Nonexclusive Nontransferable Copyright License Agreement
By purchasing an All-Access Print License (Agreement Effective Date), you "Licensee" agree to the following terms:
GRANT OF LICENSE. RAMfitness owns the Licensed Print Materials ("Licensed Materials"). In accordance with this Agreement, RAMfitness grants Licensee a non-exclusive license to Print, copy and distribute the Licensed Materials. This grant is for the Licensee’s internal non-commercial use only. RAMfitness retains title and ownership of the Licensed Materials and all derivative work.
ACKNOWLEDGEMENT. Licensee undertakes that the name of the Owner and the source (www.ramfitness.com) is acknowledged in standard bibliographic citation form on any reproduced work.
MODIFICATIONS. Licensee may not modify or change the Licensed Materials in any manner. Licensee shall not use licensed property for any purpose that is unlawful or prohibited by these Terms of the Agreement.
TRANSFER OF RIGHTS. Licensee does not have the right to assign its interests in this Agreement to any other party, unless a prior written consent of RAMfitness is obtained.
PAYMENT OF ROYALTY. This license is royalty-free for non-commercial use only.
DEFAULTS. If Licensee fails to abide by the obligations of this Agreement, including the obligation to make royalty payment when due, RAMfitness shall have the option to cancel this agreement by providing 30 days written notice to Licensee. Licensee shall have the option of preventing the termination of this Agreement by taking corrective action that cures the default, if such corrective action is taken prior to the end of the time period stated in the previous sentence, and if there are no other defaults during such time period.
ARBITRATION. All disputes under this Agreement that cannot be resolved by the parties shall be submitted to arbitration under the rules and regulations of the American Arbitration Association. Either party may invoke this paragraph after providing 30 days written notice to the other party. All cost of arbitration shall be divided equally between the parties. Any award rendered by the arbitrator shall be final and binding on all parties and may be enforced by a court order.
WARRANTIES. RAMfitness makes no warranties with respect to the use, sale or other transfer of the Licensed Materials by the other party or by any third party, and Licensee accepts the product "AS IS." In no event will RAMfitness be liable for direct, indirect, special, incidental, or consequential damages, that are in any way related to the Licensed Materials.
INDEMNIFICATION. Licensee agrees to hold harmless and indemnify RAMFitness, it's owner, officers, employees, volunteers, agents, and insurance carriers from all claims (whether initiated by me or by a third party) and to reimburse them for any expenses incurred as a result of my involvement with RAMFitness. Licensee further agrees to pay all expenses, including court costs and attorneys’ fees, incurred by RAMFitness and the aforementioned parties in investigating and defending a claim or suit from any alleged breach of such indemnifying party's representations and warranties made under this Agreement.
TERMINATION. Unless the Print License is marked "Life-time", this Agreement shall terminate one year from the above Effective Date.
Upon termination or expiration of this Agreement, Licensee shall cease reproducing, advertising, marketing and distributing the Licensed Materials. Copyright Owner shall have the right to verify the existence and validity of existing copies of the Licensed Materials then in stock upon reasonable notice to Licensee.
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