Copyright & Limitation of Liability Agreement
COPYRIGHT/LIMITATION OF LIABILITY AGREEMENT
WRITING FOR GREEN, LLC
No part of Writing for Green (WFG) publications or materials may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of Writing for Green, LLC ("Owner"), except in the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law. For permission requests, write to the publisher, addressed “Attention: Permissions Coordinator,” at the address below.
Writing for Green, LLC
290 Snuff Mill Road
Saunderstown, RI 02874
The Recipient understands and acknowledges that the digital and printed materials and lecture topics ("Protected Materials") have been developed or obtained by Owner by the investment of significant time, effort and expense, and that the Protected Materials are valuable, special and unique assets of Owner which provides Owner with a significant competitive advantage, and needs to be protected from improper disclosure. In consideration for the receipt by the recipient of the Protected Materials, the Recipient agrees as follows:
I. LIMITED LICENSE TO USE. The Recipient shall not acquire any intellectual property rights under this Agreement except the limited right to use as set forth above. The Recipient acknowledges that, as between the Owner and the Recipient, the Protected Materials and all related copyrights and other intellectual property rights, are (and at all times will be) the property of the Owner, even if suggestions, comments, and/or ideas made by the Recipient are incorporated into the Protected Materials or related materials during the period of this Agreement.
II. NO WARRANTY. The Recipient acknowledges and agrees that the Protected Materials are provided on an "AS IS" basis. THE OWNER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROTECTED MATERIALS AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE OWNER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OR USE OF ANY PORTION OF THE PROTECTED MATERIALS.
III. GENERAL PROVISIONS. This Agreement shall be construed under the laws of the State of Rhode Island, and the courts of the State of Rhode Island and Providence Plantations shall be the sole and exclusive forum for the resolution of any disputes arising hereunder without regard to its conflict of law provisions. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement. In the event it shall become necessary for Owner to retain the services of legal counsel in connection with Recipient's failure to abide the terms and conditions hereof, Recipient shall be responsible for any and all costs and legal fees incurred by Owner in the enforcement of the provisions of this Agreement.
Recipient:
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