Full Contact Martial Arts free form aikido and karate for the serious adult student seeking full contact self-defense and weapons training

FCMA

End User License Agreement

NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY VIEWING ALL OR ANY PORTION OF THE CONTENT ON THIS CD-ROM YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IN PARTICULAR, THE LIMITATIONS ON USE CONTAINED IN SECTION 2 AND THE LIABILITY RELEASE IN SECTION 3. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT VIEW THE CONTENT ON ANY FCMA CD-ROM.

1. DEFINITIONS. "Content" means (a) all of the contents of the files contained on any FCMA CD-ROM(s) or other media with which this Agreement is provided. "Use" or "Using" means to access, download, or otherwise benefit from using the functionality of the Content in accordance with the Documentation. "Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by FCMA. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. "FCMA" means Full Contact Martial Arts, a sole proprietorship, 4790 Irvine Blvd. Suite 105-346, Irvine California 92620 U.S.A. "Purchaser" shall mean any individual that has purchased the Content. Ownership of an ORIGINAL FCMA CD-ROM shall constitute one non-transferable license for the Content contained therein.

2. GENERAL USE LICENSE. As long as you comply with the terms of this End User License Agreement (the "Agreement"), FCMA grants to you a non-exclusive license to Use the Content for the purposes described in the Documentation. The material on these CD-ROM are solely for the private Use of only the individual that has purchased the CD-ROM. No portion, or the entirety, of the contents of this CD-ROM may be duplicated, reproduced, altered or otherwise disseminated in any form, by any means to any third party. You may Use the Content on your compatible Computer, up to the Permitted Number of computers (one computer only except under special volume licensing arrangement).

3. INDEMNITY AND RELEASE. Any purchaser fully realizes and accepts that there is the existence of risk of personal and permanent injury, including the risk of great bodily injury and/or death, to anyone involved in the practice of and training of any martial art and /or self-defense method. The practice of martial arts is an inherently dangerous activity. The materials presented on these CD-ROM are demonstrated by experienced martial artists under direct supervision of certified black belts. These techniques should not be attempted without the supervision of a certified black belt, and should under no conditions be considered a substitute for direct oral instruction and/or demonstration. Purchaser, for and on behalf of himself or herself, and his or her heirs, executors, administrators, predecessors, successors and assigns, do fully and forever agree to indemnify, defend and hold harmless, and covenant not to sue, FCMA and its agents, employees, representatives, owners, Purchasers, participants, attendees, partners, affiliates, assigns, attorneys, heirs, executors, administrators, predecessors, successors, and related entities or individuals, of and from all loss, cost, damage, injury, or any claim and demand therefore, on account of any injury to myself, any other person or property, whether caused by the negligence of FCMA or otherwise, while purchaser is attempting or emulating the activities demonstrated on any FCMA CD-ROM product.

4. DISCLAIMER. THE FOREGOING LIMITED WARRANTY STATES THE SOLE AND EXCLUSIVE REMEDIES FOR FCMA'S BREACH OF WARRANTY. FCMA DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE CONTENT. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, FCMA MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

5. LIMITATION OF LIABILITY. IN NO EVENT WILL FCMA BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN FCMA REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. FCMA'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE CONTENT, IF ANY.

6. EXPORT RULES. You agree that the Content 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 (collectively the "Export Laws"). In addition, if the Content is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Content. All rights to Use the Content are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.

7. BINDING ARBITRATION OR DISPUTES. Any controversy or claim arising out of or relating to this Agreement or any relationship between Purchaser and FCMA shall be resolved by arbitration in accordance with the applicable rules promulgated by the American Arbitration Association, and judgment on the award rendered may be entered in any court having jurisdiction. The arbitrator shall be mutually agreed upon by the parties, or, if the parties are unable to agree within twenty (20) days of submitting the claim to the American Arbitration Association, then the American Arbitration Association shall randomly select an arbitrator to hear the case. Each party shall pay its pro rata share of the arbitrator's costs and fees. This section shall not apply to any disputes which fall within the jurisdiction of California's Small Claims Courts.

8. GENERAL PROVISIONS. General Provisions Any notice, request, demand, or other communication required or permitted hereunder shall be deemed to be properly given when deposited in the United States mail, postage prepaid, or when deposited with a public telegraph company for transmittal, charges prepaid, addressed to the FCMA at or to Purchaser address as received from a mailed or faxed Order Form or from PayPal, or to such other person and address as each of the parties hereto may from time to time designate in compliance with this section. This Agreement does not constitute that the Purchaser is the agent or legal representative of FCMA for any purpose whatsoever. Except as expressly set forth herein, Purchaser is not granted any right or authority to assume or to create any obligation or responsibility, express or implied, in behalf of or in the name of the FCMA or to bind FCMA in any manner. This instrument contains all of the agreements, understandings, representations, conditions, warranties, and covenants made between the parties hereto. Unless set forth herein, neither party shall be liable for any representations made, and all modifications and amendments hereto must be in writing. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, the state in which this Agreement is deemed to be executed. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, it is herein agreed that the proper venue for any such action shall be in the County of Orange, State of California. If any provision of this Agreement shall be invalid or unenforceable, either in its entirety or by virtue of its scope or application to given circumstances, such provision shall be deemed modified to the extent necessary to render the same valid, or as not applicable to given circumstances, or to be excised from this Agreement, as the situation may require. This Agreement shall be construed and enforced as if such provision had been included herein as so modified in scope or application, or had not been included herein, as the case may be, it being the stated intention of the parties that had they known of such invalidity or unenforceability at the time of entering into this Agreement, they would have nevertheless contracted upon the terms contained herein, either excluding such provisions, or including such provisions only to the maximum scope and application permitted by law, as the case may be. This Agreement shall be deemed to have been drafted jointly by the parties hereto, and shall not be interpreted or construed in favor or against any party. This Agreement shall become effective, and bind each party, immediately upon Purchaser's use of Content. In the event that an arbitration, suit or action is brought by any party under this Agreement to enforce any of its terms, or any appeal therefrom, it is agreed that the prevailing party shall be entitled to reasonable attorneys fees and costs to be fixed by the arbitrator or the trial, appellate or bankruptcy courts. In computing any period of time pursuant to this Agreement, the day of the act, event or default from which the designated period of time begins to run shall be included, unless it is a Saturday, Sunday or a legal holiday, in which event the period shall begin to run on the next day which is not a Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next day thereafter which is not a Saturday, Sunday or legal holiday. Nothing herein shall be construed to be to the benefit of any third party, nor is it intended that any provision shall be for the benefit of any third party. All section titles or captions contained in this Agreement are for convenience only and shall not be deemed part of the context nor affect the interpretation of this Agreement.

Revised 08-30-03