eBook License Agreement
IMPORTANT READ CAREFULLY. This eBook Content License Agreement (the Agreement) is an agreement between Avotek Information Resources, LLC, PO Box 219, Weyers Cave, VA, United (us) and you as the licensee (you) who has purchased access to the digital eBook version of a literary work published by us (the eBook). By using the eBook, you accept the terms and conditions of this Agreement. If you do not wish to accept these terms, do not download or access the eBook.
Subscribers access to and use of Avotek eBook(s) is subject to the terms and conditions of the agreement (Agreement) below:
1. License.
a. Avotek hereby grants Subscriber a worldwide non-exclusive, non-transferable, revocable, limited license to access online the eBook(s) for purposes of education and training. The eBook(s) consists of Avotek owned and/or licensed content on select aviation topics. Subscriber is licensed to use content made available to Subscriber in the eBook(s) (Content) solely in the regular course of aviation educational training and related work. If Avotek loses the right to offer any eBook Content, discontinues the subscription service, or is otherwise unable to offer eBook Content, Avotek may terminate Subscribers access to the eBook(s), including notes and annotations. At Avoteks sole discretion and using commercially reasonable practices, Avotek may provide the Content in another media format. Avotek, at its sole discretion may update Subscriber to a more recent version of the eBook(s) if necessary to maintain access.
b. Updates. Online (browser based) access will be available for five years from the initial date access is made available. Access after that date will require subscription renewal for one-year terms. License for eBooks that are updated includes continuing access to the edition originally subscribed to during the term of Subscribers license, except that Avotek may upgrade Subscriber to a newer edition if the purchased version is no longer available. Avotek may offer subscription upgrades to allow Subscriber to access the latest edition.
c. Permitted Use
Subscriber may use, browse, and search the Content;
d. Limitations. Subscriber 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 with Avoteks prior written permission. Content shall not be stored or used in an archival database or other searchable database. Subscriber shall not sell, license, sublicense or distribute Content (including printouts) to third parties or use Content as a component of or as a basis for any material offered for sale, license or distribution. License code(s) shall be used only by the Subscriber; sharing of license code(s) is STRICTLY PROHIBITED.
f. Rights in Content. Except for the license granted in this Agreement, all right, title and interest in Content, in all languages, formats and media throughout the world, including all copyrights, are and will continue to be the exclusive property of Avotek and other contributors (Contributors) of Content.
g. Intellectual Property Rights. You acknowledge that all intellectual property rights, including copyright, trademarks, patents or rights to trade secrets in the eBook other than your subscriber generated Notes and Annotations, belong to us, or our suppliers or licensors, as the case may be and that your rights to use the eBook do not extend beyond the limited license expressly granted in this Agreement.
2. Technical Requirements. Internet access is required to access the eBook online and to synchronize notes and annotations.
3. eBook Access. Subscriber may create notes and annotations throughout the eBook which will be web hosted by Avotek and will be accessible by Subscriber pursuant to the terms and conditions herein.
4. Disclaimer of Warranties and Limitation of Liability. EBOOKS AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. AVOTEK AND CONTRIBUTORS SHALL HAVE NO LIABILITY WHATSOEVER TO SUBSCRIBER FOR ANY CLAIM(S) RELATING IN ANY WAY TO THIS AGREEMENT OR THEIR PERFORMANCE HEREUNDER, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT OR NEGLIGENCE. IN NO EVENT SHALL AVOTEK OR CONTRIBUTORS BE LIABLE TO SUBSCRIBER FOR ANY CLAIM(S) RELATING TO SUBSCRIBER’S INABILITY OR FAILURE TO PERFORM WORK CORRECTLY OR COMPLETELY NOR SHALL AVOTEK OR CONTRIBUTORS BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Responsibility for Certain Matters. Subscriber shall be responsible for all access to and use of eBooks by means of Subscribers equipment or Subscribers access code, whether or not Subscriber has knowledge of or authorizes such access and use.
6. Term and Termination
a. This license granted pursuant to this Agreement comes into effect when you first access the eBook.
b. Cancellation. You may not cancel the purchase of access to an eBook or return a print copy of a publication sold in conjunction with an eBook.
c. Termination. We can immediately terminate or suspend access to the eBook at any time by giving you written notice if:
(1) there are, for example, changes in law or circumstances relating to the ongoing availability of the eBook or we lose the right to offer the eBook Content or the Software is discontinued or superseded; or
(2) you commit a material breach of this Agreement which cannot be remedied or which you fail to remedy.
d. Format. We may, at our sole discretion, use commercially reasonable practices to provide the Content to you in another media format (where this is available) or upgrade you to a more recent version of the Software or Content to maintain your access.
7. General
a. Entire Agreement. Except as expressly stated in this Agreement, the Agreement embodies the entire agreement between the parties with respect to its subject matter and supersedes any and all prior understandings and agreements, oral or written, relating to it.
b. Amendments. We may amend the terms and conditions of this Agreement by posting an updated version online which shall take effect on such posting unless stated otherwise.
c. Other terms. Neither this Agreement nor any part or portion thereof shall be assigned, sub-licensed or otherwise transferred by you without our prior written consent. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. Failure of either party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and shall not constitute a part thereof.