License Agreement

Effective: August 1, 2006

User Notice

This is a contract. By making a purchase or downloading Marketing Plan Success (the “Product”) from Business Plan Success or Marketing Plan Success you accept all terms and conditions outlined in this agreement. Please read this agreement carefully before using this product.

Upon your acceptance of this agreement, we grant you a nonexclusive right to use the data, provided you agree to the following:

Use of Product

You may download Marketing Plan Success from http://www.business-plan-success.com/ or http://www.marketing-plan-success.com/ and store it on a hard disk or other storage device. You may make unlimited copies of this data for your personal use, provided that this agreement accompanies every copy made. The Excel templates may not be distributed outside your business or organization in any form. The User’s Guide may not be distributed outside your business or organization in any form. The Word template (this file) may be distributed outside your organization provided that it is distributed in such a way that it cannot be modified by the recipient (i.e. in a printed hard copy or protected .DOC or .PDF file). The sample marketing plan may not be distributed outside your organization in any form.

Copyright and Trademark Rights

The data on this website is owned by Business Plan Success. The structure, organization and code related to this data are also owned by this company. This product is protected by United States Copyright Law and International Treaty provisions. You may use trademarks only to comply with this agreement. Use of the trademark does not give you any rights of ownership in that trademark. Except as stated above, this agreement does not grant you any intellectual property rights in the data.

Restrictions

You are free to modify and/or adapt any data provided for your own use, reproduction, as well as unlimited use within your organization. This data is licensed and distributed by the Business Plan Success. Redistribution or reselling is permitted only within the parameters outlined in this license agreement or with the express written permission from Business Plan Success.

No Warranty

This product is being delivered to you ‘as is’ and the Company makes no warranty as to its use or performance. The company does not and can not warrant the performance or results you may obtain by using the data or documentation. The Company makes no warranties, expressed or implied, as to noninfringement of third party rights, merchantability, or fitness for any particular purpose. In no event will the company be liable to you for any consequential, incidental, or special damages, including any lost profits or lost savings, even if a company representative has been advised of the possibility of such damages, or for any claim by any third party. Some states or jurisdictions do not allow the exclusion or limitation or incidental, consequential, or special damages, or the exclusion of the implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

Support

The Company will provide reasonable support to assist you with downloading and accessing the product for 30 days after its purchase. Reasonable support will be determined by the Company. Under no circumstances will the Company be under any obligation to provide a hard-copy of the product, upgrades, enhancements, modifications, or other support, including, without limitation, phone support.

Software

By accepting this agreement, you acknowledge that you are downloading a collection of documents collectively known as the Data. You also acknowledge that your computer has the necessary software to open and view these documents. These requirements are described on our website product page. The Company is under no obligation to support software necessary to view these documents. Limited support may be available upon request.

Governing Law and General Provisions

This Agreement will be governed by the laws of the State of Utah, U.S.A., excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of the Company.

Notice to Government End Users

The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. ß2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. ß12.212 or 48 C.F.R. ß227.7202, as applicable. Consistent with 48 C.F.R. ß12.212 or 48 C.F.R. ßß227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Other

Unpublished rights reserved under the copyright laws of the United States.

Business Plan Success is a trademark of Business Plan Success.

Marketing Plan Success is a trademark of Business Plan Success