Cheri Baker with Emergence Consulting

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License Agreement

Emergence Consulting End-User License Agreement

This is a legally binding agreement between you and Emergence Consulting LLC, the "Licensor") from whom you have licensed the Emergence Consulting LLC Products (the "Products"). By using the Products, you agree to be bound by the terms of this License, except to the extent these terms have been modified by a written agreement (the "Governing Agreement") signed by you (or the party that has licensed the Products for your use) and an executive officer of Licensor. If you do not agree to the License terms, the Licensor is unwilling to license the Products to you. In such event, you may not use the Products, and you should promptly contact the Licensor for return instructions.

Copyright and Proprietary Rights.

The Products are the property of Emergence Consulting LLC. (" Emergence Consulting") and are protected by United States and International copyright laws. All copyright, trademark, and other proprietary rights in the Products and in the Products, text, graphics, design elements, audio, and all other materials originated by Emergence Consulting (the "Emergence Consulting Information") are reserved to Emergence Consulting.

The Products cannot be used by or transferred to any other person except where specified under license terms. You may not rent, lease, loan, barter, sell or time-share the Products or accompanying documentation.

You may not modify, or create derivative works based upon the Products in whole or in part. You may not reproduce, store, upload, post, transmit, download or distribute in any form or by any means, electronic, mechanical, recording or otherwise any part of the Products and Emergence Consulting Information other than as expressly permitted by the license terms.
You shall observe copyright and other restrictions imposed by Emergence Consulting. You may not use the Products or Emergence Consulting Information in any manner that infringes the rights of any person or entity.


License Terms
You are purchasing a limited, non-exclusive license for Products from Emergence Consulting. A license is required for each end user of the Products.

SINGLE USER LICENSE
Products purchased under a single user license (including eBooks) are for the exclusive use of one individual. That individual may have one electronic and one print copy of the product for their personal use.

COACHING PACK/SKILL PACK LICENSE
Products purchased under a coaching pack or skill pack license are for the exclusive use of two people: the end user and one other involved individual, such as a manager, mentor, or coach.

One electronic copy and two print copies are permitted under this license.

TEAMBUILDING PACK LICENSE
Teambuilding packs may be used by one facilitator and up to fifteen (15) end user participants. One electronic copy and up to sixteen (16) print copies are permitted under this license.

Teambuilding pack licenses may be purchased in multiples of fifteen (15) at the Emergence Consulting Store. 


Exclusions of Warranties.
THE PRODUCTS AND DOCUMENTATION ARE PROVIDED "AS IS". LICENSOR HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION OF INCIDENTAL DAMAGES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. This agreement gives you specific legal rights, and you may also have other rights that vary from state to state.

Choice of Law and Jurisdiction.
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without reference to any conflict of law principles. You agree that any litigation or other proceeding between you and Licensor in connection with the Products shall brought in the Washington state or courts located in King County, Washington, and you consent to the jurisdiction of such courts to decide the matter. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this License. If any provision of this Agreement is held invalid, the remainder of this License shall continue in full force and effect.


Limitation of Claims and Liability.
ANY ACTION ON ANY CLAIM AGAINST EMERGENCE CONSULTING MUST BE BROUGHT BY THE USER WITHIN ONE (1) YEAR FOLLOWING THE DATE THE CLAIM FIRST ACCRUED, OR SHALL BE DEEMED WAIVED. IN NO EVENT WILL THE LICENSOR'S LIABILITY UNDER, ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT PAID TO LICENSOR FOR THE PRODUCTS. LICENSOR SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, REGARDLESS OF WHETHER LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, LICENSOR WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF DATA, OR COSTS OF COVER.

 

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1700 7th Avenue, Suite 116 | PMB: 337
Seattle, WA 98101
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