12875 West 15th Drive
Golden, CO 80401–3501
Tel: 303–237–6590 E–Mail: LManess2@China–Resources.Net
President: Lindsey V. Maness, Jr.  

Revised on February 23rd, 2,006


 

Licensing Terms & Policies, and Warranty


 

POLICIES FOR THE SALE (LICENSING) OF MANESS' PRODUCTS


 

All policies and terms are as described in this "Non–Exclusive Distribution Contract," with Exhibits.

Lindsey V. Maness, Jr., Copyright Holder, grants the Client a nonexclusive, nontransferable License to Use the "China and East Asia Study" (Study) according to the terms and conditions herein.

This License Agreement permits a single user to install the digital map(s) and text(s) on only one computer at one location at any one time. Client agrees to make a–priori separate arrangements with Distributor or Maness for use on more than one site or on a networked system, which additions shall each be at the same terms but at 40% of the cost of the first such product(s). Client is authorized to make only one backup copy of the original data.

Licensee (aka Purchaser or Client) agrees to honor the copyright and intellectual property rights of Lindsey V. Maness, Jr. (Maness) in this "China Study" (regardless of form), not to assist others in violating it, not to resell it or transfer title to it in any manner, not to allow others to copy it and for Client to be responsible for any actions taken by Client that might lead to claims of its entering the public domain, in whole or in part. Client will promptly and fully inform Maness of any and all incidents known to Client in which it is reasonable to infer that an infringement might have occurred or is occurring.

Acts of God or War or Force Majeure suspend Maness' affected obligations.

In the event of an irreconcilable dispute, mediation, arbitration or litigation shall occur in Denver, Colorado, USA, using principles of law as practiced in Denver, Colorado, USA.

License purchasers shall be presented with a copy of the Warranty (Exhibit E) and requested at the time of sale of licensing rights to register it via mail directly with Maness. Distributors and Licensees are obligated to permanently and prominently affix to all Maness' products (original and derived) the following words: "Copyright 2006 Lindsey V. Maness, Jr. All Rights Reserved."

Maness' China Study overlays (Themes) and countries are available to Distributor to sell in approved combinations, prices and terms as Products, as described herein (Exhibit F).

Public sector organs, including governmental agencies, universities and non–profit corporations, pay the same as other clients, agree to the same terms and are obligated to protect and honor Maness' copyright(s), trademark(s) and intellectual property rights. No sale will be made to any Client who, as a term of the purchase, states as a required provision that the Client be allowed to give a copy to any public sector organ {e.g., any university "China Study Group"}.

Distributor will inform all clients in writing and verbally that resale of Maness' product(s) is forbidden.

All sales of Maness' products must be paid in advance in full in US dollars by purchaser (Licensee) to Distributor. Distributor must pay Maness (Exhibit D) the net due after retaining agreed commissions (Exhibit C in Distributor's Agreement), but in any event not more than 30 days after receipt of payment from licensee.

All sales of products are final and "as–is" and shall be made in accordance with the terms of Maness' warranty (Exhibit E in Distributor's Agreement), which cannot be modified in any manner by Distributor. It is Distributor's obligation to inform licensee that Distributor cannot modify or interpret warranty. Maness shall honor the terms of Maness' warranty as written.

No discounts or rebates on Maness' Products shall be offered by Distributor to any Purchaser. It is, however, permissible to offer discounts or bonuses on Products and Services offered separately by the Distributor, so long as such do not modify the terms, price or warranty of Maness' product(s) and/or service(s). It is permissible for Distributor to bundle Maness' Products with other products under the Distributor's Logo, etc., so long as Maness' copyright and intellectual property rights are protected and all relevant advertising, etc., meet with Maness' a–priori approval.

Maness can distribute copies for "Beta Testing" to any entity Maness desires. Distributor will be authorized to refer to Beta Testing results in advertising and sales efforts, etc., under the terms herein. Only Maness can authorize "Beta Testing," which is defined as the free use of the data package, in whole or in part, by a designated entity for the purposes of determining utility and/or locating problems.

With Maness' a–priori concurrence, on a case–by–case basis, Maness may agree to provide training courses and other consulting on a fee basis to purchasers and/or potential purchasers. Likewise, Maness may, from time–to–time, participate in conventions with Distributor to aid in sales, etc., if jointly agreed by Maness and Distributor.

Maness' special in–process product(s) are not available for immediate delivery, but may be marketed with promises of delivery of digital maps within the time specified in authorized sales agreements after Maness receives payment in full, or as stated in more detail in Exhibit F in Distributor's Agreement.

Maness' special IsoLine® Series of Maps are available only under separate bid as custom products. All other prices and terms are as described herein {i.e., no unlisted discount on any products}.

Publication of any part of Maness' product(s) is forbidden, unless approved a–priori in writing by Maness. This restriction is necessary to reasonably protect Maness' copyright and other intellectual property rights.

Secret sales shall not be made to any party without the a–priori written approval of Maness. Except in unusual circumstances, the identities of all clients and the product(s) sold shall be made generally available to all Distributors, Investors and others with a valid need and right to know. The unlikelihood of approval of secret sales shall be made known to those requesting it, at the time of the inquiry.

Loans of Maness' materials for the purpose of determining usefulness for a client's specific needs shall be limited to product(s) approved in advance by Maness: if approved, this shall usually be limited to a digital thematic map set of North Korea. Formerly, Heilongjiang Province was the data base of choice for potential clients to examine; however, data about Heilongjiang Province have considerable value, while data about North Korea are in very little demand (solely for political reasons). All such loans shall be documented and full documentation promptly submitted to Maness, with adequate protection for Maness' intellectual property rights. Such loans shall be for a maximum of six weeks.

