SublimX® License Agreement & Legal Notices
Last Updated: October 5, 2005
This document contains IMPORTANT provisions.
Please READ it CAREFULLY.
License Agreement
WARNING -- Our lawyers want us to tell you this:
If the user or the intended user of SublimX® currently has,
has ever had, may have had, is believed to may have had, or is
suspected to have had any indication, symptom, or history of
psychiatric, psychological, behavioral, emotional, neurological,
or ophthalmological diseases, disorders, defects, injuries, or any
other kind of problem whatsoever, please consult a qualified
health care provider before using SublimX.
The SublimX CD may include some third party software
products. The license granted by this License Agreement
applies solely to the products of Subliminal Technologies,®
a division of Virtual Media Technologies,™ Inc. Any use of
the third party products is governed by the license
agreements of the manufacturers of those products. In
addition, this License Agreement contains several provisions
that relate to the installation or use of the third party
products included on the SublimX CD.
Installing, downloading, copying, or otherwise using this
product indicates your acknowledgment that you have read
this license and agree to its terms.
- If you are reviewing this license agreement as a part
of obtaining a copy by downloading it from a web site
and do not agree with the terms of this agreement,
please stop the download process.
- If you are reviewing this license agreement as a part
of a mail order entered on a web site and do not agree
with the terms of this agreement, please stop and
cancel the ordering process.
- If you have obtained this copy of SublimX from a
retailer and you do not agree with the terms of this
agreement, return the complete product to your dealer
within 10 days of the date you acquired it for a full
refund. If you cannot obtain a refund from the dealer,
you may contact us by writing to Subliminal
Technologies, a division of Virtual Media
Technologies,™ Inc., 445 North Pennsylvania Street,
Suite 600, Indianapolis, Indiana 46204.
This license agreement is your proof of license. Please treat
it as valuable property.
Attention. This is a license, not a sale. This product is
provided under the following license that defines what you may
do with the product and contains limitations on warranties and
remedies available to you.
- License. Subliminal Technologies, a division of
Virtual Media Technologies, Inc., provides you with
storage media containing a computer program (the
"Program") which may also include online or electronic
documentation, License (the "License"), and other printed
materials (together called the "Product") and grants you a
license to use the Product in accordance with the terms of
this License.
If you receive our products through online downloading,
Subliminal Technologies, a division of Virtual Media
Technologies, Inc., provides you with electronic file or files
containing a computer program (the "Program") which may
also include online or electronic documentation, License
(the "License"), and other printed materials (together called
the "Product") and grants you a license to use the Product in
accordance with the terms of this License.
In addition, the term "Product" as used in this License refers
to all products of Subliminal Technologies, a division of
Virtual Media Technologies, Inc., that you are or will be
authorized to use as a result of owning a licenses to use any
of our products. The term "Product" shall also include any
use of any of the web sites operated by Virtual Media
Technologies, Inc., and the software provided for
downloading authorized products, upgrades, and samples
from those web sites.
The copyright and all other rights to the Product shall remain
with Virtual Media Technologies, Inc. and its suppliers
when applicable. You agree to reproduce any copyright or
other notice marked on the Product on all authorized copies
you make.
- Rights Granted to You. Under the license granted, you
may do the following:
- Install and use one copy of the Product on a single
computer. No more than one user may use this
copy at a time. If you wish to use the Product for
more than one user, you must purchase an
additional copy or license for each user.
- Make one copy of the Product for archive or backup purposes.
- Use a copy of the Product on a home or portable
computer if that copy is never loaded at the same
time it is loaded on your primary computer.
- Transfer the Product to someone else only if you
assign all of your rights under this License, cease all
use of the Product, erase or destroy any copy
(including the hard disk copy) made in connection
with, or in support of, your use of the Product, and
obtain the agreement of the other person to the
terms of this License.
