E-Book User Licence Agreement
- 1.GRANT AND SCOPE OF LICENCE
- 1.1 In consideration of you agreeing to abide by the terms of this Licence, LexisNexis Canada Inc. ("the Licensor") hereby grants to you a non-exclusive, non-transferable licence to use this E-book ("the Document") on the terms of this Licence.
- 1.2 You may:
- 1.2.1 download, install and use the Document for your personal purposes only;
- 1.2.2 make copies of the Document but only for back-up purposes or for use on another computer owned by you;
- 1.2.3 print one copy of the Document.
- 1.3 You are granted a free trial to use the Document in accordance with this Licence. The Licensor has no obligation to continue to provide the Document and you have no rights to continue to receive the Document.
- 2. YOUR UNDERTAKINGS
- 2.1 Except as expressly set out in this Licence or as permitted by applicable copyright
law, you undertake:
- 2.1.1 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Document;
- 2.1.2 not to make alterations to, or modifications of, the whole or any part of the Document nor permit the Document or any part of it to be combined with, or become incorporated in, any other document;
- 2.1.3 to keep all copies of the Document secure and to maintain accurate and up to date records of the number and locations of all copies of the Document;
- 2.1.4 to include the copyright notice of the Licensor on all entire and partial copies you make of the Document;
- 2.1.5 not to provide or otherwise make available the Document in whole or in part in any form to any person without prior written consent from the Licensor.
- 2.1 Except as expressly set out in this Licence or as permitted by applicable copyright
law, you undertake:
- 3. LIMITED WARRANTY AND EXCLUSION OF LIABILITY
The Licensor does not guarantee that the information in the Document is error-free or warrant that the Document will meet your requirements or that the operation of the Document will be uninterrupted or error-free. The Document is provided on an “as is” “as available” basis without warranty of any kind, either express or implied or statutory, including, without limitation, implied warranties of merchantability and fitness for a particolar purpose. The entire risk as to the resolts and performance of the Document is assumed by you. In no event will The Licensor be liable for any damages, including, without limitation, incidental and consequential damages and damages for lost data or profits arising out of the download or use of the E-book or the inability to use it. The entire liability of The Licensor shall be limited to the amount actually paid by you for the Document license.
- 4. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights in the Document anywhere in the world belong to the Licensor, that rights in the Document are licensed (not sold) to you, and that you have no rights in, or to, the Document other than the right to use them in accordance with the terms of this Licence.
- 5. TRANSFER OF RIGHTS AND OBLIGATIONS
- 5.1 This Licence is binding on you and the Licensor, and on the Licensor's respective successors and assigns.
- 5.2 You may not transfer, assign, charge or otherwise dispose of this Licence, or any of your rights or obligations arising under it, without our prior written consent.
- 6. MISCELLANEOUS
- 6.1 The Licensor may suspend or discontinue providing the Document to you without notice and pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder.
- 6.2 Neither Party will disclose to any third party details of this Agreement or any of the negotiations undertaken in relation to this Agreement without the prior written consent of the other.
- 6.3 Except as otherwise provided herein, all notices and other communications to you hereunder shall be in writing or displayed electronically. Notices to you shall be deemed to have been properly given on the date posted, if posted; on the date first made available, if displayed electronically; or on the date received, if delivered in any other manner. Notices to the Licensor should be sent to: LexisNexis Canada Inc., 111 Gordon Baker Road, Suite 900, Toronto, ON M2H 3R1, CANADA, Attn: Legal Department.
- 6.4 The Licensor will use personal information collected about you for the purposes of (a) providing access to and use of the Document to you including inserting a watermark into the Document, (b) providing customer support, billing and other similar activities related to the Document, and (c) keeping you informed about Licensor’s and its affiliates products, services, offers and upcoming events and to improve Licensor’s services.
- 6.5 Save for the owners of any intellectual property supplied by The Licensor, no third parties shall acquire any rights under this Agreement.
- 6.6 Licensor will not accept return of the Document (including a return of its print
component, if sold as a package) nor provide any refund if, at any time after purchase:
- a. the e-book has been downloaded using the download code provided with the print component of the book; OR
- b. the download label (containing the download code) included with the print component has been removed or destroyed.
- 7. LAW AND JURISDICTION
This Licence, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Province of Ontario.