The Cybercafe Search Engine
Cafe Cybercaptive
San Mateo, CA 94401
Total Cost of License:
US $34.95 ($24.95 when payment is made using PayPal)
Licensee Information:
By submitting the information requested in the forms for viewing the online content for license and supplying the username and password which allow access to this content, the user becomes the Licensee that is designated in this agreement. The licensee is a single individual. Groups, companies, corporations must purchase separate licenses for each individual to view the content individually. Sharing of passwords between individuals among groups is a violation of this license contract.
Content for License:
The Content for License in this Agreement is the Cafe Cybercaptive Cybercafe Business Plan accessed via the world wide web via password that is good for 30 (thirty) calendar days. If it is necessary to reinstate your account following the period of your license, a setup fee of US $12.00 will be charged.
Grant of Content License:
Licensor owns and distributes the content named above. In accordance with this Agreement, Licensor grants Licensee a non-exclusive license to view the content on the website of the Licensor. Licensor retains title and ownership of the Content. Licensee agrees not to sell or distribute the content or passwords used to access said content, via any electronic or physical method (such as diskette, Cdrom, paper printing or any other technology not specifically named in this agreement) without additional permission and payment of fees. Licensee agrees not to publish, discuss or reproduce the content or the passwords used to access said content, in any form, actual or in summary, making them available for public viewing in the form of email or on the world wide web or internet or to post the content or password to any electronic mailing list or to publish them in any form of distributed electronic or print media. Licensee may not alter the content in order to make them appear to be copyrighted property of anyone other than Licensor. Licensee will treat the content as proprietary information for which it is bound to hold confidential in any and all manners.
This license allows Licensee to view the content and to adapt portions of it for the sole purpose of creating a business plan intended only for the objectives of only the Licensee and its business.
Licensee acknowledges that unauthorized reproduction of copies of the licensed material may constitute a crime, and that such actions may also result in a suit for damage, injunctive relief, and attorney fees, pursuant to this agreement and any other rights the Licensor may have. It is understood, not withstanding any other provisions of this agreement, Licensor has the unequivocal right to obtain timely injunctive relief to protect the intellectual property rights of Licensor.
Warranties:
Licensor represents and warrants that (i) it has the right to grant the licenses and other rights granted herein with respect to the Content, (ii) the Content does not infringe any copyright, patent, or other intellectual property right of any third party, nor has any claim of such infringement been threatened or asserted, and no such claim is pending, against Licensor or against any entity from which Licensor has obtained such rights, (iii) the Content will not contain any viruses or harmful code and (iv) to be in good condition, suitable for its intended use.
Licensor warrants that the content was written to establish a cybercafe located at 851 N San Mateo Drive, San Mateo, CA, 94401, USA. The content is specifically not warranted to meet the specific needs, goals, anticipated expectations of the licensee and licensee acknowledges this fact and makes payment accordingly.
Refunds:
Licensee agrees that a license is not a tangible property that can be refunded for the price paid and therefore the price paid cannot be refunded in exchange for purchased non-tangible transactions.
Licensee agrees to these refund terms in advance and will review these terms prior to requesting any refund. Licensee specifically agrees that a refund is not due for any circumstance.
Terms of Payment:
Licensee agrees to pay the total cost, payable in advance, which is nonrefundable upon cancellation of this agreement by the Licensee.
Payments may be made via VISA or MasterCard or PayPal.
Revocation of License:
Licensor may revoke Licensee's license in the event that it violates one or more provisions of this license, requests a refund of the license fee or if the license payment is deemed not valid.
Transfer of Rights:
This agreement shall be binding on any successors of the parties. Licensee does not have the right to assign its interests in this agreement to any other party, unless the prior written consent of Licensor is obtained.
Termination of Agreement:
This Agreement is a contractual agreement that remains binding for both the Licensee and the Licensor indefinitely.
Export Law Assurances:
Licensee may not use or otherwise export or re-export the Content for License except as authorized by United States law and the laws of the jurisdiction in which the Content for License was obtained. In particular, but without limitation, the Content for License may not be exported or re-exported (i) into (or to a national or resident of) any United States embargoed country or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Department of Commerce's Table of Denial Orders. By using the Content for License, licensee represents and warrants that licensee is not located in, under control of, or a national or resident of any such country or on any such list.
Entire Agreement:
This agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This agreement supersedes any prior written or oral agreements between the parties.
Waiver of Contractual Right:
The failure of either party to enforce any provision of this agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this agreement.
Controlling Law and Severability:
This Agreement and License shall be governed by the laws of the United States and the State of California. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement and License shall continue in full force and effect.
Terms of Liability:
The Licensee acknowledges and understands that the world wide web is an internet medium subject to intermittent inaccessibility beyond the control of the Licensor and the Licensor's web hosting agents.
The Licensor disclaims all information, warranties, offers, promises and agreements set forth from within the content. The Licensor accepts no liability for content and cannot be held responsible for any actions taken by individuals entering into any contract as a direct, indirect or consequential result of an content featured.
In such case that any damages arise directly, indirectly or consequentially, resulting from the content, the Licensee agrees to defend and endemnify the Licensor against such damages at any and all costs.
UNDER NO CIRCUMSTANCES SHALL LICENSOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. In no event shall the total liability to Licensee for all damages exceed the amount of ten US Dollars (US$10.00).