1 License Terms
a. GRANT
Building Technology Press (BT Press) hereby grants Subscriber a worldwide non-exclusive, non-transferable, revocable, limited license to viewo ur content online via html5 viewer. Ourflipbooks consist of BT Press owned and/or licensed content on select topics. Subscriber is licensed to use content made available to Subscriber in the Flipbooks(s) (“Content”) solely in the regular course of legal and other research and related work. If BT Press loses the right to offer any Flipbooks Content, discontinues the Software, or is otherwise unable to offer Flipbooks Content, BT Press may terminate Subscriber’s access to the Flipbooks(s), including notes and annotations. At BT Press’s sole discretion and using commercially reasonable practices, BT Press may provide the Content in another media format. BT Press, at its sole discretion may update Subscriber to a more recent version of the Flipbooks(s) if necessary to maintain access.
b. UPDATES
License for Flipbooks that are not updated or for which Subscriber did not purchase a license for updates, includes continuing access to the Flipbook version ordered through Subscriber’s BT Press account. Online (browser based) access will be available for one year from the date access is made available. License for Flipbooks that are updated includes continuing access to the most current version of each edition of the Flipbook available during the term of Subscriber’s license. Online access will remain available for one year following the end of the term.
c. PERMITTED USE
Subscriber may: (i) use, browse, and search the Content; (ii) quote and excerpt from the Content into Subscriber’s work product created in the regular course of its research and work (“Work Product”);.
d. LIMITATONS
Subscriber may not copy, download, print, scrape, store, publish, transmit, retransmit, transfer, distribute, disseminate, broadcast, circulate, sell, resell or otherwise use the Content, or any portion of the Content, in any form or by any means, except (i) as expressly permitted by this Agreement, (ii) with BT Press’s prior written permission, or (iii) as permitted under the fair use provision of the Copyright Act (17 U.S.C.A. § 107). Content shall not be stored or used in an archival database or other searchable database except as expressly permitted by this Agreement or as quoted in Subscriber’s Work Product. Except as otherwise permitted in this Agreement, Subscriber shall not sell, license, sublicense or distribute Content (including printouts) to third parties or use Content as a component of or as a basis for any material offered for sale, license or distribution. License code(s) shall be used only by the Subscriber; sharing of license code(s) is STRICTLY PROHIBITED.
f. RIGHTS IN CONTENT
Except for the license granted in this Agreement, all right, title and interest in Content, in all languages, formats and media throughout the world, including all copyrights, are and will continue to be the exclusive property of BT PRESS and other contributors (“Contributors”) of Content.
2. TECHNICAL REQUIREMENTS.
Internet access is required to access the Flipbook online.
3. DICLAIMER OF WARRANTIES and LIMTATION of LIABILITY
FLIPBOOK AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. BT PRESS AND CONTRIBUTORS SHALL HAVE NO LIABILITY WHATSOEVER TO SUBSCRIBER FOR ANY CLAIM(S) RELATING IN ANY WAY TO THIS AGREEMENT OR THEIR PERFORMANCE HEREUNDER, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT OR NEGLIGENCE. IN NO EVENT SHALL BT PRESS OR CONTRIBUTORS BE LIABLE TO SUBSCRIBER FOR ANY CLAIM(S) RELATING TO SUBSCRIBER’S INABILITY OR FAILURE TO PERFORM RESEARCH OR RELATED WORK OR TO PERFORM SUCH RESEARCH OR OTHER WORK PROPERLY OR COMPLETELY EVEN IF ASSISTED BY BT PRESS NOR SHALL WEST OR CONTRIBUTORS BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. RESPONSIBILITY FOR CERTAIN MATTERS
Subscriber shall be responsible for all access to and use of Flipbooks by means of Subscriber’s equipment or Subscriber’s license code, whether or not Subscriber has knowledge of or authorizes such access and use.