1.1 You have a nonexclusive and nontransferable license for limited access to the Perma-Bound Technology.
1.2 Subject to your compliance with these Terms and Conditions, Perma-Bound hereby grants to you a limited, non-exclusive, non-transferable, freely revocable license to use the eHub service for:
Subject to the restrictions placed on usage of the digital content, eBooks, databases and other online information services (if any) by the copyright owner, authorized licensee or authorized distributor, as well as any applicable restrictions elsewhere in these Terms and Conditions, you may view, download and print pages or other content for your personal use.
You must not:
1.4 Your school and/or library has provided you with a user id and user password enabling you to access the Perma-Bound Technology. You are responsible for maintaining the security of your password and agree not to post your password on any Web site accessible to the public. You agree to assume responsibility for the results of any misuse of your password and to report any misuse of the password immediately to your school and/or library.
1.5 You must not use the Perma-eHub service in any way that causes, or may cause, damage to the service or impairment of the availability or accessibility of the service; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Perma-eHub service without our express written consent. You must not use the Perma-eHub service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not use the Perma-eHub service for any purposes related to marketing. You must not use the Perma- eHub service to transmit or send unsolicited commercial communications. 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 access the Perma-Bound Technology.
The Perma-Bound Technology including but not limited to the Readers, eBooks, Perma-Bound Platform and any related documentation are copyrighted by Perma-Bound, or the content providers, unless otherwise noted and no transfer of copyright is made by this license. Title, ownership rights, and intellectual property rights in the Perma-Bound technology, including but not limited to the Readers, eBooks, Perma-Bound Platform and any related software shall remain with Perma-Bound, its suppliers, licensors, and the applicable content providers. Any eBook provided hereunder, and its content, remains the property of its author or its publisher who already owns the eBook's content.
Please note that since we respect authors' and content holders' rights, it is Perma-Bound's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the "DMCA"). For more information, please go to Perma-Bound's DMCA Notification Guidelines. Please note that Perma- Bound will promptly terminate without notice any user's access to the Perma-Bound Platform if that user is determined by Perma-Bound to be a "repeat infringer". A repeat infringer is a user who has been notified by Perma-Bound of infringing activity violations more than twice and/or who has had their links to eBooks, databases and other online information services or any other user-submitted content removed from the Perma-Bound Platform more than twice, and/or has posted any copyrighted content from Perma-Bound’s eBooks or hosted on the Perma-Bound platform on the Internet on any non-Perma-Bound site more than twice.
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety.
As required under COPPA, Perma-Bound DOES NOT KNOWINGLY COLLECT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT CHILDREN UNDER THE AGE OF 13 THROUGH OUR ONLINE APPLICATIONS. Perma-Bound cannot make that claim on behalf of third party sites found through the applications.
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 READERS, 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, READERS, 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.
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.
This agreement shall be interpreted and construed according to, and governed by, the laws of the State of Illinois, United States of America.
This is a recording of the entire Agreement between the parties and supersedes all prior communications, understandings, and agreements, oral or written.