The MAGIC Workout™ is a personal and professional development system (the “System”) that is embodied in software (the “Software”). Both the System and the Software are the exclusive property of Communico, Ltd. (“Communico”). If you agree to the following terms and conditions, Communico will grant you the limited right to make use of the System and the Software. These Terms and Conditions of Use describe your limited right.
1. Grant of Permission. Communico is granting you permission to use the System and the Software for the purpose of assisting you in your personal and professional development. You may not use the System or the Software as a substitute for the MAGIC® course materials when teaching a MAGIC® program.
2. Manner of Use. You may access the Software and the System through Communico’s website (www.Communicoltd.com). Communico will provide you with an access code and password for this purpose. You will receive no other means of accessing the Software and the System. You must utilize the Software and the System in accordance with the instructions and directives set forth in the Software.
3. Copying. You acknowledge that Communico is the owner of the copyrights in the System and the Software. You will not copy, alter, imitate, improve, modify, edit, publish, package, or distribute the System or the Software or any portion thereof without the express written consent of Communico. You may copy the screens produced by the Software in the Workout results area.
4. Reverse Engineering. At no time will you attempt to recreate, reverse engineer, decompile, or otherwise imitate or infringe any aspect of the Software or any algorithms employed by the Software.
5. Ownership. Communico retains all of its ownership rights, title, and interest in and to (a) the Software; (b) the System; (c) its trademarks; and (d) any patent, copyright, technology, trade secret, or know-how incorporated into the Software. This includes all rights in all material that is displayed and/or heard through use of the Software. You are not acquiring any rights whatsoever in the Software, the System, or any Communico trademark.
6. Derivative Works. You have no right to create derivative works of any kind that are based in any way on the Software.
7. Possession. The Software shall remain in the possession of Communico at all times. You will have no right to possess a copy of the Software or any portion thereof.
8. References. If you publish any communication (including articles, books, promotional messages, and job aids) in any media that makes reference to the MAGIC trademark, each such reference must be accompanied by the following notice: “MAGIC® is a registered trademark of Communico, Ltd., Westport, Connecticut. All rights reserved.” You will provide Communico with a sample of any such communication. Communico shall have the right to require you to refrain from publishing any such communication that it finds objectionable in its sole judgment.
9. Termination. Communico may terminate your right to use the Software and the System at any time and for any reason. If it does so, it will refund a pro rata portion of the license fee.
10. Effect of Expiration or Termination. When your right to use the Software and the System terminates, you will immediately cease all use of the System and Software. Your access to this material will terminate immediately. Your obligations under Sections 3, 4, 5, 6, 7, 8, 10, 11, and 12 shall remain in full force and effect indefinitely.
11. Liability of Communico. The cumulative liability of Communico to you for any loss or damage, direct or indirect, from any cause whatsoever, shall not under any circumstances exceed the amount of the fee that you paid to Communico to use the Software and the System.
12. No Consequential Loss. Communico shall have no liability to you for indirect or other consequential losses (including without limitation loss of business, loss of profits, or exemplary or punitive damages).
13. No Partnership/Joint Venture. Nothing in these Terms and Conditions of Use is intended to nor shall it be construed in any way to create a partnership, joint venture or agency relationship between Communico and you. You do not have the right to act on behalf of Communico in respect of any matter that is the subject of these Terms and Conditions.
14. Waiver and Severability. The failure of any party to enforce any of the provisions hereof shall not be construed as a waiver of the right of such party thereafter to enforce such provisions. The Terms and Conditions stated herein are severable. If any provision of these Terms and Conditions shall be held to be invalid, illegal, or unenforceable, it shall be enforced to the maximum extent possible. The validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
15. Governing Law and Forum. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Connecticut, USA. All disputes under the license or these Terms and Conditions will be subject to the exclusive jurisdiction of the state and federal courts located in the State of Connecticut, USA.
I hereby agree to abide by these Terms and Conditions.