Reprintables on CD

PGT-MR™ Marketing Reprintables

License Agreement
Single End-User License Agreement

NOTICE TO USER: THIS IS A CONTRACT. PLEASE READ IT CAREFULLY. BY USING PGT-MRT YOU ARE INDICATING YOUR ACCEPTANCE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY RETURN THE UNUSED SOFTWARE TO PLANNED GIVING TODAY, ALONG WITH A LETTER STATING THAT YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU HAVE NOT USED OR INSTALLED THE SOFTWARE, AND YOU WILL RECEIVE A FULL REFUND OF YOUR PURCHASE PRICE. ONCE YOU HAVE INSTALLED OR USED THE SOFTWARE, YOU WILL NOT BE ELIGIBLE FOR A REFUND AND YOU WILL BE BOUND BY THIS CONTRACT.

THE ARTICLES AND OTHER MATERIAL ON PGT-MR ARE INTENDED FOR EDUCATIONAL PURPOSES ONLY AND THIS CD-ROM IS SOLD WITH THE UNDERSTANDING THAT NEITHER THE AUTHOR NOR THE PUBLISHER IS HEREIN RENDERING LEGAL, ACCOUNTING OR OTHER PROFESSIONAL SERVICES.

This Planned Giving Today ("PGT") End User License Agreement ("Agreement") sets forth the terms and conditions under which you are licensed to use PGT-MR ("PGT Software"). For the purposes of this Agreement, PGT Software means (A) all of the contents of PGT-MR, including but not limited to (i) the design and contents of every article contained on this CD-ROM (ii) digital images, stock photographs, clip art or other artistic works and (iii) related explanatory written materials; and (B) modified versions, upgrades, updates, additions, and copies of the PGT Software, if any, licensed to you by PGT.

PGT grants to you a nonexclusive license to use the PGT Software, provided that you agree to the following:

1. PGT Software. You may install one copy of the PGT Software onto the hard drive or other storage device of one computer. Or, you may install one copy of the PGT Software on a single file server for the purpose of serving the PGT Software to a single user on a local area network (LAN). Access rights must be limited to a single user on the network. No other network use is permitted. You agree NOT to install the PGT Software on a wide area network (WAN) or any other network where access to the PGT Software is gained through the Internet. The primary user of the computer on which the PGT Software is installed may also install the PGT Software on one home computer or portable computer. However, the PGT Software may not be accessed on both systems simultaneously. This license is a single user license.

2. Transfer. You agree NOT to rent, lease, sublicense or lend the PGT Software. You may, however, transfer all your rights to use the PGT Software to another person or legal entity provided (1) that you transfer the Agreement, the PGT Software, including all copies, updates and prior versions to such person or entity, (2) that you retain no copies, including copies stored on a computer, (3) that the receiving party accepts the terms and conditions of the Agreement.

3. Transmission. You agree NOT to transmit any portion of the PGT Software through the Internet, electronic diskette, or by any other electronic or tangible means, except as provided in No. 4 below.

4. Reproduction Restrictions. The material found on PGT-MR is intended to provide an inexpensive source of ideas for a single user to cultivate, educate and inspire donor prospects to consider making appropriate charitable gifts to a single organization. The articles and other marketing material found in the PGT Software may be used and adapted by the owner of this CD-ROM without making reference to PGT-MR, the authors, the publisher or others affiliated with Planned Giving Today, subject to the following conditions:

A. NO material from the PGT Software may be reproduced in any form (e.g. electronic, print, etc.) for distribution (e.g. Web site, email, mail, fax, video, etc.) to development officers, including charitable gift planners, or others who might otherwise be expected to purchase the PGT Software from the publisher for use with their donor prospects

B. Planned giving consultants or other for-profit advisors (e.g. trust officers, financial planners, attorneys, accounts, investment advisors, etc.) may NOT use any of this material to assist their nonprofit clients without the nonprofit organization first purchasing the source CD-ROM. Any organization or individual benefiting from the use of this material as an educational or gift-marketing tool is required to purchase the PGT Software.

C. Organizations with more than one office are required to purchase separate copies of the PGT Software for each physical address and each individual user (see #1 above) that will potentially benefit from the use of this material. (e.g. The national office cannot purchase a single copy and then distribute articles to all local offices via their Web site or some other method of dissemination (electronic or otherwise).

D. The material on PGT-MR may NOT be resold in any format (e.g. print, electronic, etc.) or via any means (e.g. Web site, direct mail, catalog, etc.) that might, in the publishers view, deprive the publisher of additional revenue or opportunity.

E. As the user of the PGT Software you acknowledge that the material is dated and that some articles may not be applicable to your organization. Furthermore, you acknowledge that it is your responsibility to have the articles reviewed and approved by a competent, qualified professional prior to use.

5. Copyright and Trademark Rights. The PGT Software is owned by PGT, and its structure, organization and code are the valuable trade secrets of PGT and its suppliers. The PGT Software is protected by United States Copyright Law and International Treaty provisions. You may use trademarks only insofar as required to comply with this Agreement and to identify, if needed, printed output produced by the PGT Software, in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any 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 PGT Software.

6. A Collective Work. The entire collection of 195 planned giving marketing reprintables and additional material constitute a "collective work." It is registered with the United States Copyright Office and protected by national and international copyright law.

7. No Warranty. The PGT Software is being delivered to you AS IS and PGT makes no warranty as to its use or performance. PGT AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE PGT SOFTWARE OR DOCUMENTATION. PGT AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL PGT OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A PGT 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 of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

8. Governing Law and General Provisions. This Agreement will be governed by the laws of the State of Washington, 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 PGT 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 the publisher of PGT.