Feng Shui Software Reseller Licence


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Do you run a Feng Shui Consultancy, or a Feng Shui School, or a Feng Shui Group?
Do you have a Feng Shui Shop, or a New Age Emporium?
Do you know a bunch of people who use Feng Shui in their daily lives?

Would you like to get hold of our wonderful software for Quarter Price!

Just become a Reseller - with a minimum quantity of only 10 copies...

RESELLER OPTIONS
There are two ways to purchase our software for onwards sale to your clients, customers, friends or students. (For more details email: mark_shackelford@hotmail.com)

a) Repeated licence for selling 10 copies.
These are downloaded from our website as required by your clients. You email us their address and we provide them with a download link. You just need to pay for the 10 copies up-front (at quarter-price), and then sell them at your convenience.

b) A one-off royalty free licence for perpetual sales.
You pay us a one-off fee, for which you are provided with a CD-Rom, from which you can create as many copies as you wish, with NO repeat fees and NO royalty payments.
You may (a) install directly on client's PCs, or (b) create new CD-Roms with your own logo etc for resale.

RESELLER PRICING
1) Feng Shui Professional
Normal Retail Price is $175 USD per copy (Individual pricing)

1.a) Repeated Licence, allows 10 copies to be sold before reorder:
Licence to download and sell 10 copies = $50 USD per copy
Total price to purchase 10 copies = $500 USD

1.b) Perpetual one-off Licence
[This is equivalent to selling about 30 copies]
Total cost of perpetual licence = $5,000 USD

2) Feng Shui Expert
Retails at $100 USD per copy (Individual pricing)

2.a) Repeated Licence, allows 10 copies to be sold before reorder:
Licence to download and sell 10 copies = $25 USD per copy
Total price to purchase 10 copies = $250 USD

2.b) Perpetual one-off Licence
[This is equivalent to selling about 25 copies]
Total cost of perpetual licence = $2,500 USD

3) Feng Shui Home
Retails at $50 USD per copy (Individual pricing)

3.a) Repeated Licence, allows 10 copies to be sold before reorder:
Licence to download and sell 10 copies = $12.50 USD per copy
Total price to purchase 10 copies = $125 USD

3.b) Perpetual one-off Licence
[This is equivalent to selling about 25 copies]
Total cost of perpetual licence = $1,250 USD

For further details please contact mark_shackelford@hotmail.com

You may resell the software under the following licence agreement:

RE-SELLER LICENSE AGREEMENT

IMPORTANT - READ CAREFULLY: This Re-Seller License Agreement ("RSLA") is a legal agreement between you (either an individual or a single entity) and MARK SHACKELFORD for the Feng Shui Professional software product, which includes computer software and associated electronic media, printed materials, and "online" or electronic documentation ("Product").

YOU AGREE TO BE BOUND BY THE TERMS OF THIS RSLA BY SIGNING AND RETURNING A COPY OF THIS AGREEMENT.

1. GRANT OF LICENSE.
MARK SHACKELFORD grants you the following rights provided that you comply with all terms and conditions of this RSLA:

2. INSTALLATION AND USE. You may install, use, access, display and run any number of copies of the Product on computers within your own organisation.

3. REPRODUCTION AND DISTRIBUTION.
a) You may purchase any number of copies of the software for resale as required from time to time.
b) You may sell or lease these copies through your own sales channel, but NOT through Third Parties.
c) You must sell each copy for at least 60% of the current Retail Price as shown on this site and revised from time to time.

4. RESERVATION OF RIGHTS. MARK SHACKELFORD reserves all rights not expressly granted to you in this RSLA.

5. LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.
You may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.

6. TERMINATION. Without prejudice to any other rights, Mark Shackelford may cancel this RSLA if you do not abide by the terms and conditions of this RSLA, in which case you must destroy all copies of the Product and all of its component parts.

7. CONSENT TO USE OF DATA. You agree that MARK SHACKELFORD may collect and use technical information you provide as a part of support services related to the Product. MARK SHACKELFORD agrees not to use this information in a form that personally identifies you.

8. LIMITED WARRANTY FOR SOFTWARE PRODUCTS
MARK SHACKELFORD warrants that the Product will perform substantially in accordance with the accompanying materials for a period of ninety days from the date of receipt. There is NO WARRANTY provided or implied on the copies of the PRODUCT that you sell or lease through your ORGANISATION. If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY (90) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND.

9. LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES.
Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by MARK SHACKELFORD, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Product does not meet MARK SHACKELFORD's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 12 below ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.

10. YOUR EXCLUSIVE REMEDY. MARK SHACKELFORD's entire liability and your exclusive remedy shall be, at MARK SHACKELFORD's option from time to time exercised subject to applicable law,
(a) return of the price paid by the ORGANISATION for the Product, or
(b) repair or replacement of the Product, that does not meet this Limited Warranty and that is returned to MARK SHACKELFORD with a copy of your receipt.
This REMEDY does NOT apply to any copies of the PRODUCT that have been sold or leased to Third Parties. This Limited Warranty is void if failure of the Product has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

11. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation or packaging. Except for the Limited Warranty and to the maximum extent permitted by applicable law, MARK SHACKELFORD provides the Product AS IS AND WITH ALL FAULTS, and hereby disclaims all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.

12. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARK SHACKELFORD BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE SALE OR HIRE OF THE PRODUCT TO THIRD PARTIES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS RSLA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MARK SHACKELFORD, AND EVEN IF MARK SHACKELFORD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. LIMITATION OF LIABILITY AND REMEDIES.
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages, and any damages resulting from sales of the product to Third Parties), the entire liability of MARK SHACKELFORD under any provision of this RSLA and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by MARK SHACKELFORD with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by you for the Product or U.S.$5.00. The foregoing limitations, exclusions and disclaimers (including Sections 9, 10, 11 and 12 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

14. ENTIRE AGREEMENT. This RSLA (including any addendum or amendment to this RSLA which is included with the Product) are the entire agreement between you and MARK SHACKELFORD relating to the Product and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product or any other subject matter covered by this RSLA.

15. The Product is protected by copyright and other intellectual property laws and treaties. MARK SHACKELFORD owns the title, copyright, and other intellectual property rights in the Product. The Product is licensed, not sold.

LATEST UPDATE 3rd January 2011 (c) Feng Shui for Modern Living 2006-2011