Season's Greetings End-User License Agreement
Please find attached herewith, one (1) Seasonal Greeting relating to, and conveying thereby, a celebration of the Winter Solstice holiday, the agreement and all provisions hereof incorporating for the sole and exclusive benefit of the parties hereto, and in the case of the recipient of aforementioned Seasonal Greeting, a request, as soon as practicable following the Effective Date, and from time to time as appropriate during the term of this Holiday Season, to use all reasonable efforts to ensure the successful attainment of a Happy Holiday Season.
The deliverer of the Seasons Greeting attached herewith (hereinafter referred to as the Wisher) also wishes you a personally fulfilling recognition of the ensuing calendar year, effective midnight GMT on 1st January 2000, for a period of not less than 12 months, with respect to which such applicable Holiday Wishes and Seasonal Greetings shall be effective. This Greeting constitutes the entire agreement between parties and supersedes all prior understandings and agreements of similar or contrary intent concerning the Holiday Season, and shall not be modified or altered except by written instrument duly executed by the parties. Neither party may assign this Agreement (either voluntarily or by operation of law) without the prior written consent of the other party to a subsidiary or affiliate without taking reasonable steps to transfer these Seasonal Greetings Wishes to said affiliate in an expeditious manner.
By accepting this Greeting, you, the receiver (hereinafter referred to as the Wishee), accept and agree to abide by these terms: This greeting is freely transferable to other Wishees provided that no alteration is made to the original greeting. It implies no promise by the Wisher to implement part performance regarding any of the aforementioned wishes, and it is revocable at the sole discretion of the Wisher. The Seasons Greeting is licensed to be used only in connection with the traditional Winter Holiday Season and celebrations appurtenant thereto and is non-transferable to other seasonal holidays, including (but not limited to) April Fool's Day, Halloween, or the Fourth of July. All Return Greetings become the sole property of the Wisher unless otherwise agreed to in writing. Failure to comply strictly with these instructions will void this Greeting in its entirety.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THIS SEASONS GREETING. USING ANY PART OF THE SEASONS GREETING INDICATES THAT YOU ACCEPT THESE TERMS. You may terminate this agreement at any time by destroying the Seasons Greeting and documentation included therewith together with all copies and merged portions in any form. It will also terminate immediately if you fail to comply with any term or condition of this Greetings Agreement. Upon such termination you agree to destroy the Seasons Greeting and documentation, together with all copies and merged portions in any form, as well as any spirit of Holiday Cheer as may have implicitly or explicitly accompanied this Greeting.
You also agree that you will not export or re-export the Seasons Greeting or accompanying Wishes of Good Tidings (or any copies thereof) or any products utilizing said Seasons Greeting or such documentation in violation of any applicable laws or regulations of the United States or the country in which you obtained them. In particular, this Seasons Greeting is classified under United States export regulations as a "munition" and may not be exported to any country or territory known to engage in terrorist activities, including but not limited to Iran, Libya, and North Korea.
The Wishee further agrees to indemnify, defend and hold Wisher harmless from any and all losses, damages, costs or expenses (including, but without limitation, attorney's fees and costs of litigation) which arise from or relate to any claim brought by Wishee or any associate thereof or by third party based on Wishee's celebratory, seasonal, or enjoyment activities with respect to the aforementioned Winter Solstice Greeting.
Use, reproduction or disclosure of this Seasons Greeting is subject to restrictions set forth in subparagraph (a) through (d) of the Commercial Seasons Greeting Code - Restricted Rights clause at 48 C.F.R. 52.227-19 and the limitations set forth in the corresponding Santa clause of the standard commercial agreement for the Solstice Greetings and the Uniform Christmas Code (UCC).
This wish is warranted to be free from defects in material and workmanship and to perform as expected within the usual application of good tidings for a period of not less than one (1) year from the date of delivery, or until the issuance of a subsequent holiday greeting, whichever comes first. This warranty does not extend to red or green colored fonts, HTML tags, and other accessories that may have been included with this Seasons Greeting. This warranty also does not cover damage caused by improper installation, operation or care (including, but not limited to abuse, misuse, failure to provide reasonable and necessary maintenance, or any alterations to this Seasons Greeting), labor charges for dismantling or reinstalling a repaired or replaced Seasons Greeting, or replacement of batteries.
Wisher's exclusive obligation (and Wishee's only remedy) shall be at sole discretion of the Wisher to replace or repair or refund the holiday spirit (or a proportionate part thereof) of any defective Greeting, or parts thereof, which are returned shipping prepaid to Wisher, under warranty subject to prior authorization from Wisher. The foregoing shall be enforceable to the maximum extent permitted by applicable law. Some states do not allow the exclusion or limitation of consequential, incidental or special damages, so the above limitation or exclusion may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
Neither the Seasons Greeting conveyed herein nor any element thereof, including without limitation, Christmas wishes, good cheer, New Years Greetings, or other material, may be copied, repurposed, uploaded, posted, transmitted, or redistributed, except that the Wishee may download one (1) copy of such material to your individual computer for your personal, non-commercial use only (which also excludes any use by governmental, educational, charitable, or other institutional use that is not strictly a personal use to you), and one (1) backup copy in the event that the Good Cheer provided herewith is lost or destroyed due to circumstances beyond the Wishee's control, such as Hardware Failure or Acts of God, provided that all copyright and other proprietary notices appearing on such materials must be preserved without alteration or modification.
This Seasons Greeting is provided "as is". Neither the aforementioned Wisher, his co-workers, his associates and/or co-Wishers (if any) make any other claims or warranties concerning this Seasons Greeting, including, but not limited to, any implied warranties of fitness, merchantability, enjoyability or suitability for any particular purpose, and are not responsible for any happiness, Seasonal Merriment, enjoyment, enlightenment, or absence thereof occurring out of or in connection with the use of this Seasons Greeting. In no event shall the Wisher be liable for any personal injury or seasonal fiduciary gains or losses, or any general, special, incidental, or consequential losses arising out of the use or inability to use this Seasons Greeting, including but not limited to any success in having a Merry Christmas and/or Happy New Year, or any success or absence thereof in getting this Seasons Greeting to interoperate with any other Seasons Greeting, even if any representative of Wisher or his suppliers has been advised of the possibility of such damages. This disclaimer of liability for damages will not be affected by any failure of the sole and exclusive remedies hereunder. Wisher also does not warrant that this Seasons Greeting or any Good Will derived therefrom will operate or perform in a manner that is uninterrupted or error-free, or that the Seasonal Holiday enjoyment so obtained will be maintained free of viruses, hangovers, alcohol-induced stupor, or other harmful effects of excessive celebration. Wisher makes no warranties that this Seasons Greeting is current, up-to-date, or accurate.
In the event any provision of this Greetings Agreement is found to be invalid, illegal, unenforceable, meaningless, or irrelevant, or to consist predominantly or entirely of mindless gibberish, the validity, legality, enforceability, meaningfulness, relevance, and gibberish-free nature of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal, enforceable, meaningful, relevant, intelligent, and gibberish-free provision of similar intent and holiday impact shall be substituted therefor.
IN WITNESS THEREOF, the parties hereto have caused this Greeting to be executed by their duly authorized representatives as of the latest signing date in this agreement.