LICENSE FOR USE OF McGRAW-HILL MATERIAL IN VERSAWARE PRODUCT
"McGraw-Hill Material":
Author: Seeley
Title: Anatomy and Physiology Fifth Edition
This License is between you and The McGraw-Hill Companies, Inc. ("McGraw-Hill"), for use of the identified McGraw-Hill Material as part of a Versaware software product. Your installation of the Versaware product containing the McGraw-Hill Material indicates your acknowledgment that you have read and accepted these terms and conditions. Use of the McGraw-Hill Material as part of a Versaware software product is permitted only in accordance with the terms of this License. Use of the Versaware software and Versaware content in conjunction with the McGraw-Hill Material is permitted only in accordance with the terms of the License Agreement between you and Versaware Inc.
McGraw-Hill hereby grants you, the end-user, the non-exclusive right to use the McGraw-Hill Material identified above as described herein as part of a Versaware product. All such use must be non-commercial and not -for -profit. You may install the McGraw-Hill Material as part of the Versaware product on a single personal computer or workstation and print out limited copies of the McGraw-Hill Material for personal non-commercial use.
You may not, without the prior written consent of McGraw-Hill,
(a)copy, reproduce or publish the McGraw-Hill Material except as stated above;
(b)distribute copies of the McGraw-Hill Material or accompanying materials to others except as stated above;
(c)install or use the McGraw-Hill Material on a network unless each person with access to the McGraw-Hill Material on the network has purchased a copy of the Versaware software;
(d)remove any copyright notices on the McGraw-Hill Material;
(e)modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on the McGraw-Hill Material;
(f)modify, adapt, translate or create derivative works based on the printed, electronic, or written accompanying content;
(g)resell the McGraw-Hill Material;
(h)loan, rent or lease the McGraw-Hill Material; or
(i)transfer the License or related rights.
McGraw-Hill makes no representations or warranties as to the accuracy of any information contained in the McGraw-Hill Material, nor any other warranties, including, without limitation, any warranties of merchantability or fitness for a particular purpose. In no event shall McGraw-Hill have any liability to you or any other party for special, incidental, tort, or consequential damages arising out of or in connection with the McGraw-Hill Material, even if McGraw-Hill has been advised of the possibility of such damages. You agree that all persons who are provided with the McGraw-Hill Material will be provided with written notice of this disclaimer and limitation of liability, either in an end-user license agreement and/or with an on-screen notice that is visible each time any such person initiates access to the McGraw-Hill Material.
You agree to indemnify McGraw-Hill from any damages, lawsuits, claims, liabilities, costs, charges, and expenses, including attorney's fees and expenses, relating to your use of the McGraw-Hill Material.
McGraw-Hill shall have the right to terminate this Agreement immediately upon any material breach by you of this Agreement.
If, for any reason, a court of competent jurisdiction finds any part of this Agreement to be unenforceable, such part shall be reformed to the extent necessary to render it enforceable in accordance with the original intent of the parties, or, if that is not possible, such part shall be severed from this Agreement. In any event, the remaining parts of this Agreement shall remain unaffected and shall continue in full force and effect.
VERSAWARE INC.
License Agreement
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LICENSE:
Subject to the conditions contained herein, VERSAWARE grants to you a limited, non-exclusive, non-transferable license to use one copy of the Content, which may include electronic documentation, on a single computer/workstation. The Content is "in use" on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into permanent memory (e.g., hard disk, CD-ROM drive, or other storage device) of that computer. You may not use the Content on or over a network or any other transfer device without each concurrent user having licensed an original copy of the Content and its documentation. You may either make one copy of the Content solely for backup or archival purposes or transfer the Content to a single hard disk provided you keep the original solely for backup or archival purposes.
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RESTRICTIONS ON USE OF THE CONTENT:
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LIMITATION OF LIABILITY:
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LINKS TO SITES:
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U.S. EXPORT ISSUES:
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TERMINATION:
This agreement will terminate immediately without notice from VERSAWARE if, in VERSAWARE's sole discretion, you fail to comply with any term or provision of this Agreement. Upon termination, you must destroy all Content.
MISCELLANEOUS:
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be in an appropriate state or federal court located in the State of New York.
Any cause of action that you may have with respect to your use of the Content must be commenced within one (1) year after the claim or cause of such action arises. If, for any reason, a court of competent jurisdiction finds any term or condition in any provision herein to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the original intent thereof, and the remaining terms and conditions shall continue in full force and effect.
The terms and conditions herein constitute the entire agreement between VERSAWARE and you relating to the subject matter herein and shall not be modified except in writing, signed by VERSAWARE and you.
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