To download or listen to the audio files for ezAudioBook,
you must agree to the End User License Agreement below.
In short, you agree that you will only keep one copy of
the MP3 files on a computer and/or one audio device for
your PERSONAL use and will not distribute the files or
share your access privileges in any way.
This End User License Agreement (“Agreement”) sets forth the conditions
by which Cynosure.X International (“CI”) will make electronic access to
the CI-owned licensed content and associated media, software,
documentation, printed materials, and electronic documentation contained
in this package and/or made available to you on compact disc or
via this Website
(the “Licensed Content”), available to you (the “End User”). By using
the Licensed Content, YOU ACKNOWLEDGE THAT
YOU HAVE READ ALL OF THE TERMS AND CONDITIONS, AND THAT YOU AGREE TO BE
BOUND BY ITS TERMS CONDITIONS AND ALL APPLICABLE LAWS AND REGULATIONS
GOVERNING THE USE OF THE LICENSED CONTENT.
1.0 SCOPE OF LICENSE
1.1 Licensed Content. The Licensed Content may contain portions of
modifiable content (“Modifiable Content”) and content which may not
be modified or otherwise altered by the End User (“Non-Modifiable
Content”). For purposes of this Agreement, Modifiable Content and
Non-Modifiable Content may be collectively referred to herein as the
“Licensed Content.” All Licensed Content shall be considered
Non-Modifiable Content, unless such Licensed Content is presented to
the End User in a modifiable format and it is clearly indicated that
modification of the Licensed Content is permitted.
1.2 Subject to the End User’s compliance with the terms and conditions
of this Agreement, CI hereby grants the End User, a nontransferable,
non-exclusive, limited right to access and listen to a single copy of
the Licensed Content on a single personal computer system or transfer
this copy to one portable, personal audio device for noncommercial,
internal, personal use only. The End User shall not (i) reproduce, copy,
modify (except in the case of Modifiable Content), distribute, display,
transfer, sublicense, prepare derivative work(s) based on, sell,
exchange, barter or transfer, rent, lease, loan, resell, or in any other
manner exploit the Licensed Content; (ii) remove, obscure or alter any
notice of CI’s intellectual property rights present on or in the License
Content, including, but not limited to, copyright, trademark and/or
patent notices; or (iii) disassemble, decompile, translate, reverse
engineer or otherwise reduce the Licensed Content.
2.1 CI may at any time (without prejudice to its other rights or remedies)
immediately terminate this Agreement and/or suspend access to some or all
of the Licensed Content, in the event that the End User does not comply
with any of the terms and conditions of this Agreement. In the event of
such termination by CI, the End User shall immediately return and/or
delete any and all copies of the Licensed Content to CI.
3.0 PROPRIETARY RIGHTS
3.1 The End User acknowledges that CI owns all right, title and interest,
including, but not limited to all copyright rights therein, in and to the
Licensed Content, and that the End User shall not take any action
inconsistent with such ownership. The Licensed Content is protected by
U.S., Canadian, and other applicable copyright laws and by international
treaties, including the Berne Convention and the Universal Copyright
Convention. Nothing contained in this Agreement shall be construed as
granting the End User any ownership rights in or to the Licensed Content.
3.2 CI reserves the right at any time to withdraw from the Licensed Content
any item or part of an item for which it no longer retains the right to
publish, or which it has reasonable grounds to believe infringes copyright
or is defamatory, unlawful or otherwise objectionable.
4.0 PROTECTION AND SECURITY
4.1 The End User shall use its best efforts and take all reasonable steps
to safeguard its copy of the Licensed Content to ensure that no unauthorized
reproduction, publication, disclosure, modification or distribution of the
Licensed Content, in whole or in part, is made. To the extent that the End
User becomes aware of any such unauthorized use of the Licensed Content, the
End User shall immediately notify CI.
5.0 MISUSE OF THE LICENSED PRODUCT
5.1 In the event that the End User uses the Licensed Content in violation
of this Agreement, CI shall have the option of electing liquidated damages,
which shall include all profits generated by the End User’s use of the
Licensed Content plus interest computed at the maximum rate permitted by
law and all legal fees and other expenses incurred by CI in enforcing its
rights, plus penalties.
6.0 FEDERAL GOVERNMENT CLIENTS
6.1 Except as expressly authorized by CI, Federal Government clients obtain
only the rights specified in this Agreement and no other rights. The
Government acknowledges that (i) all software and related documentation
incorporated in the Licensed Content is existing commercial computer
software within the meaning of FAR 27.405(b)(2); and (2) all other data
delivered in whatever form, is limited rights data within the meaning of
FAR 27.401. The restrictions in this section are acceptable as consistent
with the Government’s need for software and other data under this Agreement.
7.0 DISCLAIMER OF WARRANTIES AND LIABILITIES
7.1 Although CI believes the Licensed Content to be reliable, CI does not
guarantee or warrant (i) any information or materials contained in or
produced by the Licensed Content, (ii) the accuracy, completeness or
reliability of the Licensed Content, or (iii) that the Licensed Content is
free from errors or other material defects. THE LICENSED PRODUCT IS
PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND AND CI DISCLAIMS ANY
AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE. IN NO
EVENT SHALL CI BE LIABLE FOR: INDIRECT, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES INCLUDING FOR LOST PROFITS, LOST DATA, OR OTHERWISE.
IN NO EVENT SHALL CI’S AGGREGATE LIABILITY HEREUNDER, WHETHER ARISING IN
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE AMOUNT OF FEES
PAID BY THE END USER HEREUNDER FOR THE LICENSE OF THE LICENSED CONTENT.
8.1 Entire Agreement. This Agreement shall constitute the entire
Agreement between the Parties and supercedes all prior Agreements and
understandings oral or written relating to the subject matter hereof.
8.2 Enhancements/Modifications of Licensed Content. From time to
time, and in CI’s sole discretion, CI may advise the End User of updates,
upgrades, enhancements and/or improvements to the Licensed Content, and
may permit the End User to access and use, subject to the terms and
conditions of this Agreement, such modifications, upon payment of prices
as may be established by CI.
8.3 No Export. The End User shall use the Licensed Content solely
in the United States and shall not transfer or export, directly or
indirectly, the Licensed Content outside the United States.
8.4 Severability. If any provision of this Agreement is invalid,
illegal, or unenforceable under any applicable statute or rule of law,
the provision shall be deemed omitted to the extent that it is invalid,
illegal, or unenforceable. In such a case, the remainder of the Agreement
shall be construed in a manner as to give greatest effect to the original
intention of the parties hereto.
8.5 Waiver. The waiver of any right or failure of either party to
exercise in any respect any right provided in this Agreement in any
instance shall not be deemed to be a waiver of such right in the future or
a waiver of any other right under this Agreement.
8.6 Choice of Law/Venue. This Agreement shall be interpreted,
construed, and governed by and in accordance with the laws of the State of
California, applicable to contracts executed and to be wholly preformed
therein, without regard to its principles governing conflicts of law.
Each party agrees that any proceeding arising out of or relating to this
Agreement or the breach or threatened breach of this Agreement may be
commenced and prosecuted in a court in the State of California and the
County of Los Angeles. Each party consents and submits to the
non-exclusive personal jurisdiction of any court in the State of California
and County of Los Angeles in respect of any such proceeding.
8.7 Acknowledgment. By opening this package and/or by accessing the
Licensed Content on this Website, THE END USER ACKNOWLEDGES THAT IT HAS
READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS
AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MUST
NOT ACCESS THE LICENSED CONTENT AND RETURN THE LICENSED PRODUCT TO CI
(WITHIN 30 CALENDAR DAYS OF THE END USER’S PURCHASE) WITH PROOF OF PAYMENT
ACCEPTABLE TO CI, FOR A CREDIT OR A REFUND.