ONLINE LICENSE AGREEMENT
Castle Publications, LLC (“Castle”) provides know-how resources, content, and other services in digital format through its designated Web Reader and eReader (collectively, the “Services”).
All access to and use of the Services is subject to the terms and conditions in this Online License Agreement (this “Agreement”).
BY ACCESSING, VIEWING, OR USING ANY PART OF THE SERVICES, YOU ARE AGREEING TO BE CONTRACTUALLY BOUND BY THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY.
CASTLE IS ONLY WILLING TO PROVIDE THE SERVICES TO YOU IF YOU ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN CASTLE IS UNWILLING TO PROVIDE THE SERVICES TO YOU, AND YOU MAY NOT ACCESS, VIEW, OR USE ANY PART OF THE SERVICES.
Terms and Conditions
1. Limited License.
a.) Castle grants you a nonexclusive, personal, nontransferable, revocable, limited license to access and use the Services only in accordance with this Agreement.
b.) Except for the limited rights granted to you in this Agreement, all rights, title, and interest in the Services, in all languages, formats and media throughout the world, including all copyrights, are and will continue to be the exclusive property of Castle, its affiliates and their licensors. This Agreement does not grant you any right or license with respect to the Services except to the minimum extent necessary to exercise the limited license provided in Section 1. a.) above. All other use of the Services is strictly prohibited, including, without limitation the prohibited or limited uses described below:
• You must not publish, broadcast, assign, license, or sell any materials retrieved through the Services or use the materials in any manner that would or could infringe upon the copyright or other proprietary rights of Castle or its licensors.
• You must not use the Services in the course of providing research services to others.
• You must not copy, paste, print, reproduce or otherwise duplicate any downloaded materials, except with downloaded materials which are marketed as and allow editing capability.
• You must not create derivative works from or of any downloaded materials.
• You may not use any robot, spider, data miner, crawler, scraper or other automated means to access or index the downloaded materials or any portion thereof, including but not limited to any metadata associated with the downloaded materials.
• You must not bypass, modify, tamper, defeat or circumvent any of the security components, special rules or other applications that protect the Services or the downloaded materials.
• You must not transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems.
• You must not remove or alter any citation or attribution of the author or source, or any notice of copyright, trademark, or other proprietary rights, on the Services or the downloaded materials.
• You must not share, lend, lease, rent, sell, license, sublicense, transfer, network, reproduce, display, distribute, or otherwise make any of the downloaded materials or the Services, in whole or in part, available to any other person.
c.) You are entirely responsible for maintaining the confidentiality of your password and user account information. In the event of a breach of security, you will remain liable for any unauthorized use of your account and any downloaded materials until you update your account data.
d.) Castle reserves the right to modify or discontinue the offering of any downloaded material at any time. Castle reserves the right to discontinue Services for access to downloaded materials upon sixty (60) days’ written notice. In the event that the Web Reader or eReader is permanently no longer accessible, no right to downloaded material in electronic or digitized format will thereafter exist and the license shall automatically end. In such a case, printed formats of the downloaded materials will be made available at the then-current sales price.
2. Term and Termination. This Agreement shall continue until your access to the Services is terminated. In addition to other bases for terminating access to the Services, termination will occur when any edition to a publication is replaced by an updated publication. Your obligations with respect to materials retrieved from the Services continue beyond the termination of this Agreement. If you fail to comply with your obligations under this Agreement, Castle may suspend delivery of the Services to you and terminate this Agreement in addition to pursuing any other legal remedy available to it.
3. Proprietary Rights. All intellectual property rights, including without limitation, trade secrets, copyrights and patent rights to any software, materials, or databases supplied to you under this Agreement remain the sole property of Castle, its authors and its licensors. No title or license right is granted to you except as expressly set forth in this Agreement.
4. Additional Materials. Castle may add, delete or modify information, databases, materials, publications, articles, capabilities or services to the Services, including, but not limited to new editions of publications that will be accessible only for a new fee. All such information, databases, materials, capabilities and services shall be subject to the terms and conditions of this Agreement at the time they are added to the Services.
5. Telecommunication Charges. You are responsible for local telecommunication connections and the charges therefore.
6. Indemnification. You agree to indemnify and hold harmless Castle and its affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of this Agreement by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
7. Limited Warranty and Disclaimer of Warranty. YOU USE THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CASTLE AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. IN PARTICULAR, CASTLE AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES, OR THE CONTENT OF ANY WEBSITES OR SERVICES LINKED TO OR INTEGRATED WITH THE SERVICES. CASTLE AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT AVAILABLE THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CASTLE OR ITS AFFILIATES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CASTLE AND ITS AFFILIATES TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THIS AGREEMENT, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID TO CASTLE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.
9. No Legal Advice. You understand that nothing in the Services, publications or materials accessible from or through Castle is intended to provide legal advice of any kind whatsoever or create an attorney client relationship. The materials and Services may include descriptions or references to laws, regulations, states, cases and other authorities that may be affected, construed, overturned, modified, rescinded or set aside by court decisions, agencies, regulations, rulemaking and legislation. You should consult your own legal counsel and rely only on their advice and not on the statements, summaries or descriptions set forth in the materials or the Services.
a.) Under no circumstances will Castle be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
b.) This Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.
c.) You agree that any action of whatever nature arising from or relating to this Agreement or the Services will be filed only in the state or federal courts located in Los Angeles, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
d.) If any provision of this Agreement is found to be unlawful or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the enforceability of any other provisions.
e.) The failure by Castle to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
f.) You may not assign or sublicense any rights in this Agreement without the prior written consent of Castle. Castle, may assign its rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
g.) From time to time, Castle may change the terms of this Agreement. If Castle changes the terms of this Agreement, Castle will give you notice by posting the revised Agreement on or through the Services or by other means. Those changes will go into effect on the Revision Date shown in the revised Agreement. By continuing to use the Services, you are agreeing to the revised Agreement.
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOU RECORDS AND PLEASE CHECK THE SERVICES FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT.