY to have been caused by you. All limited warranties on the Resources are granted only to you and are non-transferable. You agree to indemnify and hold CIY harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Missouri, without regard to Missouri's conflict or choice of law provisions.
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.