CHURCH OF GOD PUBLICATIONS/ONE ACCORD (“COGP/OA”)
DIGITAL PRODUCT END-USER LICENSE AGREEMENT
Please read this End User License Agreement (“License”) between you, the registered end-user, and COGP/OA before completing this transaction and/or accessing a COGP/OA Product (defined below). By completing this transaction, licensing, downloading, and/or accessing the COGP/OA Product, you agree on behalf of yourself (and the organization for which you are licensing, downloading, and/or accessing the COGP/OA Product, where applicable) to be bound by the terms of this License. If you do not agree to the terms of this License, do not complete this transaction or access the COGP/OA Product.
IMPORTANT: You are not authorized or permitted to reproduce, share, post, alter, or distribute any content, including without limitation text, graphics, images, video, audio, charts, widgets, user interfaces, visual interfaces, trademarks, logos, software code, and other copyrighted or otherwise proprietary content included in the COGP/OA Product (defined below) except as expressly permitted by a specific element of a COGP/OA Product or this License. You may not resell, relicense, or distribute your COGP/OA Product to any other person or entity.
- License Terms.
- Subject to your full payment for the COGP/OA Product(s) and compliance with Sections 1, 2, and 6, herein, COGP/OA hereby grants to you a non-exclusive, worldwide, perpetual license to access and display the COGP/OA Products in accordance with this License on authorized devices under your exclusive control, solely for your personal, non-commercial use. You may not sell, rent, lease, lend, redistribute, or sublicense any COGP/OA Product. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the COGP/OA Products or any part thereof, including any digital rights management or other security technology.
- COGP/OA reserves all rights not expressly granted to you in this License. The rights granted herein are limited to COGP/OA’s and its licensors’ intellectual property rights in the COGP/OA Products and do not include any other intellectual property rights. You own the device on which the COGP/OA Products are accessed but COGP/OA and/or COGP/OA’s licensor(s) retain ownership of the COGP/OA Products themselves. The terms of this License will govern any updates provided by COGP/OA that replace and/or supplement the original COGP/OA Products, unless such update is accompanied by a separate license in which case the terms of that license will govern.
- Electronic Contracting.You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreement and transaction. Your agreement and intent to be bound by electronic submissions applies to all records relating to this transaction or related to the COGP/OA Product, including notice of cancellation, policies, contracts, and applications.
- Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE COGP/OA PRODUCTS (AS DEFINED ABOVE) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THIS LICENSE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COGP/OA PRODUCTS ARE PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COGP/OA AND COGP/OA’S LICENSORS (COLLECTIVELY REFERRED TO AS “COGP/OA” FOR THE PURPOSES OF SECTIONS 4 AND 5), TO THE FULL EXTENT ALLOWED BY LAW, HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE COGP/OA PRODUCTS AND CONTENT, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COGP/OA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COGP/OA PRODUCTS, THAT THE FUNCTIONS CONTAINED IN THE COGP/OA PRODUCTS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE COGP/OA PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COGP/OA PRODUCTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COGP/OA OR A COGP/OA AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE COGP/OA PRODUCTS OR CONTENT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability.
- TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COGP/OA BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THIS TRANSACTION OR YOUR USE OR INABILITY TO USE THE COGP/OA PRODUCTS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF COGP/OA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
- In no event shall COGP/OA’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the greater of the amount you paid for the COGP/OA Products or fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- Use of Content. You agree that the COGP/OA Products include content and proprietary information that is owned by COGP/OA and/or its licensors and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such content in any way whatsoever except as expressly permitted by this License or applicable law. No portion of the content in the COGP/OA Product may be reproduced in any form or by any means except as allowed within the COGP/OA Product. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the content of the COGP/OA Product, in any manner, and you shall not exploit the content in any unauthorized way whatsoever.
- A COGP/OA Product labeled or otherwise identified by COGP/OA as an update replaces and/or supplements the prior COGP/OA Product you licensed. Only you are eligible to use the update and may only do so in accordance with the terms of this License.
- If a COGP/OA Product you obtain from COGP/OA or COGP/OA’s licensee is corrupted or unusable, please contact the COGP/OA Support contact to inquire about a replacement. As the product is digital, no returns of COGP/OA Products will be accepted at any time. Refunds are in the discretion of COGP/OA.
- Customer Warranty. By your purchase, installation, or use of the COGP/OA Product, you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” nation, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- Support Services.We may provide support services related to the Licensed Application (“Support Services“) in our sole discretion. Any supplemental software code provided to you as part of the Support Services shall be considered part of the Licensed Application and subject to the terms and conditions of this License. With respect to technical information you provide to COGP/OA as part of the Support Services, COGP/OA may use such information for its business purposes, including for product updates and development.
- Term and Termination.This License is effective until terminated. Your rights under this License will terminate automatically without notice from COGP/OA if you fail to comply with the terms of this License. Upon the termination of this License, you shall cease all use of the COGP/OA Products and destroy or permanently delete all copies, full or partial, of the COGP/OA Products. COGP/OA’s failure to insist upon or enforce your strict compliance with this License will not constitute a waiver of any of its rights. We reserve the right to suspend or end the Services at any time in our discretion and without notice.
- Non-Assignability.This License granted to you is personal in nature and you may not assign or transfer the License or any of the rights or obligations hereunder. Any such purported assignment or delegation is void. COGP/OA may transfer or assign the License or any of its rights or obligations hereunder without notice or consent, including without limitation in the event of a merger or consolidation or the purchase of a portion of or all of COGP/OA’s assets.
- Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of Tennessee, as applied to agreements entered into and to be performed entirely within Tennessee between Tennessee residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
Revised September 2021