Pearson Flyer Compukeel™ Template Kit & Template Assembly Order Form and Licensing Agreement
How work will be performed:
Computer Keels Company (Licensor) agrees to furnish Licensee patterns and instructions for a patented keel tool exclusively for the purpose of fairing and alignment of Licensee's boat keel, on the following conditions:
1. Licensee agrees that the templates and accompanying instructions shall be used only for the stated purpose, and they shall not be used for any other purpose.
2. Licensee acknowledges that certain of the material is subject to the patent, trademark, and copyright laws of the United States. Licensee will not copy the materials supplied in any manner except to make templates to be used ONLY to check and refair the keel and/or rudder of Licensee's boat. Licensee recognizes that the copy or reproduction of all or part thereof will cause irreparable damage to Licensor, and that this damage is far greater than the value of the unauthorized copies.
3. Licensee may not give, sell or otherwise transfer the templates and this license to another party without prior written consent of Licensor.
4. Licensee assumes all responsibility for the selection of this product to accomplish desired result, and for results obtained.
5. The only warranty Licensor makes is that the template is an accurate representation of the designed offset dimensions and makes NO OTHER WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN NO EVENT WILL Licensor BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO ANY DAMAGE TO THE BOAT TO WHICH IT IS APPLIED, INTERRUPTION OF USE, OR USER'S INABILITY TO USE THE PRODUCT AND INFORMATION.
6. In the event Licensor brings legal action under this license, Licensee agrees to pay reasonable attorneys' fees and costs in any case in which Licensor prevails.
7. This agreement constitutes the entire agreement between the parties and supersedes any prior agreement, understandings, or representations either oral or written.