END USER SOFTWARE LICENSE AGREEMENT
This Software License Agreement refers to the program Magic
Show Builder and its Manual only
License Grant
"You" means the person or company who is being licensed to use the Software or Documentation.
"We," "us" and "our" means MagicShowBuilder.com (S C Intn, Inc. in association with Salvador Calderon).
We hereby grant you a nonexclusive license to use the Software which is downloaded from our
server.
Title
We remain the owner of all right, title and interest in the Software and related explanatory
written materials ("Documentation").
Reselling/Resale rights of course &
scripts created, and trade secrets.
You do not have any resale rights to this course or software or information. You may not use
this software to be sold as part of any product or service.
Any trade secrets about Magic Show Builder or its Documentation or the function of
the software can not be shared by you with anyone non paid person of Magic Show Builder whether free or paid to
you. You may not create reports articles etc about this information and you may not speak on the topic for
profit or free without express permission by Salvador Calderón.
The licence to the software is granted to your name only, and applies to one installation on
one computer only. You may purchase additional licences to have the software installed in other computers.
Under no circumstances you are allowed to sell the licence. The only lawful way to participate in the sales of
the Software is through the affiliate program through this site.
If you ask for a refund during the 30 day guarantee period, you must uninstall your version of
the software. You must delete all copies you made of digital information and destroy all hard copy. Your
membership on the site will also be terminated and you will not be allowed to sign up again.
If you can not abide by these terms, DO NOT BUY THE PRODUCT.
Things You May Not Do
The Software and Documentation are protected by Mexico's copyright laws and International
Treaties. You must treat the Software and Documentation like any other copyrighted material-for example, a
book. You may not:
Copy the Documentation,
Reverse engineer, disassemble, decompile or make any attempt to discover the source
code of the Software.
Sublicense, rent, lease or lend any portion of the Software or Documentation.
Limited Warranty
We warrant that for a period of 30 days after delivery of this copy of the Software to you:
The media on which this copy of the Software is provided to you will be free from
defects in materials and workmanship under normal use, and
The Software will perform in substantial accordance with the Documentation.
To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL
OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR
CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee,
agent, dealer or distributor of ours is authorized to modify this limited warranty, or to make any additional
warranties.
Limited Remedy
Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be,
at our option, to either:
Return the price you paid, or
Repair or replace the Software or media that does not meet the foregoing warranty if it
is returned to us with a copy of your receipt.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS,
OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF
WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY
CLAIM BY ANY OTHER PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Term and Termination
This license agreement takes effect upon your use of the software and remains effective until
terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your
possession. It will also automatically terminate if you fail to comply with any term or condition of this
license agreement. You agree on termination of this license to destroy all copies of the Software and
Documentation in your possession.
Confidentiality
The Software and its Documentation contain trade secrets and proprietary know-how that belong
to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF
ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE
ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
Disputes
This license agreement shall be governed by, construed and enforced in accordance with the laws
of Mexico, as it is applied to agreements entered into and to be performed entirely within such
jurisdiction.
To the extent you have in any manner violated or threatened to violate MagicShowBuilder.com
(S.C. Intnl, Inc. in association with Salvador Calderon) and/or its affiliates' intellectual property rights,
MagicShowBuilder.com (S.C. Intnl, Inc. in association with Salvador Calderon) and/or its affiliates may seek
injunctive or other appropriate relief in any state or federal court in Mexico City, D.F., Mexico, and you
consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of
a mutually agreed-upon mediator in the following location: Mexico City, D.F., Mexico. Any costs and fees other
than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we
agree to submit the dispute to binding arbitration at the following location: Mexico City, D.F., Mexico, under
the rules of the Mexican Laws.
General Provisions
- This written license agreement is the exclusive agreement between you and us concerning the
Software and Documentation and supersedes any prior purchase order, communication, advertising or
representation concerning the Software.
- This license agreement may be modified only by a writing signed by you and us.
- In the event of litigation between you and us concerning the Software or Documentation, the
prevailing party in the litigation will be entitled to recover attorney fees and expenses from the
other party.
By using this site, you signify your Assent and Agreement to these Terms of Use. If you do not agree to
these Terms of Use, do not use the Software.
Restrictions on Use of Materials
Materials in this website are Copyrighted and all rights are reserved. Text, graphics, databases, HTML code,
and other intellectual property are protected by Mexican and International Copyright Laws, and may not be
copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without
explicit permission. All of the trademarks on this site are trademarks of MagicShowBuilder.com (S.C. Intnl,
Inc. in association with Salvador Calderon) or of other owners used with their permission.
Liability
The materials in this site are provided "as is" and without warranties of any kind either express or
implied. MagicShowBuilder.com (S.C. Intnl, Inc. in association with Salvador Calderon) disclaims all
warranties, express or implied, including, but not limited to, implied warranties of merchantability and
fitness for a particular purpose. MagicShowBuilder.com (S.C. Intnl, Inc. in association with Salvador Calderon)
does not warrant that the functions contained in the materials will be uninterrupted or error-free, that
defects will be corrected, or that this site or the server that makes it available are free of viruses or other
harmful components. MagicShowBuilder.com (S.C. Intnl, Inc. in association with Salvador Calderon) does not
warrant or make any representations regarding the use or the results of the use of the materials in this site
in terms of their correctness, accuracy, reliability, or otherwise. You (and not MagicShowBuilder.com (S.C.
Intnl, Inc. in association with Salvador Calderon) assume the entire cost of all necessary servicing, repair or
correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not
apply to you.
Under no circumstances, including, but not limited to, negligence, shall MagicShowBuilder.com (S.C. Intnl,
Inc. in association with Salvador Calderon) be liable for any special or consequential damages that result from
the use of, or the inability to use, the materials in this site, even if MagicShowBuilder.com (S.C. Intnl, Inc.
in association with Salvador Calderon) or a MagicShowBuilder.com (S.C. Intnl, Inc. in association with Salvador
Calderon) authorized representative has been advised of the possibility of such damages. In no event shall
MagicShowBuilder.com (S.C. Intnl, Inc. in association with Salvador Calderon) total liability to you for all
damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or
otherwise) exceed the amount paid by you, if any, for using the Software.
Facts and information at this website are believed to be accurate at the time they were placed on the
website. Changes may be made at any time without prior notice. All data provided on this website is to be used
for information purposes only. The information contained on this website and pages within, is not intended to
provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company
and should not be relied upon in that regard. The services described on this website are only offered in
jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and
is limited to information that is made available to MagicShowBuilder.com (S.C. Intnl, Inc. in association with
Salvador Calderon) and such information should not be relied upon as all-inclusive or accurate.
Links and Marks
The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not
responsible for their content. The linked sites are for your convenience only and you access them at your own
risk. Links to other websites or references to products, services or publications other than those of
MagicShowBuilder.com (S.C. Intnl, Inc. in association with Salvador Calderon) and its subsidiaries and
affiliates at this website, do not imply the endorsement or approval of such websites, products, services or
publications by MagicShowBuilder.com (S.C. Intnl, Inc. in association with Salvador Calderon) or its
subsidiaries and affiliates.
Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute
trade names, trademarks or service marks of MagicShowBuilder.com (S.C. Intnl, Inc. in association with Salvador
Calderon) or of other entities. The display of trademarks on this website does not imply that a license of any
kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of
trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws
and could subject the copier to legal action.
Other Legal Stuff
These Terms of Use will apply to every access to MagicShowBuilder.com (S.C. Intnl, Inc. in association with
Salvador Calderon). MagicShowBuilder.com (S.C. Intnl, Inc. in association with Salvador Calderon) reserves the
right to issue revisions to these Terms of Use by publishing a revised version of this document on this site:
that version will then apply to all use by you following the date of publication. Each access of information
from MagicShowBuilder.com (S.C. Intnl, Inc. in association with Salvador Calderon) will be a separate, discrete
transaction based on the then prevailing terms.
This Terms of Use and the license granted may not be assigned or sublet by You without MagicShowBuilder.com
(S.C. Intnl, Inc. in association with Salvador Calderon)'s written consent in advance.
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Mexico
City, D.F. Mexico, as it is applied to agreements entered into and to be performed entirely within such
jurisdiction.
To the extent you have in any manner violated or threatened to violate MagicShowBuilder.com (S.C. Intnl,
Inc. in association with Salvador Calderon) and/or its affiliates' intellectual property rights,
MagicShowBuilder.com (S.C. Intnl, Inc. in association with Salvador Calderon) and/or its affiliates may seek
injunctive or other appropriate relief in any local or federal court in the Mexico City, D.F., Mexico, and you
consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually
agreed-upon mediator in the following location: Mexico City, D.F., Mexico. Any costs and fees other than
attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit
the dispute to binding arbitration at the following location: Mexico City, D.F., Mexico, under the rules of
Mexican Law. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction
to do so.
If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of
this Agreement shall not be affected thereby.
Termination
These Terms of Use agreement are effective until terminated by either party. You may terminate this
agreement at any time by destroying all materials obtained from any and all MagicShowBuilder.com (S.C. Intnl,
Inc. in association with Salvador Calderon) site(s) and all related documentation and all copies and
installations thereof, whether made under the terms of this agreement or otherwise. This agreement will
terminate immediately without notice at MagicShowBuilder.com (S.C. Intnl, Inc. in association with Salvador
Calderon) sole discretion, should you fail to comply with any term or provision of this agreement. Upon
termination, you must destroy all materials obtained from this site and any and all other MagicShowBuilder.com
(S.C. Intnl, Inc. in association with Salvador Calderon) site(s) and all copies thereof, whether made under the
terms of this agreement or otherwise.