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WebChoir TCS-10 Multi User Download Agreement

By downloading WebChoir TCS-10, you agree to the following terms and conditions:

No part of this software program may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without prior written permission of the publisher. TCS-10 is protected by both United States Copyright Law and International Treaty provisions. Therefore you must treat our software just like a book. By saying, "just like a book", WebChoir means for example that this software may be used by any number of people and may be freely moved from one computer location to another so long as there is NO Possibility of it being used at one location while it is being used at another.

WEBCHOIR SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO DEFECTS IN THE DISKETTE AND DOCUMENTATION, AND THE PROGRAM LICENSE GRANTED HEREIN. IN PARTICULAR, AND WITHOUT LIMITING OPERATION OF THE PROGRAM LICENSE WITH RESPECT TO ANY PARTICULAR APPLICATION, USE, OR PURPOSE. IN NO EVENT SHALL WEBCHOIR BE LIABLE FOR ANY LOSS OF PROFIT OR ANY OTHER COMMERCIAL DAMAGE, INCLUDING BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN PARTICULAR, THERE IS NO WARRANTY FOR VIRUS SCANNING, WEBCHOIR RELIES ON EXTERNAL PROGRAMS THAT CLAIM TO PERFORM THIS FUNCTION.

This Statement shall be construed, interpreted and governed by the laws of the state of California. Except as to claims of copyright, patent, trademark, intellectual property or trade secrets protection (all of which may be filed in any court of competent jurisdiction), any dispute, claim or controversy ("Claim") by or between you and WebChoir arising out of or related to this License Agreement shall, upon election by either you or WebChoir, be resolved by binding arbitration. Arbitration shall take place before a single arbitrator on an individual basis without resort to any form of class action. Arbitration shall take place at, and be conducted in Los Angeles, California at and in accordance with the rules of, J.A.M.S./Endispute ("JAMS"). If JAMS is unable or unwilling to serve as the provider of arbitration, any other national arbitration organization with offices in Los Angeles, California may be substituted. This arbitration section of this License Agreement is governed by the Federal Arbitration Act. YOU UNDERSTAND THAT IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, THAT ELECTION PRECLUDES YOU AND WEBCHOIR FROM HAVING A RIGHT OR OPPORTUNITY TO LITIGATE CLAIMS THROUGH COURT, OR TO PARTICIPATE OR BE REPRESENTED IN LITIGATION FILED IN COURT BY OTHERS. EXCEPT AS OTHERWISE SPECIFIED ABOVE, ALL CLAIMS MUST BE RESOLVED THROUGH ARBITRATION IF YOU OR WEBCHOIR ELECT TO ARBITRATE.

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