riteseries license agreement

Summary and Frequently Asked Questions

NOTE: This Summary and Frequently Asked Questions is not part of the End User License Agreement, and is not binding on us or you. We only provide it as a convenience to you. The legally-binding terms begin under the heading End User License Agreement below.

Please scroll down for the entire legal agreement.

What is available for use in riteseries?

Songs and other intellectual property of which the copyright is controlled by Church Publishing Inc or any related companies (The Company) or materials to which The Company has negotiated license rights are available in riteseries.

Who does the software belong to?

The riteseries online programs belong to Church Publishing Inc. (CPI). You have purchased term-limited access for a period of one calendar year from the date of purchase. If you bought access to a single element, your access to the program is limited to the download of that element.

What if you don’t agree with the license?

If you don’t agree to any term in this agreement, please no longer access riteseries and contact Customer Support at CPIeProducts@cpg.org or at 800.242.1918 and request a refund. Refunds are not automatic and are reviewed upon a case-by-case basis.

Who may use the service?

CPI can only produce software if all users contribute their fair share of the cost. So we ask you to be sure to pay according to your average weekend worship attendance for products that have sliding scale pricing. Larger churches make more copies of worship bulletins, have more people to manage, more learners in Sunday School, and so on, so we think that this is a just method for ensuring that all pay their fair share.

END USER LICENSE Agreement

IMPORTANT - READ CAREFULLY: This End User License Agreement (“Agreement”) is a legal Agreement between you (either an individual or a single entity) and Church Publishing Incorporated (“CPI”) for the The Riteseries Online, and any related components or files supplied by CPI, collectively known as “the online software”, including any associated media, printed materials, and “online” or electronic documentation (“Software”). By using the Software, or by accepting this Agreement by clicking where indicated during installation of the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you may not use the Software.

1. LICENSE RIGHTS AND RESTRICTIONS.

(a) Use of the Software is purchased for an individual church organization at a rate which is normally based upon weekend worship attendance. If used by more than one individual user, the Software may only be used for the benefit of one church organization. Users must be members or employees. If you wish to use the Software for more than one church organization, you will need to obtain a new license from CPI.

(b) You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

(c) The playback features of the Software are for the sole purpose of demonstrating proper pitch, tempo, and note durations, and may not be used as part of any public performance.

(d) Reprint rights for the materials downloaded from this product are for one time use for the church organization, whether in print or by projection or any other means. No permission for a permanent collection of music or other resources is included in this license.

(e) Without prejudice to any other rights, this license will terminate if you fail to comply with any term or condition of this Agreement. In such event, no notice shall be required by CPI to effect such termination.

(f) All rights to the Software not expressly granted herein are reserved by CPI and/or its third party licensors, if any.

2. COPYRIGHT.

The Software and its content are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music and text incorporated into the Software), the accompanying printed materials, and any copies of the Software are owned by CPI and/or its third party licensors, if any.

3. DISCLAIMER OF WARRANTIES AND DAMAGES.

(a) CPI AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE LIES WITH YOU.

(b) NO LIABILITY FOR DAMAGES. In no event shall CPI, its affiliates, or its third party licensors be liable for any damages whatsoever (including, without limitation, any direct, indirect, special, consequential, punitive, or incidental damages however caused) arising out of the use of or inability to use the Software even if CPI, its affiliates, or its third party licensors have been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In no event shall the aggregate liability of CPI, its affiliates, or its third party licensors under this Agreement exceed the greater of the amount you paid for the Software or $100.

4. DISPUTE RESOLUTION.

The laws of the State of New York (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to this Agreement and the transactions it contemplates, including, without limitation, its interpretation, construction, performance, and enforcement. Any claims or actions regarding or arising out of this Agreement shall be brought exclusively in a court of competent jurisdiction sitting in New York City, and each party to this Agreement submits to the nonexclusive jurisdiction of such courts for the purposes of all legal actions and proceedings arising out of or relating to this Agreement. Each party waives, to the fullest extent permitted by law, any objection that it may now or later have to (i) the laying of venue of any legal action or proceeding arising out of or relating to this Agreement brought in any state or federal court sitting in New York City; and (ii) any claim that any action or proceeding brought in any such court has been brought in an inconvenient forum. Each party knowingly, voluntarily, and intentionally waives its right to a trial by jury to the extent permitted by law in any action or other legal proceeding arising out of or relating to this Agreement and the matters it contemplates. This waiver applies to any action or other legal proceeding, whether sounding in contract, tort or otherwise. Notwithstanding the foregoing, in the event of any controversy or claim arising under or relating to this Agreement that cannot be resolved by the parties within sixty (60) days of the first date on which one party notified the other party of the dispute, which time may be extended by mutual consent of the disputing parties, then the dispute shall be determined by binding arbitration in accordance with the rules of the American Arbitration Association. The parties shall mutually agree upon a single neutral arbitrator. If the parties fail to agree on the arbitrator within thirty (30) from the date a demand to arbitrate is made by a party, the AAA shall appoint the arbitrator, who shall be an attorney with at least ten (10) years of experience relating to the software licensing industry. The arbitration shall be held in New York City. Each party shall submit to any court of competent jurisdiction for purposes of enforcing any award, order or judgment. Any award, order or judgment pursuant to the arbitration is final and may be entered and enforced in any court of competent jurisdiction. Nothing in this paragraph will prevent either party from resorting to a judicial proceeding before the courts to whom the parties have submitted exclusive jurisdiction and venue if interim relief is necessary to prevent serious and irreparable injury to one of the parties.

5. ENTIRE AGREEMENT.

This Agreement constitutes the final Agreement between the parties, and is the complete and exclusive expression of the parties’ Agreement, on the matters contained herein. All prior and contemporaneous negotiations and Agreements between the parties on the matters contained herein are expressly merged into and superseded by this Agreement. The provisions of this Agreement may not be explained, supplemented or qualified through evidence of trade usage or a prior course of dealings. This Agreement shall not be modified or amended except in writing signed by the parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents that may be in conflict therewith.

6. ASSIGNMENT.

You may not assign any of your rights under this Agreement, except with the prior written consent of CPI. You may not delegate any performance under this Agreement. Any purported assignment of rights or delegation of performance in violation of this Section is void. If there is an assignment of rights, the nonassigning party is deemed to have agreed to perform in favor of the assignee. If you assign any of your rights under this Agreement, the assignee is deemed to have agreed to perform in favor of CPI. Furthermore, in the event of such an assignment, a contemporaneous delegation is deemed to have occurred, and the assignee is deemed to have assumed your performance obligations in favor of CPI. All assignments of rights are covered under this paragraph, whether they are voluntary or involuntary, by merger, consolidation, dissolution, operation of law or any other manner.

Should you have any questions concerning this Agreement, or if you desire to contact CPI for any reason, please e-mail us at CPIeProducts@cpg.org or call 800.242.1918.