Limited Warranty and License Agreement
Miscellaneous
Purchases via Personal Computer: All purchases of goods through an online store are subject to the terms and conditions of the respective store accessed via the
Internet. Under no circumstances shall Vendor be liable for any claim related to such a purchase.
Usage by Minors: Vendor cannot prohibit minors from using the eBook device and/or a catalog. Vendor must rely on parents, guardians and those responsible for
supervising minors to decide which materials are appropriate for such minors to view and/or purchase. Vendor requires that all purchases be made by individuals 18 years of
age or older.
Proprietary Rights
Copyright: All title and copyrights in and to the Software Application (including, without limitation, any images, photographs, animations, video, audio, music, text, and
"applets" incorporated into the Software Application), the accompanying media and printed materials, and any copies of the Software Product are owned by Vendor or its
suppliers. The Software Application is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software Application like any other
copyrighted material, subject to the provisions of this Agreement.
U.S. Government Restricted Rights: The Software Application and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the
Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or
subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer for such purpose is Vendor.
Submissions: Should you decide to transmit to Vendor's website or to any website supporting the electronic distribution authorized by Vendor by any means or by any
media any materials or other information (including, without limitation, ideas, concepts or techniques for new or improved services and products), whether as information,
feedback, data, questions, comments, suggestions or the like, you agree such submissions are unrestricted and shall be deemed non-confidential and you automatically
grant Vendor and its assigns a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create
derivative works of, display and perform the same. This agreement does not include Personal Content files submitted for upload to your online bookshelf.
Personal Content: Should you decide to use the Personal Content feature of Vendor's website and your Online Bookshelf, you may not upload Content protected by
copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. The unauthorized submission or distribution of
copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit.
User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission.
Disclaimer of Warranty
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED "AS IS." VENDOR AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE
PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR SUCH FILES. VENDOR AND ITS SUPPLIERS MAKE NO WARRANTIES,
EXPRESS OR IMPLIED, AS TO TITLE OR INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The User must assume the entire risk of using the
Software Application.
ANY LIABILITY OF VENDOR FOR A DEFECTIVE COPY OF THE SOFTWARE APPLICATION WILL BE LIMITED EXCLUSIVELY TO REPLACEMENT OF YOUR COPY
OF THE SOFTWARE APPLICATION WITH ANOTHER COPY OR REFUND OF ANY INITIAL LICENSE FEE VENDOR RECEIVED FROM YOU FOR THE DEFECTIVE
COPY OF THE SOFTWARE APPLICATION. IN NO EVENT WILL VENDOR OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR
SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A VENDOR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on
how long a given warranty may last, so the above limitations may not apply to you.
Governing Law
This Agreement shall be governed by the laws of the State of California.
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