E-Book End-User Warranty and License Agreement
- Grant of License. Upon your final purchase and payment, through any e-channels approved by author and publisher Seersucker + Saddles, Inc. (“S+S”) of the electronic book known as the Seersupper + Saddles #ThatBowlLife lifestyle cookbook (the “e-book”), S+S has authorized the download by you of a single copy of the ebook in any of the available formats provided by S+S and grants you a non-exclusive, non-transferable, revocable, limited license to download and use one (1) copy of the ebook according to the terms and conditions herein. The ebook consists of S+S owned and/or licensed content on select topics (the “Content”). You own the media to which you have downloaded or copied the Content, but S+S retains all rights, title and interest in and to the Content, including all copyrights and ownership rights. The Content and any copies which this Agreement authorizes you to make are subject to all of the terms and conditions contained in this Agreement. If you downloaded the Content from a site or are using a device which requires you to accept any other user agreement, you are bound by both this Agreement and any site- or device-specific agreement. In case of conflict between this Agreement and any site-specific agreement, the more restrictive terms will apply.
- Restrictions. You shall not, without the prior written consent of S+S, which may be withheld in its discretion: (1) share, resell, rent, assign, distribute, or transfer all or part of the ebook or any rights granted hereunder to any other person; (2) duplicate the ebook, except for a single backup or archival copy; (3) remove any proprietary notices, labels, or marks from the ebook; or (4) transfer or sublicense title to the ebook to any other party. Additionally, you may not copy, download, print, scrape, store, publish, transmit, retransmit, transfer, distribute, disseminate, broadcast, circulate, sell, resell or otherwise use the Content, or any portion of the Content, in any form or by any means, except (i) as expressly permitted by this Agreement, (ii) with S+S’s prior written permission, or (iii) as permitted under the fair use provision of the Copyright Act (17 U.S.C.A. § 107). Except as otherwise permitted in this Agreement, you shall not sell, license, sublicense or distribute the ebook or the Content (including printouts) to third parties or use any Content as a component of or as a basis for any material offered for sale, license or distribution.
- Intellectual Property Protection. The ebook is owned by S+S and is protected by United States and international copyright and other intellectual property laws. S+S
reserves all rights in the ebook not expressly granted herein. The limited license provided under this Agreement and your right to use the ebook terminate automatically if you violate any part of this Agreement. In the event of termination, you must remove the original and any copies of the ebook from all your devices. You agree to abide by any and all additional copyright notices, information, or restrictions associated with this product. By accessing and/or using the ebook or any of the Content in any way, you acknowledge the validity and enforceability of the copyright owner and agree that you will not in any way infringe, either directly or indirectly, the owner’s copyrights in and to the Content.
- Permitted Use. This Agreement permits you to install the ebook on any and all your personal devices and to use the Content made available to you in the ebook solely for your personal use.
- Limited Warranty. S+S warrants that the ebook file, a copy of which you are authorized to download upon proper purchase of the ebook from S+S, are free from defects in the operational sense that they can be read by a PDF reader. This limited warranty, including the implied warranties of merchantability and fitness for a particular purpose, are limited in duration to ninety (90) days from the date of original download. EXCEPT FOR THIS
EXPRESS LIMITED WARRANTY, S+S MAKES AND YOU RECEIVE NO
WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR IN ANY COMMUNICATION WITH YOU, AND S+S SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE. S+S DOES NOT WARRANT THAT THE OPERATION OF THE EBOOK WILL BE UNINTERRUPTED OR ERROR-FREE.
If the ebook was purchased in the United States, the above exclusions may not apply to you as some states do not allow the exclusion of implied warranties. In addition to the above warranty rights, you may also have other rights that vary from state to state.
- Limitation of Liability. IN NO EVENT WILL S+S BE LIABLE FOR ANY DAMAGES, WHETHER ARISING FOR TORT OR CONTRACT, INCLUDING LOSS OF DATA, LOST PROFITS, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE DOWNLOAD, PURCHASE, USE OR INABILITY TO USE THE EBOOK.
- General. This Agreement constitutes the entire agreement between you and S+S and supersedes any prior agreement concerning the ebook. This Agreement is governed by the laws of the State of Indiana and the exclusive jurisdiction for any dispute concerning the ebook shall be in the state courts located in the County of Boone, State of Indiana. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to the use of the ebook licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing from S+S.
S+S, AS LICENSOR, PROVIDES THE EBOOK SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND ON THE CONDITION THAT YOU, AS LICENSEE, ACCEPT AND COMPLY WITH THEM. BY EITHER (I) CLICKING THE “ACCEPT” BUTTON ON THE ORDER FORM, (II) CHECKING THE “ACCEPT” BOX ON THE ORDER FORM, OR (III) ANY OTHER MEANS PROVIDED FOR ACCEPTANCE AT THE TIME OF PURCHASE, YOU (A) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS; AND (B) REPRESENT AND WARRANT THAT: (I) YOU ARE 18 YEARS OF AGE OR OLDER AND ARE OTHERWISE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (II) IF LICENSEE IS A CORPORATION, GOVERNMENTAL ORGANIZATION, OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF LICENSEE AND BIND LICENSEE TO ITS TERMS. IF LICENSEE DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, LICENSOR WILL NOT AND DOES NOT LICENSE THE EBOOK OR ANY OF ITS CONTENT TO LICENSEE AND YOU MUST NOT DOWNLOAD THE EBOOK. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR YOUR OR LICENSEE’S ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, NO LICENSE IS GRANTED (WHETHER EXPRESSLY, BY IMPLICATION, OR OTHERWISE) UNDER THIS AGREEMENT, AND THIS AGREEMENT EXPRESSLY EXCLUDES ANY RIGHT, CONCERNING ANY EBOOK OR CONTENT THAT LICENSEE DID NOT ACQUIRE LAWFULLY OR THAT IS NOT A LEGITIMATE, AUTHORIZED COPY OF LICENSOR’S EBOOK OR CONTENT.