- Limitations on Your Rights. You may NOT do the
following:
- Use the Product or make copies of it except as
permitted in this License;
- Translate, reverse engineer, decompile, or
disassemble the Product except to the extent law
expressly prohibits these restrictions;
- Rent, lease, assign, or transfer the Product except as
set out in paragraph (2) above;
- Modify the Product or merge all or any part of the
Product with another program;
- Create scandalous, obscene or immoral works using
the Product;
- Redistribute, sell or publish the images, sound files, or
fonts (if any) included with the Product;
- Add, modify, or delete images to the image libraries
supplied with the program as a part of the Product;
- Use the images, sound files, or fonts (if any) in
electronic format or distribute the same on-line or in
multimedia applications; and
- Use the Product to display images that are not made
available to the public by Subliminal
Technologies.
- Additional Restrictions on Your Rights. You agree NOT
to modify the Product in any way and in particular not in any
way by which the program's icon is not displayed in the system
status tray or on the taskbar. You further agree NOT to cause
subliminal messages to be broadcast to another individual
without the individual's consent and full knowledge except
where the law of your jurisdiction allows you to do so with
respect to a particular individual (such as your minor children).
In the event you purchase the Product for online downloading,
you agree to use reasonable precautions to protect your Download
Certificate, not to share it with a person who is not authorized
to download the Product on your behalf, and to complete the
download process within thirty (30) days of purchase.
The product may be downloaded only once and you must make a
backup copy in the event you need to reinstall it in the
future.
- Term of License. This License shall continue for
as long as you use this Product. However, it will terminate
if you fail to comply with any of its terms or conditions.
You agree that, upon termination of the License, you will
destroy all copies of this Product. Various provisions
of this License including, among others, its provisions
relating to the limitation of warranties and liability,
shall continue in force even after termination.
- Warranty. WE WARRANT THAT THE STORAGE MEDIA
IN THIS PRODUCT WILL BE FREE FROM DEFECTS IN
MATERIALS AND WORKMANSHIP FOR NINETY (90) DAYS
FROM THE DATE YOU ACQUIRE IT. IF SUCH A DEFECT
OCCURS, RETURN THE MEDIA TO US AT SUBLIMINAL
TECHNOLOGIES, A DIVISION OF VIRTUAL MEDIA
TECHNOLOGIES, INC., 445 NORTH PENNSYLVANIA
STREET, SUITE 600, INDIANAPOLIS, INDIANA 46204,
U.S.A., AND WE WILL REPLACE IT FREE OF CHARGE. IF
NO MEDIA EXISTS BECAUSE YOU DOWNLOADED THE
SOFTWARE FROM THE WEB, PLEASE NOTIFY US BY
SENDING AN EMAIL TO Support@SublimX.com AND WE
WILL PROVIDE FOR ANOTHER DOWNLOAD.
THIS REMEDY IS YOUR EXCLUSIVE REMEDY FOR
BREACH OF WARRANTY. IT GIVES YOU CERTAIN
RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT MAY
VARY FROM JURISDICTION TO JURISDICTION.
- Limitations of Warranties and Liability.
EXCEPT FOR THE EXPRESS WARRANTY ABOVE,
THIS PRODUCT IS PROVIDED ON AN "AS IS" BASIS,
WITHOUT ANY OTHER WARRANTIES OR CONDITIONS,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF MERCHANTABLE QUALITY,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR THOSE ARISING BY LAW, STATUTE,
USAGE OF TRADE, OR COURSE OF DEALING.
YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS
AND PERFORMANCE OF THIS PRODUCT.
NEITHER WE NOR OUR AGENTS, DIVISIONS, DEALERS,
DISTRIBUTORS OR SUPPLIERS SHALL HAVE ANY
LIABILITY TO YOU OR ANY OTHER PERSON OR
ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER,
INCLUDING, BUT NOT LIMITED TO, LOSS OF
REVENUE OR PROFIT, LOST OR DAMAGED DATA,
ALLEGED OR ACTUAL PSYCHOLOGICAL, EMOTIONAL,
OR PHYSICAL INJURIES, OR OTHER COMMERCIAL
OR ECONOMIC LOSS, INCLUDING (WITHOUT
LIMITATION) ATTORNEY'S FEES, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR THEY ARE FORESEEABLE.
WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A
THIRD PARTY. THE MAXIMUM AGGREGATE LIABILITY OF
US, OUR AGENTS, DIVISIONS, DEALERS,
DISTRIBUTORS AND SUPPLIERS TO YOU--
WHICH LIABILITY SHALL ONLY BE AVAILABLE FOR
BREACH OF THE WARRANTY AS NOTED IN SECTION 6--
SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR
THIS PRODUCT. THE LIMITATIONS IN THIS SECTION
SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH
OR DEFAULT IS A BREACH OF A FUNDAMENTAL
CONDITION OR TERM OR A FUNDAMENTAL BREACH.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO ALL OR SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
SUBLIMX TITLES ARE PUBLICATIONS CONTAINING
MESSAGES AIMED AT SELF-IMPROVEMENT AND
LEARNING PURSUITS. SUBLIMX IS A COMPUTER
PROGRAM THAT AUTOMATICALLY TRANSMITS
SUBLIMINAL MESSAGES IN VARIOUS SUBLIMX TITLES
TO THE COMPUTER USER. THESE MESSAGES ARE
AIMED AT SELF-IMPROVEMENT OR LEARNING
ENDEAVORS. THESE MESSAGES ARE DISPLAYED BY
SUBLIMX WITHOUT ANY EFFORT ON THE USER'S
PART. TO THE EXTENT THAT SUBLIMX
AUTOMATICALLY AND REPEATEDLY DISPLAYS THESE
MESSAGES, THE TASK OF DISPLAYING AND
REPEATING THE MESSAGES ARE ACCOMPLISHED
FREE OF ANY EFFORT ON THE USER'S PART. AS ANY
OTHER SELF-IMPROVEMENT AND LEARNING
PUBLICATION (SUCH AS A BOOK), SUBLIMX SHOULD
SERVE ONLY AS A COMPONENT OF AN OVERALL PLAN
FOR ANY PURSUIT OF SELF-IMPROVEMENT OR
LEARNING. DO NOT CUT BACK ON THE OTHER
EFFORTS THAT YOU ARE UNDERTAKING REGARDING
A SELF-IMPROVEMENT OR LEARNING PURSUIT (FOR
EXAMPLE, DO NOT STOP SENDING YOUR CHILDREN
TO SCHOOL). YOU SHOULD ONLY USE SUBLIMX IN
CONJUNCTION WITH ALL OTHER EFFORTS THAT YOU
WOULD HAVE ORDINARILY UNDERTAKEN IN ABSENCE
OF SUBLIMX.
YOU AGREE THAT BEFORE USING SUBLIMX OR
IMMEDIATELY THEREAFTER YOU WILL REVIEW THE
MESSAGES INCLUDED ON YOUR SUBLIMX TITLE(S)
AND ENSURE THAT THOSE MESSAGES ARE
APPROPRIATE FOR YOU OR THE INTENDED USER OF
SUBLIMX. YOU MAY, AND SHOULD, PRINT A LIST OF
THE MESSAGES AND CONSULT A PROFESSIONAL, IF
YOU ARE UNDER THE CARE OR SUPERVISION OF A
PROFESSIONAL IN CONNECTION WITH ANY MATTER IN
ANY WAY RELATING TO THE SUBJECT OF THE
SUBLIMX TITLE YOU HAVE INSTALLED ON YOUR
COMPUTER.
- Third-Party Products and Limitations of Warranties and
Liability. The SublimX CD may include some third-party
products such as DirectX by Microsoft Corporation and
Acrobat Reader by Adobe Systems Incorporated. You
understand and agree that these products are provided free of
charge and solely for your convenience. YOU UNDERSTAND
AND AGREE THAT VIRTUAL MEDIA TECHNOLOGIES DOES
NOT WARRANT OR SUPPORT THESE PRODUCTS AND
ASSUMES NO RESPONSIBILITY WITH RESPECT TO
THEM. You further understand and agree that these products
are subject to the respective license agreements of their
respective owners and agree that you will install or use these
products only if you agree to abide by the terms of those
agreements after reviewing them.
THE THIRD-PARTY PRODUCTS ARE PROVIDED ON AN
"AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES OR
CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF MERCHANTABLE
QUALITY, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OR THOSE ARISING BY LAW,
STATUTE, USAGE OF TRADE, OR COURSE OF DEALING.
YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS
AND PERFORMANCE OF THESE PRODUCTS. NEITHER
WE NOR OUR AGENTS, DIVISIONS, DEALERS,
DISTRIBUTORS OR SUPPLIERS SHALL HAVE ANY
LIABILITY TO YOU OR ANY OTHER PERSON OR
ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS
OF REVENUE OR PROFIT, LOST OR DAMAGED DATA,
ALLEGED OR ACTUAL PSYCHOLOGICAL, EMOTIONAL, OR
PHYSICAL INJURIES, OR OTHER COMMERCIAL OR
ECONOMIC LOSS, INCLUDING (WITHOUT LIMITATION)
ATTORNEY'S FEES, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE
FORESEEABLE.
WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A
THIRD PARTY. IF, DESPITE THE PROVISIONS OF THIS
SECTION, THE LAW ALLOWS US OR OUR AGENTS,
DIVISIONS, DEALERS, DISTRIBUTORS AND
SUPPLIERS TO BE HELD LIABLE IN ANY
WAY RELATING TO THE MATTERS DISCUSSED IN THIS
PARAGRAPH, THE MAXIMUM AGGREGATE LIABILITY OF
VIRTUAL MEDIA TECHNOLOGIES, INC., AND ITS
AGENTS, DIVISIONS, DEALERS, DISTRIBUTORS
AND SUPPLIERS AND YOUR EXCLUSIVE REMEDY
FOR ANY DAMAGES (AS DESCRIBED ABOVE) SHALL
NOT EXCEED FIVE DOLLARS (US$5.00).
FURTHERMORE, IN NO EVENT SHALL THE
MAXIMUM AGGREGATE LIABILITY OF US AND OUR
DIVISIONS, DEALERS AND SUPPLIERS TO YOU EXCEED
THE AMOUNT PAID BY YOU FOR OUR PRODUCT.
THE PROVISIONS OF THIS SECTION IN NO WAY
ENLARGE THE REMEDIES AVAILABLE TO YOU BY THE
OTHER PROVISIONS OF THIS LICENSE AGREEMENT
THAT REMEDIES SHALL ONLY BE AVAILABLE FOR
BREACH OF THE WARRANTY AS NOTED IN SECTION 6.
THE LIMITATIONS IN THIS SECTION (THAT IS SECTION
8) SHALL APPLY WHETHER OR NOT THE ALLEGED
BREACH OR DEFAULT IS A BREACH OF A
FUNDAMENTAL CONDITION OR TERM OR A
FUNDAMENTAL BREACH. SOME JURISDICTIONS MAY
NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, SO ALL OR SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
- Restricted Rights. If this software program or
Product is acquired by or for the United States Government,
then it is provided with restricted rights. Use, duplication,
or disclosure by the United States Government is subject to
restrictions provided under subparagraph (c)(1)(ii) of The
Rights in Technical Data and Computer Software clause at DFARS
252.227-7013, or subparagraphs (c)(1) and (2) of the
Commercial Computer Software - Restricted Rights at 48 CFR
52.227-19, or clause 18-52.227-86(d) of the NASA
Supplement to the FAR, as applicable.
- Export Control. If the software program is
identified as a not-for-export product (e.g., on the media,
during the installation process, on the box, or while operating),
then, unless you have exemption from the United States Department
of State, the following restriction applies to you: EXCEPT
FOR EXPORT TO CANADA FOR USE IN CANADA BY
CANADIAN CITIZENS, THIS SOFTWARE PROGRAM MAY
NOT BE EXPORTED OUTSIDE OF THE UNITED STATES
OR TO ANY FOREIGN ENTITY OR "FOREIGN PERSON" AS
DEFINED BY THE UNITED STATES LAWS OR
GOVERNMENT REGULATIONS, INCLUDING WITHOUT
LIMITATION, ANYONE WHO IS NOT A CITIZEN, NATIONAL,
OR LAWFUL PERMANENT RESIDENT OF THE UNITED
STATES. BY USING THIS SOFTWARE PROGRAM, YOU
ARE WARRANTING THAT YOU ARE NOT A "FOREIGN
PERSON" OR UNDER THE CONTROL OF A "FOREIGN
PERSON".
- Other Terms
- You confirm that you have carefully read the
provisions of this agreement, including the warning
listed at the top of this agreement, and understand
that all statements appearing on this document are
parts of this License.
- Free technical support is provided by email for
thirty (30) days after the Product is first purchased
by an end user, provided the user has registered the
product with Virtual Media Technologies, Inc.
- You agree to register your SublimX title(s) by
visiting our web site at www.SublimX.com.
- You agree that when you visit our web site(s),
use the facilities there, or download software from
our web site(s), you will be bound by the provisions
of this License (INCLUDING ITS
PROVISIONS ON LIMITATIONS OF LIABILITY
AND WARRANTY) and by the provisions of the
Terms of Use that is published at our web site.
If you purchase our products from any source or
download software from our web site, then with
respect to any questions arising from such purchase
or download the terms of this Agreement control
over the Terms of Use.
- This License is the entire agreement between
us, superseding any other agreement or discussions,
oral or written, and may not be changed except by
a written agreement signed by a duly authorized
officer of Virtual Media Technologies, Inc.
- This License shall be governed and construed
in accordance with the laws of the State of Indiana,
United States of America, excluding the application
of its conflicts of law rules. The United Nations
Convention on Contracts for the International Sale
of Goods, the application of which is expressly
excluded, shall not govern this License.
- Any claim in connection with, arising under,
or in any way whatsoever relating to (i) this
License, (ii) the relationship created by this
License, (iii) the use or attempted use of the
Product, or (iv) the applicability and scope of
this agreement shall be brought and maintained
in a court sitting in the City of Indianapolis,
County of Marion, State of Indiana, United
States of America.
- If any provision of this agreement is
declared by a court of competent jurisdiction
to be invalid, illegal, or unenforceable, such
a provision shall be severed from the agreement
and the other provisions shall remain in full
force and effect.
- The parties have requested that this
Agreement and all documents contemplated hereby
be drawn up in English.
- This License shall be construed reasonably
and not against any particular party. The titles
given to the paragraphs and subparagraphs of
this License are for the convenience of the
parties. This License shall be construed without
regard to such titles.
Your acceptance of the foregoing Agreement was indicated
during installation. If your purchase was made at our web site,
your acceptance of the foregoing Agreement was additionally
obtained prior to the completion of the purchase.
Intellectual Property Notices
© Copyright, Virtual Media Technologies, Inc., 2005. All
rights reserved. This product is the property of Subliminal
Technologies, a division of Virtual Media Technologies,
Inc., and is copyrighted. Any reproduction in whole or in part
is strictly prohibited. This copyright claim and protection
applies to the software programs, help files, online manuals,
contents of our web site, packaging materials, images, and
messages generated or displayed by the software program.
Virtual Media Technologies, Inc. may have patents or pending patent
applications covering technologies used in creating this
product and subject matters of this license. The license
granted in this document does not give you any license to the
underlying intellectual properties. SublimX, Virtual Media
Technologies, Subliminal Technologies, Effort Free Self
Improvement, Effort Free Learning, and Your Subconscious
Sees Things That Your Eyes Don't are either registered
trademarks or trademarks of Virtual Media Technologies, Inc.
DirectX™ is a product of Microsoft® Corporation. © Copyright,
1999-2005, Microsoft Corporation. All rights reserved. Microsoft,
Windows, and DirectX are either trademarks or registered
trademarks of Microsoft Corporation.
Acrobat® Reader Copyright © 1987-2005, Adobe Systems
Incorporated. All rights reserved. Adobe and Acrobat are
trademarks of Adobe Systems Incorporated, which may be
registered in certain jurisdictions.
Not all of the above-referenced components are included in all
versions of the software program.
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