Maness may separately provide training courses and other proprietary {i.e., confidential} consulting [e.g., IsoLine® Products] on a fee–basis to purchasers and/or potential purchasers. No commission from Maness' separate consulting shall be remitted to any other party herein, unless separately agreed in writing between Maness and the Distributor at or before the time of the consulting, on a case–by–case basis.

     

STATEMENT OF WARRANTY BY MANESS

     

Guarantor of Warranty

Lindsey V. Maness, Jr. (Maness) is the Editor, Chief Geologist and sole owner of the copyright and other intellectual property of the China & East Asia Study (China Study). As such, Maness is solely liable for warranty coverage under the terms stated herein. Inquiries and Warranty Registration should be mailed to: Lindsey V. Maness, Jr., 12875 West 15th Drive, Golden, CO 80401–3501, USA, Tel: 303–237–6590, E–Mail: LManess2@china–resources.net.

Warranty Statement

This is a Limited Warranty which shall in no event cover other than replacing the data purchased with the same or more recent version. This Limited Warranty gives the purchaser specific legal rights and the purchaser may also have other rights, which vary from state–to–state, province–to–province, or country–to–country.

Nature of the Products

While this regional study may be the best in existence at the present time, it can be no better than the reliability of the original information on which it is based. This study about an obscure and little–understood part of the world was compiled and interpreted by many professionals of various backgrounds from a variety of sources in numerous languages. In a study of this type, it is inevitable that errors will have unavoidably been incorporated into these Products. All that Maness claims is that reasonable care has been taken to avoid errors and to incorporate differing views when such have been known and reasonably available to Maness. When errors have been found, or reasonable allegations of errors made, Maness has promptly included the information in the errata section of the documentation and plans to continue to do so in future editions. Users of these data should use the information herein solely as a guide for further studies and systematic evaluation. The opinions expressed about specific areas or regions were based upon the information and hypotheses known to Maness at the time: no guarantees are expressed that any of the opinions will ensure wealth or guarantee avoiding loss. Unless separately agreed in advance, in written form, Maness will not demand any portion of success nor pay damages for any portion of losses. These licensed products are not a substitute for detailed on–site investigations of a geological, geophysical, geochemical or other nature.

Products Covered

All products properly identified by the Distributor and indicated on the products as falling within the copyright of Lindsey V. Maness, Jr. are covered by this warranty to the extent stated herein or by applicable law. Any product or products bundled with Maness' products that are not Maness' property are not covered in any manner by Maness' warranty: the actual owner or manufacturer should be consulted about warranty coverage.

One Year Limited Warranty

The warranty shall be in effect for the original purchaser for one year from the date of purchase. Since reselling of this study by other than authorized Distributors to other parties is prohibited, and Distributor clients automatically acquire the warranty from Maness at the time of purchase, no warranty is extended to those in illegal or unapproved possession. Maness warrants the quality of the product(s) according to the terms and conditions stated in this warranty.

Warranty Against Structural and Mechanical Defects

This product was inspected thoroughly before being shipped and is warranted to the original Purchaser (Licensee) for one (1) year from the date of purchase to be free of structural and mechanical defects due to faulty materials or workmanship.

Geographic Coverage of the Warranty

The warranty is in effect in those portions of the world in which the terms herein are accepted as valid.

Products Purchased Within the United States

In the event of a structural or mechanical defect, Maness will replace the defective part or parts with the same or more recent version provided that the Purchaser notifies Maness in writing of the existence and nature of the defect within the one–year warranty period. The notice to Maness must include a copy of the sales receipt or other proof of the origin and date of purchase and all copies of the defective product(s).

Products Purchased Outside the United States

In the event of a structural or mechanical defect, Maness will replace the product provided that the purchaser contact Maness within the one year warranty period. The claim to Maness must include a copy of the sales receipt or other proof of the origin and date of purchase and all copies of the defective product(s). The product or defective part or parts claimed in accordance with the provisions of this warranty will be replaced or repaired, without charge, except for the cost of lawfully returning the replaced or repaired product or parts.

Limitations

The warranties set forth above are subject to the following additional limitations:

1. Maness' responsibility and the buyer's exclusive remedy under this warranty are limited to the replacement or repair of the defective part(s) or product(s), as set forth above. Maness shall not be liable for any incidental or consequential damages (including, but not limited to, loss or damage due to fire, water, theft, or vandalism) to persons or property resulting from the breach of this or any other express or implied warranty applicable to the product(s). Some states, provinces, or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to certain purchasers.

2. Except as may be otherwise provided by applicable law, Maness hereby disclaims any and all other covenants and warranties, whether written or oral, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. Where provided by applicable law, such implied warranties shall be limited in duration to a period of one (1) year from the date of purchase. Some states, provinces, or countries do not allow disclaimers or limitations of implied warranties, so the above disclaimer and limitation may not completely apply to certain purchasers.

3. The warranties shall be void if repairs or modifications are made by other than Maness without prior specific written authorization from Maness. Reverse engineering voids all warranties.

4. These warranties do not cover defects caused by modification, alteration, repair or service of the product by anyone other than Maness or by his authorized representative, physical abuse to, or misuse of, any product(s).

5. No Distributor, employee, representative, dealer or retailer has the authority to make or imply any representation, promise or agreement which in any way varies the terms of this Limited Warranty.

6. Acts of God or War or Force Majeure suspend Maness' affected obligations.

Severability

All of the provisions of this Limited Warranty are separate and severable, which means that if any provision is held invalid and unenforceable, such determination shall not affect the validity or enforceability of the other provisions hereof.