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© 2002 Virtual Marketing Services, Inc.
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1. ALL CONTENT CONTAINED ON THIS and ANY WEB PAGE(S) Marked with the © 2002 Virtual Marketing Services, Inc. are copyrighted material of Virtual Marketing Services, Inc. (A Michigan Corporation and a Recognized iPIX Media Developer.) All CD media, layout, design and content are the ORIGINAL WORK CREATED EXCLUSIVELY FOR LYNN PUDLO of WEBPACE of BIRMINGHAM, MI THE DESIGN, LAYOUT AND FORMAT ON THESE PAGES AND ALL ATTACHED MEDIA ARE PROTECTED UNDER THE COPYRIGHT, TRADEMARK, PATENT AND OTHER LAWS OF THE UNITED STATES, ITS INTERNATIONAL TREATIES AND THE STATE OF MICHIGAN. |
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2. DISTRIBUTION LICENSE Virtual Marketing Services, Inc. grants a "Distribution Only License" to |
| Lynn Pudlo & Beverly Hills Club (BHC of Beverly Hills, MI) |
| A "Distribution Only License" allows ONLY the aforementioned entity to copy and distribute the contents contained on the Master CD and/or web pages in their entirety. Therefore, no single file, image, text may be copied without the express written consent of Virtual Marketing Services, Inc. Any further distribution or reproduction is strictly prohibited, without the express written consent of a duly appointed representative of Virtual Marketing Services, Inc. Any attempt by any person(s) except representatives of Virtual Marketing Services, Inc. to de-compile, reverse engineer, copy, replicate or alter any of the contents is prohibited. All person(s) found attempting such actions will be prosecuted to the maximum extent allowed under United States of America Federal Copyright Laws. |
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3. BREACH OF THIS AGREEMENT. You hereby agree that, in the event of any breach by you of any provision of this License Agreement, LICENSOR shall be entitled to adopt against you any measure, including, but not limited to, seeking immediate injunctive relief and compensation for any loss or damage incurred by LICENSOR arising out of your breach of the Agreement. GENERAL PROVISIONS. This License Agreement shall be construed and governed in accordance with the substantive laws of the State of Michigan without giving effect to the law of conflicts of law thereof. You and the LICENSOR both ("We" or "Us") hereby submit to the jurisdiction any court in Oakland County, Michigan which may have subject matter jurisdiction over an claim between Us for the purpose of any litigation related to this License Agreement, the SOFTWARE or the PROGRAM or other matters related thereto, whether such matters arise in contract, tort or otherwise; and We hereby waive, and agree not to assert, as a defense in any action, suit or proceeding that they are not subject to the jurisdiction of such courts or that the proceeding is brought in an inconvenient forum or that venue of the suit, action or proceeding is improper. If any action is brought by either party to this License Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorneys' fees and the expenses of litigation. Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. |
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FURTHER INFORMATION Because it is impossible for Licensor to know the purpose for which you acquired the SOFTWARE or PROGRAM or the use to which you will put it, you assume full responsibility for the selection of the SOFTWARE or PROGRAM for its use and results of that use. Should you have any questions concerning this License, you may contact the Licensor below. The SOFTWARE and PROGRAM and accompanying materials are commercial computer software provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the government is subject to restrictions as set forth in (a) this Agreement pursuant to DFARs 227.7202-3(a); (b) subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARs 252.227-7013; or (c) the Commercial Computer Software Restricted Rights clause at FAR 52.227-19 subdivision (c)(1) and (2), as applicable. Contractor/manufacturer is Virtual Marketing Services, Inc. |
| Virtual Marketing Services, Inc. |
| 1136 Nokomis Way |
| Waterford, MI 48328 |
| Telephone: (248) 683-3346 |
| Facsimile: (248) 683-9513 |
| E-Mail: rfershtman@marketvitually.com |