Perma-Bound Books End User License Agreement
The licensing of Ebooks and/or other eMaterials (hereinafter referred to as "Licensed Materials" from Perma-Bound Books signifies an agreement to the following terms and conditions related to the usage of said content sold through Perma-Bound. Each time you access Licensed Materials you signify your acceptance and agreement, and the acceptance and agreement of any Authorized User (defined below), without limitation or qualification, to be bound by this Agreement. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, or you do not have the legal authority to agree to and accept this Agreement, you may not use the Licensed Materials.
As used in this Agreement, the following terms shall have the meaning indicated:
"Licensed Materials" means the Ebooks and/or other content licensed by the Licensee. The Licensed Materials will be hosted on the secure Perma-Bound EHub.
"Authorized Users" means those users that the Licensee identifies as authorized to access and use the Licensed Content and Perma-Bound EHub. For Academic Libraries and Schools, Licensee shall mean the specific single site School or Library licensing the use of and access to the Perma-Bound EHub and Licensed Materials. Authorized Users include that single site School or Library's administration, faculty, staff, students, and any persons who have access to that institution's network from either within the institution's building or via authenticated remote access. For Public Libraries, Authorized Users include that institution's staff, residents of the locality that funds the library, and any persons who have access to the Library's network from either within the institution's building or via authenticated remote access. For the avoidance of doubt, a single site School or Library shall mean one building at a specific location.
You have a nonexclusive and nontransferable license to own and provide limited access to the Licensed Materials to Authorized Users.
If you have obtained a standard use license (one to one use), you may allow one Authorized User to access and use the Licensed Materials at one time.
If you have obtained a single site, unlimited simultaneous access license, you may allow unlimited simultaneous access to such Licensed Materials for your single site Authorized Users. For Institutions with multiple locations, each location must have its own one to unlimited license.
- By purchasing Licensed Materials, the customer is granted a non-exclusive license to the use of the Licensed Materials
- Licensed Materials can be sold via several different user license models, such as: single user, multi user, and unlimited user models. The number of licenses (copies) of the Licensed Materials determines how many users may view the content at one given time. Perma-Bound implements the Digital Rights Management (DRM) provisions required by the publisher of the Licensed Materials to ensure that the Licensed Materials is used properly based on the model under which it was licensed.
- The customer may lend the materials licensed from Perma-Bound in accordance with the terms and conditions imposed by the publisher of the Licensed Materials in question.
- The customer is not allowed to duplicate or reverse-engineer the Licensed Materials, nor may they redistribute the content. Some features of the Licensed Materials (including, but not necessarily limited to, printing, copying, converting the content to speech, translation from one language to another, and downloading an electronic copy of the Licensed Materials for offline use) may be limited or disabled at the request of the publisher.
- The customer will use their best efforts to ensure that only authorized students, teachers, administrators, and/or library patrons can access and use the Licensed Materials.
- Perma-Bound's Licensed Materials formats and Licensed Materials readers may change from time to time, due to technical changes, business considerations, and other factors. Perma-Bound will work to ensure that the customer's content is available in future formats and readers, to the extent of what is within Perma-Bound's control.
- You may not sell, transfer, publish, disclose, display or otherwise make available the Licensed Materials beyond the limits of the license set out above. You shall use reasonable care to protect the copyrights and trade secrets of Perma-Bound, the Ebook and Licensed Materials authors and publishers. Violation of this provision shall be the basis for immediate termination of this Agreement. Termination of this Agreement shall be in addition to and not in lieu of any other legal or equitable remedies available to Perma-Bound.
- Perma-Bound will exercise its best efforts to host the Licensed Materials for perpetual access by you. Perma-Bound will not be responsible for technological changes, acts of God and other events outside its control that make it impossible for you to temporarily or permanently access your Licensed Materials.
- The Licensed Materials and any related documentation are copyrighted by Perma-Bound, or the content providers, unless otherwise noted within the Licensed Materials, and no transfer of copyright to you or any other person is made or implied either by this license or actual use of the Licensed Materials. Title, ownership rights, and intellectual property rights in the Licensed Materials, and the software and platforms containing the Licensed Materials, shall remain in Perma-Bound, its suppliers, licensors, and the applicable content providers. Specifically, copyright in any Ebook or other Licensed Materials provided hereunder remains the exclusive property of the author or its publisher of such work, as the case may be, and no transfer of copyright to any person is made or implied by this license.
- Perma-Bound represents and warrants that it owns or controls all rights necessary and, has the authority to grant you access to the Perma-Bound EHub. In addition, Perma-Bound represents and warrants that it has obtained all rights necessary in and to the Licensed Materials to grant you the rights and licenses herein.
- EXCEPT AS SET FORTH ABOVE, THE EBOOKS AND PERMA-BOUND EHUB ARE PROVIDED ON AN AS IS BASIS. YOU ASSUME ALL RESPONSIBILITIES FOR SELECTION OF THE PERMA-BOUND EHUB AND CONTENT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PERMA-BOUND EHUB AND THE EBOOKS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS LICENSORS (INCLUDING PUBLISHERS OF CONTENT) DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PERMA-BOUND EHUB AND THE ACCOMPANYING WRITTEN MATERIALS. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
5. LIMITATION OF LIABILITY
- IN PROVIDING THE LICENSED MATERIALS, NEITHER PERMA-BOUND NOR ANY OF THE CONTENT PROVIDERS WILL BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER PERMA-BOUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PERMA-BOUND'S LIABILITY UNDER THIS AGREEMENT WILL NOT, IN ANY EVENT, EXCEED THE FEES, IF ANY, PAID BY YOU TO PERMA-BOUND FOR ACCESSING THE EBOOK(S) LICENSED BY YOU UNDER THIS AGREEMENT. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
6. GOVERNING LAW
- This agreement shall be interpreted and construed according to, and governed by, the laws of the State of Illinois, United States of America.
7. ENTIRE AGREEMENT
- This is a recording of the entire Agreement between the parties and supersedes all prior communications, understandings, and agreements, oral or written.