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The LostStories Licensing Agreement
THESE LICENSE TERMS ARE AN AGREEMENT BETWEEN W. KENT SMITH AND YOU. PLEASE READ THEM CAREFULLY. THEY APPLY TO INTELLECTUAL PROPERTY RIGHTS, WHICH INCLUDES THE MEDIA ON WHICH YOU RECEIVED IT. THE LICENSE TERMS ALSO APPLY TO W. KENT SMITH AND ITS UPDATES, SUPPLEMENTS, INTERNET-BASED SERVICES, AND SUPPORT SERVICES, ALL OF WHICH ARE INCLUDED UNDER THE HEADING OF INTELLECTUAL PROPERTY RIGHTS, UNLESS OTHER LICENSE TERMS ACCOMPANY THOSE ITEMS. BY UTILIZING THE INTELLECTUAL PROPERTY LOCATED ON THIS WEB SITE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT VIEW OR USE THE INTELLECTUAL PROPERTY ON THIS SITE.
1. USAGE RIGHTS. The intellectual property rights being offered by W. Kent Smith are currently being licensed on strictly a "per device" basis. If you comply with this agreement, for each license you appropriate, you will have the following rights and privileges:
a. General. You may install and use an unlimited number of pages of the intellectual property located on The LostStories Channel web site.
b. Distribution. You may copy and distribute this intellectual property, provided that each article, story, or screenplay are complete and unmodified, including a presentation of this licensing agreement for each user's acceptance.
c. Available Titles. You may read the following material, which is currently protected under the Copyright Office in accordance with title 17, United States Code. Registration for said works can be found as part of the Copyright Office records in Washington, D.C. Effective Date of Registration: December 20, 2005.
StrangeLand: The Series
A
Strange World: The Face of Truth
Snow
Madness
Driven
The
Mirror Man
The Spider's Web: A True Story of Nazi Escape
Lost
Stories Revealed: Hidden Wisdom for a Modern Age
Once
Upon a Mystery
In
Search of a Narrator
Dawn
of Time
Day
of a Thousand Years
Fire
and Blade
The
Mystery of the One
Trial
by Fury
Farewell
to Achuzan
Post
Script to Time
d. Other Titles. You may also read the following material, which is currently protected under the Copyright Laws of the State of California.
The
LostStories Journal
"A"
is for Archeology
The
Power of the Imagination
Forgotten
Heroes of History
The
Know Zone
Lost
in Time
The
Men Behind the Myths
The
Milestone Minute
News
and Reviews
The
Art of Stating the Obvious
The
LostStories Mystery
The
Guardians of Wisdom
The
LostStories Dilemma
Two
Friends over One Lunch
Spy Games: A Family Affair
Book of Days: The Story of Daniel the Prophet
2. EXPORT RESTRICTIONS. The intellectual property rights being licensed by W. Kent Smith are subject to U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the intellectual property rights. These laws include restrictions on destinations, end users, and end use. For additional information, write to wkent@loststories.net.
3. SCOPE OF LICENSE. The intellectual property rights are licensed, not sold. This agreement only gives you some rights to use the intellectual property. W. Kent Smith reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the intellectual property only as expressly permitted in this agreement. You may not:
a. make more copies of the intellectual property than specified in this agreement or allowed by applicable law,
b. publish the intellectual property for others to copy,
c. rent, lease or lend it, or
d. use it for commercial purposes, without providing adequate compensation to W. Kent Smith.
4. ENTIRE AGREEMENT. This agreement and any amendments to it, and the terms for supplements, updates, Internet-based services, and support services are the entire agreement for the intellectual property and support services.
5. APPLICABLE LAW. If you acquired the intellectual property:
a. Inside the United States. California state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the intellectual property in any other country, the laws of the country where you live apply.
6. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the intellectual property being granted to you by W. Kent Smith. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit you to do so.
7. DISCLAIMER OF WARRANTY. THE INTELLECTUAL PROPERTY RIGHTS BEING GRANTED BY W. KENT SMITH ARE LICENSED "AS IS" AND WITH ALL THEIR FAULTS. WE GIVE NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, WE EXCLUDE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8. LIMITATIONS ON AND EXCLUSIONS OF DAMAGES. YOU CAN RECOVER FROM W. KENT SMITH AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO US$5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES. This limitation applies to:
a. any matter related to the intellectual property, services, content (including code) on third party Internet sites, or third party programs, and
b. claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
