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END USER LICENCE AGREEMENT
IMPORTANT: This End User Licence Agreement is an agreement
between you and Global Mediation Services Limited ("GMS") relating
to your use of the training DVD entitled "Dooley v NIPEC Mediation
Resolving Commercial Disputes through Mediation - A Training DVD"
("Training DVD").
1. LICENCE
1.1 |
The Training DVD has been
developed by GMS and all information available in the Training DVD
including but not limited to the text, graphics, icons, images and
trademarks is protected by copyright, trademark and other intellectual
property rights owned or controlled by GMS ("GMS Intellectual
Property Rights"). |
1.2
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GMS hereby grants you a
non-exclusive non-transferable licence without the right to sub-license
to use the Training DVD for private, non-commercial purposes. No
part of the Training DVD may be copied directly or indirectly, reproduced,
republished, converted into any other format or storage media, posted,
transmitted, stored in any database or retrieval system of any nature
other than with GMS's written permission. You may not modify, alter,
or play the Training DVD in public, or sub-license, re-license,
make available for distribution, distribute, make an adaptation
of, rent or lease the Training DVD or any part of it, nor may you
distribute in any way the contents or any part of the Training DVD
for any purpose without GMS's prior written permission. |
2. LICENCE FEE
2.1 |
In consideration of the
rights granted by GMS to you, you shall pay GMS HK$ 750 for a single
copy of the Training DVD ("Licence Fee"). |
3. ORDER, PAYMENT AND DELIVERY
3.1 |
The Training DVD may be
ordered by you by filling your details in the online order form.
You shall pay GMS the Licence Fee and shipping charge (if applicable).
Once GMS has received your full payment, GMS shall send the Training
DVD to you using the shipping method selected by you. GMS shall
not be responsible for any delays of the shipping carrier. |
3.2
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Payment of the Licence Fee
may be made to GMS by cheque, by credit card or may be paid in person
as follows:-
- By Cheque: by sending a cheque made payable
to "Global Mediation Services Limited" mailed to our
office at Suite 1206, Workingview Commercial Building, 21 Yiu
Wa Street, Causeway Bay, Hong Kong.
- By Credit Card: by sending us details
of your credit card, including your full name, credit card number,
credit card type and the expiry date for our processing. The total
amount of the Licence Fee and shipping charge will be charged
to your credit card.
- In person: by paying at our office at
Suite 1206, Workingview Commercial Building, 21 Yiu Wa Street,
Causeway Bay, Hong Kong between 9:00am to 5:00pm, Mondays to Fridays
(except public holidays).
You may either collect the Training DVD
in person at our office or you may choose DHL’s service |
4. WARRANTIES
4.1
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GMS warrants that all of the Intellectual
Property Rights subsisting in the Training DVD are owned or will
be owned or licensed by GMS. |
5. DISCLAIMER OF WARRANTY
5.1
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The Training DVD is provided to
you on an "as-is" basis. GMS makes no warranty, either
expressed or limited, including but not limited to warranties of
merchantability or fitness for a particular purpose, with regard
to the Training DVD. |
5.2 |
The information contained in the
Training DVD is intended for educational and non-commercial use
only. Such information is not legal advice nor should it be relied
on in substitution of legal advice. Professional advice should be
taken before making business decisions or applying any of the information
contained in the Training DVD to your particular purposes. |
5.3 |
You shall bear the entire risk
relating to quality, performance and suitability of the Training
DVD for your purposes. |
6. LIMITATION OF LIABILITY
6.1
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GMS's liability for damages arising
out of or in any connection with this Agreement shall in no event
exceed the Licence Fee paid under this Agreement. |
6.2
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GMS shall not be liable for any
indirect, incidental, special or consequential damages resulting
from your use of the Training DVD or from your reliance on information
provided in the Training DVD. |
7. INDEMNITY
7.1 |
You hereby agree to indemnify
GMS and to keep GMS fully and effectively indemnified against any
action, liability, cost, claim, loss, damage, proceeding or expense
suffered or incurred by GMS arising from or which is directly or
indirectly related to any breach or non-observance of this Agreement
by you including for infringement of GMS's intellectual property
rights in the Training DVD. |
8. TERMINATION
8.1 |
GMS has a right to terminate this
Agreement immediately upon notice of a breach by you of your obligations
under this Agreement. |
9. MISCELLANEOUS
9.1 |
If any provision of this Agreement
(or any portion thereof) is determined to be invalid or unenforceable,
the remaining provisions of this Agreement shall not be affected
thereby and shall be binding upon the parties and shall be enforceable. |
9.2 |
This agreement is governed by
the laws of the Hong Kong Special Administrative Region and is subject
to the non-exclusive jurisdiction of the Hong Kong Courts and of
the Courts of [to be selected automatically upon customer filling
in country of residence in order form]. |
By clicking the Agree button below, you acknowledge that you have read,
understood and agreed to be bound by the terms of this Agreement.

Copyright © Global Mediation Services Limited 2006.
All Rights Reserved.
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