TERM AND CONDITIONS INCLUDING THE CARVELL PRODUCTIONS NON EXCUSIVE RESALE LICENSE AGREEMENT ("AGREEMENT")

     
 
 
 
1. LICENSE GRANT. This is a legal agreement between you, and Carvell Productions. 
Carvell Productions grants to You, a nontransferable, nonexclusive license to re-sell 
the DVD name C-Fitness. It will also provide you with 4 other DVD’s including, Ho to 
Produce fitness DVD’s for Profit, The Fitness Video Editing Toolbox, Flash Animated 
Exercise Demonstrations and The Total Core Workout. Apart DVD named C-fitness you do 
not have Re Sell rights to any of the other DVD’s mentioned and these will be for you 
own use only.
 
You have a non-transferable license to resale the DVD names C-Fitness under the terms 
of this License. Neither You or a third party on your behalf are allowed to create an 
application or modification of the footage with the DVD named C-Fitness. Your use of 
the DVD may not exceed the scope of the use provisions above without the express written 
agreement of Carvell Productions and Your payment of additional license fees. You also have
Reprinting rights of art work that goes in hand with production DVD named C-Fitness.
 
2. COPYRIGHT. All footage or DVD’s contains proprietary information owned by Carvell 
Productions or its third party licensors and is protected by International copyright 
laws and international trade provisions. You must treat the video footage of all DVD’s 
mentioned under section LICENSE GRANT like any other copyrighted material and. You may 
copy, transfer or transmit the video footage, electronically or otherwise, of DVD named 
C-Fitness only, for the sole purpose of creating a product to sell. All permitted copies 
of the video footage must include Carvell Productions copyright and other proprietary notices.
 
3. OTHER RESTRICTIONS. 
You agree that the Video Footage and complete products as mentioned in section LICENSE 
GRANT, are proprietary products and that all rights, title and interest in and to the 
Video Footage, including all associated intellectual property rights, are and shall at 
all times remain with Carvell Productions. You may not sublicense, assign, transfer, 
lend or lease the Video Footage, or any portions thereof, and any attempt to do so is 
null and void. The video footage of the DVD C-Fitness and the complete product DVD are 
not allowed to be sold for a price less then $14.95. The video footage of the DVD 
C-Fitness and the complete product DVD named C-Fitness are not allowed to be provided 
free of charge to any individual or to a group of people or as a pack or part of another 
product. You agree to make full payment of $497 to Carvell Productions on the 
November 1 2005 without delay for the DVD pack in question. Carvell Productions reserves 
the right to charge late fees for overdue payments.
 
 
4. NO OTHER WARRANTIES. CARVELL PRODUCTIONS DOES NOT AND CANNOT WARRANT THE PERFORMANCE 
OR RESULTS OBTAINED BY YOU IN USING THE VIDEO FOOTAGE OF ANY OF THE DVD’S MENTIONED IN 
SECTION “LICENSE GRANT”, OR THAT THE VIDEO FOOTAGE OF ANY OF THESE DVD’S, WILL MEET YOUR 
REQUIREMENTS OR THAT THE OPERATION OF THE VIDEO FOOTAGE WILL BE UNINTERRUPTED OR ERROR FREE. 
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE VIDEO FOOTAGE IS LICENSED "AS IS" AND CARVELL 
PRODUCTIONS EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES WITH RESPECT TO THE VIDEO 
FOOTAGE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF 
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
 
8. LIMITATION ON LIABILITY. IN NO EVENT WILL CARVELL PRODUCTIONS BE LIABLE FOR ANY 
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT 
LIMITATION, DAMAGES FOR LOST PROFITS, OPPORTUNITIES OR CONTRIBUTIONS, BUSINESS INTERRUPTION, 
LOSS OF BUSINESS INFORMATION, GOOD WILL, OR OTHER PECUNIARY OR NON-PECUNIARY LOSS) ARISING 
OUT OF THE USE OF OR INABILITY TO USE VIDEO FOOTAGE OF ANY OF THE DVD’S MENTIONED IN SECTION 
“LICENSE GRANT”, EVEN IF CARVELL PRODUCTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
IN NO EVENT WILL CARVELL PRODUCTIONS LIABILITY EXCEED THE LICENSE FEES PAID BY YOU DURING 
THE TWO-YEAR PERIOD PRECEDING NOTICE TO CARVELL PRODUCTIONS OF YOUR LOSS.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.CARVELL 
PRODUCTIONS TAKE NO RESPONSIBILITY FOR ANY ILLEGAL ACTIONS YOU MIGHT PERFORM USING ANY OF 
THE VIDEO FOOTAGE OF ANY OF THE DVD’S. CARVELL PRODUCTION ALSO TAKES NO RESPONSIBILITY FOR 
ANY LAWS AND REGULATIONS YOU BRAKE OR WHICH YOU HAVE TO ABIDE TOO WITHIN YOUR COUNTRY AND STATE 
REGARDING DISTRIBUTION OF VIDEO FOOTAGE IN ANY WAY OR ANY OTHER RULES.
 
9. TERMINATION. This license is effective until terminated. Carvell Productions may terminate 
at our option upon your failure to comply with any material term and condition hereof. In 
the event of termination, all the sections of the license will survive except the License Grant. 
Carvell Production can also terminate or change any part of this agreement at any time with full 
affect without providing reason for doing so. This will not cancel your license and will not allow 
you to claim a refund in any way.
 
10. VIDEO FOOTAGE MODIFICATIONS. Other than modifications made by Carvell Productions to the Video 
Footage, any modifications are band and not allowed.
 
11. MISCELLANEOUS. This Agreement and your Agreement to Purchase together set
forth the entire agreement between the parties with respect to the subject
matter hereof and all other agreements, representations, communications and
understandings, both oral and written, are superceded hereby. If any court of 
competent jurisdiction declares any term of this Agreement void or unenforceable, t
hat declaration shall have no effect on the remaining terms hereof. The failure by either party 
to enforce any rights granted hereunder or to take action against the other party in the event of 
any breach of this Agreement will not be deemed a waiver by that party as to the subsequent 
enforcement of rights or subsequent actions in the event of future breaches. Neither party shall 
be liable for any delay, nonperformance or related damages if such delay or nonperformance was due 
to causes beyond its reasonable control, including, but not limited to acts of God, civil emergencies, 
electrical power failure, loss of communications, or the delay of the other party or third parties.

 

 
     

 


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