Standard Terms and Conditions of End User License
IMPORTANT: THIS IS A LICENSE, NOT A SALE. CAREFULLY READ THIS LICENSE BEFORE USING THIS PRODUCT. MARKING YOUR AGREEMENT DURING PURCHASING THIS PRODUCT INDICATES YOUR ACKNOWLEDGMENT AND CONSENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO BE BOUND BY AND COMPLY WITH ITS TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THIS PRODUCT.

AGREEMENT: These terms and conditions (“Agreement”) shall apply to the License of the Contents of DVD (Product) from Building Enclosure Consulting, LLC (“Licensor” or “B-E-C”) to the customer(s) on the applicable Order (“You” or“Named Licensee(s)”). This Agreement constitutes the agreement between B-E-C and the Named Licensee(s) with respect to such Product(s), to the exclusion of any pre-printed or contrary terms of any purchase order (or similar document) and supersedes and cancels any prior discussions, understandings or representations between the parties. This Agreement may not be modified or waived, except by a mutual signed writing, and, if this Agreement is deemed an offer, acceptance is expressly limited to these terms.

YOU ARE NOT THE OWNER OF THIS PRODUCT. YOU are granted the here-described, non-transferable, non-sublicensable, non-exclusive, very limited, end-user license to view the Product in return for the consideration (the indicated price).

YOU MAY: a) view the Contents of this DVD (Product) at any given time and as many times as you want, b )receive an updated version(s) for a period of two years from the date of this purchase at no cost to you (other than shipment and handling costs), c) receive a backup copy and responses to your questions regarding the Product.

YOU MAY NOT: a) share, sell, give, webcast, or in any way disseminate or distribute the Product, either whole or fragmentary. b) play it in presence of non-licensees (only individual(s) whose name was(were) provided to us during the purchase can view the Product), c) rent it or otherwise make it available to anyone else than the named licensee.

IF YOU DO NOT PROTECT THIS PRODUCT: each documented instance of infringement of your license will cost you $1,000.00. You also agree in such a case we will charge the credit card you used for the purchase. You also agree to the late annual interest in amount of 18%, accrued daily. Do NOT purchase this product unless you agreed to this charge, which will become due on the date of a infringement. If this material is found distributed in infringement of this license and the exact date and number of unauthorized viewers is impossible to ascertain (e.g., it’s pirated and distributed online), you agree to the assumed number of unauthorized instances of infringements is 10 and the assumed date of the infringement is the date of the purchase, (and your responsibility is $10,000.00 due on the date of the purchase.)

HOW WE WOULD TELL YOUR DVD FROM ANOTHER: Your Product will be marked with your name and the email address (or four last digits of the credit card used during the purchase) displayed in a corner of a video screen. You agree that the sufficient proof of the breach of your license is an notarized affidavit signed by an individual who witnessed a breach(es) of your license.

TAXES, ETC: Prices payable by Licensee(s) for Product(s) are those set forth in the accepted Order. Customer will be responsible for all taxes, withholding, duties and other governmental assessments (other than B-E-C ’s franchise taxes or taxes based upon B-E-C ’s net income), including, without limitation, sales or use tax, VAT or similar taxes. If Licensee is required to pay any withholding taxes on payments to B-E-C , then payments to B-E-C must be increased such that the net payment to B-E-C , after withholding tax, would be the same as if no withholding tax were applicable. Payment shall be made in U.S. dollars. Customer shall pay all amounts invoiced within 30 days from invoice date, unless B-E-C at any time determines that Customer's credit is not satisfactory, in which case payment terms shall be C.O.D.; for orders submitted via B-E-C ’s online store, payment shall be made by credit card in advance. Except for credit card transactions, B-E-C shall not invoice for Product or Support before the actual date of shipment of the applicable Products. All sums not paid when due will accrue interest daily at the lesser of an annual rate of eighteen percent (18%) or the highest rate permissible by law on the unpaid balance until paid in full.

WARRANTIES: B-E-C warrants to Customer that the Products and Services will be provided in a professional manner in accordance with generally accepted industry standards for a period of one (1) year from the date of original shipment by B-E-C of the nonconforming Product (but not replacements). Products obtained from B-E-C that do not comply with the warranty and are returned by Customer to B-E-C during the warranty period (and for which a B-E-C RMA has been issued) will be replaced. B-E-C will bear the cost of freight for return of goods to Customer. If B-E-C cannot, or determines that it is not practical to replace the returned Product, the price paid by Customer therefore will be credited to Customer. B-E-C MAKES NO OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS OR ANY SERVICES AND DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The above warranty does not extend to any Product that is modified or altered, is not maintained, or is treated with abuse, negligence or other improper treatment. Customer's sole remedy with respect to any nonconformity, deficiency, warranty or defect with respect to the License is as stated above.

SEVERABILITY AND LAW COMPLIANCE: any part of this agreement should stand regardless of other part(s). Any part that is prohibited by a law in a jurisdiction of the licensee shall be deemed void.

LIMITATION OF LIABILITY : You agree to limit B-E-C's liability to the price paid for the DVD. The price of the DVD reflects the applicable discount associated with this liability. Do not buy if you do not agree.

IN THE UNLIKELY EVENT OF A DISPUTE: Any disputes should be tried by courts of law in Broward County, Florida.

 

Please DO NOT purchase this product unless you read and agree to the above agreement.