E-BOOK END USER LICENSE AGREEMENT

 

Welcome!  We are willing to allow you to use our published books in electronic format on the condition that you accept all of the terms of this license agreement.

BY CLICKING TO DOWNLOAD OR BY USING OUR ELECTRONIC BOOKS, HEREINAFTER REFERRED TO AS “E-BOOKS”, YOU ARE AGREEING ELECTRONICALLY TO THE TERMS OF THIS END USER LICENSE AGREEMENT (THE "AGREEMENT" or “LICENSE”).

If you do not agree to this License, click “cancel” and do not install or use our software. In this License, the term “you” or “your” to mean you as an individual or such entity in whose behalf you act, if any.

1. OWNERSHIP. This is a license of the e-book you wish to download and not a sale. The e-books are protected by copyright and other intellectual property laws and by international treaties. We and our content developers own all rights in the materials. Your rights to use the e-books are specified in this Agreement and we retain and reserve all rights not expressly granted to you.

2. LICENSE. Provided that you comply with the terms of this Agreement, we grant you a personal, limited, non-exclusive and non-transferable license to download and use any of the e-books in our e-commerce site on a single computer for personal and internal business purposes. This license does not entitle you to receive from us hard-copy documentation, support, telephone assistance, or enhancements or updates to the e-book you are downloading.

3. RESTRICTIONS. You may not: (i) make any copies of the e-book other than an archival copy, (ii) modify or create any derivative works of the e-book or documentation; (iii) rent, lend, lease, sublicense or otherwise transfer rights to the e-book; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the e-book; (v) use the e-book in any way that violates this Agreement or any law; (vi) use the e-book in any way that violates the rights of any third party; (vii) authorize or assist any third party to do any of the things described in this paragraph.

5. CONTENT. Content such as text, photos, logos, tables and diagrams included in the e-books is the property of its respective writer. We are not responsible for such content and we make no representations or warranties regarding the accuracy or reliability of the information included in such content. The content in the e-books is provided to you for your personal, non-commercial use as a convenience to you.

6. SUGGESTIONS. You agree that we may use in any manner and without limitation all reviews, complaints and other feedback you provide relating to the e-books.

7. YOUR REPRESENTATIONS. You represent and warrant that you have adequate legal capacity to enter into this Agreement, that you will use the e-book only for lawful purposes and that you will not violate the terms of this Agreement.

8. TERMINATION. This agreement automatically terminates if you fail to comply with the terms hereof or if you attempt to assign the agreement or transfer the e-book to a third party.  Upon termination, you must stop all use of the e-book and must destroy all copies of the e-book that are in your possession. All provisions of this Agreement, except for the license grant in Section 3 above, survive the termination of this Agreement.

9. INJUNCTIVE RELIEF. You agree that your breach or threatened breach of this Agreement will cause us irreparable damage for which recovery of money damages would be inadequate and that we, therefore, may obtain timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity.

10. DISCLAIMER OF WARRANTY.

WE LICENSE THE E-BOOK “AS IS” AND WITH ALL FAULTS. WE DO NOT WARRANT THAT THIS ELECTRONIC COPY WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORT AND COST OF ANY SERVICE AND REPAIR IS WITH YOU.

WE AND OUR WRITERS AND OTHER DEVELOPERS DISCLAIM ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INTERFERENCE, NON-INFRINGEMENT OR ACCURACY, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. WE HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE E-BOOK.

IF ANY IMPLIED WARRANTY MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN SUCH IMPLIED WARRANTY IS LIMITED TO 30 DAYS FROM THE DATE YOU ACQUIRED THE E-BOOK FROM US OR OUR AUTHORIZED DISTRIBUTOR.

11. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, AGENTS OR RESELLERS (COLLECTIVELY, THE "GROUP") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE E-BOOK, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, THE GROUP'S ENTIRE COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES YOU PAID FOR THIS LICENSE (IF ANY) AND REPLACEMENT OF DEFECTIVE MEDIA OR PROVISION OF A REASONABLY SIMILAR ELECTRONIC PRODUCT, AS DETERMINED IN OUR SOLE DISCRETION, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. THE GROUP IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY YOU OR A THIRD PARTY THAT IS ACCESSED THROUGH THE E-BOOK AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.

12. NO SUPPORT OR UPGRADE OBLIGATIONS. We are not obligated to create or provide any support, corrections, updates, upgrades, bug fixes and/or enhancements of the e-book.

13. IMPORT/EXPORT CONTROL. The e-book is subject to export and import laws, regulations, rules and orders of the Republic of the Philippines and foreign nations. You must comply with these laws that apply to the e-book. You may not directly or indirectly export, re-export, transfer, or release the material, or any direct product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the Philippine and/or foreign government.

14. ELECTRONIC NOTICES. YOU AGREE TO THIS LICENSE ELECTRONICALLY. YOU AUTHORIZE US TO PROVIE YOU ANY INFORMATION AND NOTICES REGARDING THE E-BOOK (“NOTICES”) IN ELECTRONIC FORM. WE MAY PROVIDE NOTICES TO YOU (1) VIA E-MAIL IF YOU HAVE PROVIDED US WITH A VALID EMAIL ADDRESS OR (2) BY POSTING THE NOTICE ON A WEBSITE DESIGNATED BY US FOR THIS PURPOSE. The delivery of any Notice is effective when sent or posted by us, regardless of whether you read the Notice or actually receive the delivery. You can withdraw your consent to receive Notices electronically by opting out of the mail list.  The link for such option shall be provided to you.


15. INDEMNIFICATION. Upon a request by us, you agree to defend, indemnify, and hold harmless us and our affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the e-book. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

16. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES. You agree that the laws of the Republic of the Philippines govern this contract and any claim or dispute that you may have against us, without regard to conflict of laws rules of the Philippines, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the Philippines and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE COURTS IN THE PHILIPPINES OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE PHILIPPINES FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

17. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between you and us concerning the subject matter of this Agreement, which may only be modified by us.

18. GENERAL TERMS. (a) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (b) If any part of this Agreement is held invalid or unenforceable, that part shall be construed to reflect the parties' original intent, and the remaining portions remain in full force and effect, or we may at our option terminate this Agreement. (c) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (d) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. We may assign this Agreement to any entity at its sole discretion and without notice to you. (e) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. (f) Neither party shall be in default or be liable for any delay, failure in performance or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.

19. USER OUTSIDE THE PHILIPPINES. If you are using the Software outside the Philippines, then the provisions of this Section shall apply: (i) Les parties aux présentés confirment leur volonté que cette convention de même que tous les documents y compris tout avis qui s'y rattaché, soient redigés en langue anglaise. (translation: "The parties confirm that this Agreement and all related documentation is and will be in the English language."); (ii) you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the e-book, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable; and (iii) if the laws applicable to your use of the e-book would prohibit the enforceability of this Agreement, or impose any additional burdens on us, or confer any rights to you that are materially different from the terms and conditions of this Agreement, then you are not authorized to use the e-book and you agree to remove it from your computer.

Last Updated: 3/11/2012