For the purposes of this Agreement:
"Author" means Ken V. Krawchuk, a natural person, born on February 25, 1953 in Philadelphia, Pennsylvania.
"Book" means the novel Atlas Snubbed (ISBN 978-0615573410 or any future editions), in part or in whole, in Hardcopy, E-Book, or other form, written by the Author.
"E-book" means the electronic version of the Book, regardless of its format or encoding.
"Hardcopy" means the physical, printed version of the Book.
".EBUB" means the free and open e-book standard set by the International Digital Publishing Forum.
".PRC" means the Mobipocket e-book format based on the Open eBook standard using XHTML.
"Website" means the website AtlasSnubbed.com and any other web pages directly accessible from it via no more than three successive hyperlinks.
"Your Address" is the mailing address You provide to Us via the Website.
"Your E-mail Address" is the e-mail address You provide to Us via the Website.
2. FORMAT OF THE BOOK
You choose the format of the Book, either Hardcopy or E-book, via the Website. For an E-book, You can choose either the .EBUB or .PRC format.
3. DELIVERY OF THE BOOK
If You choose Hardcopy, We agree to mail the Hardcopy version of the Book to Your Address via the United States Postal Service Media Mail.
If You choose E-book, We agree to e-mail the E-book in the selected format to Your E-mail Address as a password-protected, compressed attachment. For security purposes, the password is e-mailed to You separately. Further, Your name, Your Address and Your E-mail Address that You provide via the Website will be included on the copyright page of the E-book along with the following reference to this Agreement: "Licensed by Agreement Exclusively to".
4. GRANT OF LICENSE
License. Upon Your payment of any applicable fees (including applicable taxes), We hereby grant You a non-exclusive right to view, use, and display the Book an unlimited number of times solely for Your personal, non-commercial use.
Limitations. The Book is licensed, not sold, to You by Us. Unless specifically indicated otherwise, You may not sell, rent, lease, distribute, broadcast, sublicense, or otherwise assign any rights to the Book or any portion of it to any third party, and You may not remove or modify any proprietary notices, labels, text, or any other portion of the Book. In addition, You may not bypass, modify, defeat, or circumvent security features that protect the Book. You may not use the Book on more than one computer system concurrently. Multi-use configurations or network distribution of the Book is expressly prohibited. The entire contents of the Book are protected by copyright, and any copying of the Book's contents is expressly prohibited. You may not remove, delete, transmit or create derivative works from any of the Book's content.
Other Responsibilities. You agree to obey all applicable laws and provide Us with accurate information. You agree to protect the Book from unauthorized use, reproduction, or distribution. You will notify Us of any known or suspected unauthorized use of Your copy of the Book including theft.
Information Received. Any information We receive from You becomes property of the Author and Us to use in any manner consistent with the terms of this Agreement and will not be divulged to any third party except pursuant to a lawful court order. We do not share Your information with other individuals, companies, or organizations for their commercial or marketing use without Your consent or except as part of a specific program or feature for which You will have the ability to opt-in or opt-out. Notwithstanding any terms of this Agreement, the Author, we, and our authorized represtnztives reserve the right to contact You from time to time.
5. GENERAL PROVISIONS
Compliance with Law and Reservation of Rights. You will use the Book in compliance with all applicable laws. Neither the sale, transfer, or licensing of the Book to You transfers to You title to or ownership of any intellectual property rights of the Author, Us, Our suppliers, or any other service providers. All licenses are non-exclusive and all rights not expressly granted in this Agreement are reserved to the Author, Us, Our suppliers, or any other service providers.
Export Regulations. You will comply with all applicable export and re-export restrictions and regulations, and You will not transfer, or encourage, assist, or authorize the transfer of, the Book to a prohibited country or otherwise in violation of any such restrictions or regulations.
Termination. Your rights under this Agreement will automatically terminate if You fail to comply with any term of this Agreement. In case of such termination, You must cease all use of the Book, return all Hardcopies, and immediately delete all electronic copies of the E-book without refund of any fees. Our failure to insist upon or enforce Your strict compliance with this Agreement will not constitute a waiver of any of Our or the Author's rights.
Disclaimer of Warranties. USE OF THE BOOK IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE AUTHOR, US, OR AN AUTHORIZED REPRESENTATIVE OF US CREATES A WARRANTY, AND THE BOOK IS PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE, THE AUTHOR, OUR SUPPLIERS, OUR LICENSORS, AND ANY OTHER CONTENT PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, SUCH AS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, WE, THE AUTHOR, OUR SUPPLIERS, OUR LICENSORS, AND ANY OTHER CONTENT PROVIDERS WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE BOOK, SUCH AS ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, OR DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE AUTHOR'S, OUR, OUR AUTHORIZED REPRESENTATIVES', AND ANY OTHER CONTENT PROVIDERS' AGGREGATE LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO ANY CLAIM RELATING TO PURCHASE OF THE BOOK IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THAT BOOK. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Indemnity. You agree to defend, indemnify and hold harmless the Author, Us, Our affiliates, authorized representatives, sublicensees and their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Website or the Book; (ii) Your violation of any term of this Agreement; or (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive this Agreement.
Governing Law. The laws of the Commonwealth of Pennsylvania, U.S.A., without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between You and Us.
Disputes. Any dispute or claim relating in any way to Your use of the Book will be resolved by binding arbitration rather than in court. You and We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree that We or the Author may bring suit in court to enjoin infringement or other misuse of Our or the Author's intellectual property rights.
Complete Agreement and Severability. This is the entire agreement between Us and You regarding the Book and supersedes all prior understandings regarding such subject matter. If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.
Amendment. We may amend any of the terms of this Agreement in Our sole discretion by posting the revised terms on the Website. Your continued use of the Book after the effective date of any such amendment constitutes Your agreement to be bound by such amendment.
Contact Information. For resolving any issues, please contact Customer Service by e-mail at info@AtlasSnubbed.com or by phone at (215) 572-9248.
Agreement V1.0, November 27, 2011
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