eBOOK & Film END USER LICENSE AGREEMENT
The electronic copy of the The Bright Field Series (or the “Ebook”) and accompanying documentation that you have agreed to download is licensed and not sold. This Ebook is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Cal Macfarlane & Tony Creech, and/or their subsidiaries, affiliates, and suppliers (collectively the “copyright holder”) own Intellectual Property Rights in the Ebook (the “Rights”). Said Rights are managed exclusively by The Creech League. The Licensee’s (“you” or “your”) license to download, use, copy, or change the Ebook is subject to these Rights and to all the terms and conditions of this End User License Agreement (the “EULA”). If you do not agree to the Terms of this EULA, do not download the eBook. Your download of the eBook indicates your full and complete acceptance of the Terms of this EULA, and indicates that you have read and understood this EULA and are intending to be legally bound by it.
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE “ACCEPT” OPTION AND DOWNLOADING THE EBOOK OR BY INSTALLING, USING, OR COPYING THE EBOOK. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE EBOOK. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT “DECLINE” AND YOU MUST NOT INSTALL, USE, OR COPY THE EBOOK. IF YOU REJECT THIS EULA, YOU MAY STILL PURCHASE A PRINTED COPY OF THE BRIGHT FIELD WITHOUT BEING BOUND BY THE TERMS OF THIS EULA FOR ELECTRONIC COPIES OF THE EBOOK.
This Agreement entitles you to install and use one copy of the Ebook on one personal computer and on one ebook reader, such as a Kindle, Nook, or other similar device. In addition, you may make one archival copy of the Ebook. The archival copy must be on a storage medium other than a hard drive, and may only be used for the reinstallation of the Ebook. This Agreement does not permit the installation or use of multiple copies of the Ebook, or the installation of the Ebook on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Ebook. For further information regarding multiple copy licensing of the Ebook, please contact:
Representative: The Creech League, LLC
E-mail Address: firstname.lastname@example.org
Restrictions on Transfer
Without first obtaining the express written consent of The Creech League, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Ebook.
Restrictions on Use
You may not use, copy, or install the Ebook on any system with more than one computer, or permit the use, copying, or installation of the Ebook by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Ebook on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.
You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Ebook.
You may not use the database portion of the Ebook in connection with any software other than the Ebook.
Restrictions on Alteration
You may not modify the Ebook or create any derivative work of the Ebook or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Ebook. You may not reproduce the database portion or create any tables or reports relating to the database portion.
Restrictions on Copying
You may not copy any part of the Ebook except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.
Limited Ebook Warranty
For a period of 30 days from the date of shipment or from the date that you download the Ebook, as applicable, The Creech League warrants that when properly installed and used under normal conditions, the Ebook will perform substantially as advertised.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY The Creech League, The Creech League MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE EBOOK.
The IMPRINT Foundation and/or The Creech League makes no warranty that the Ebook will meet your requirements or operate under your specific conditions of use. The IMPRINT Foundation and/or The Creech League makes no warranty that operation of the Ebook will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE EBOOK SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE EBOOK TO MEET YOUR REQUIREMENTS. THE IMPRINT FOUNDATION AND/OR The Creech League WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL THE IMPRINT FOUNDATION AND/OR The Creech League, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE EBOOK, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF THE IMPRINT FOUNDATION AND/ORThe Creech League OR ANY OTHER PARTY, EVEN IF THE IMPRINT FOUNDATION AND/OR The Creech League IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS THE IMPRINT FOUNDATION’S AND/OR The Creech League’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Ebook. Selection of whether to correct or replace shall be solely at the discretion of The Creech League. The Creech League reserves the right to substitute a functionally equivalent copy of the Ebook as a replacement. If The Creech League is unable to provide a replacement or substitute Ebook or corrections to the Ebook, your sole alternate remedy shall be a refund of the purchase price for the Ebook exclusive of any costs for shipping and handling.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by The Creech League to have been caused by you. All limited warranties on the Ebook are granted only to you and are non-transferable. You agree to indemnify and hold The Bright Field and/or The Creech League harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of California, without regard to California’s conflict or choice of law provisions.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.