John Wiley and Sons, Inc. End User License Agreement
Carefully read the following Terms and Conditions before installing and/or using this John Wiley and Sons, Inc. (“Wiley”) software or database product (“Wiley Product”). By installing and/or using the Wiley Product you indicate your acceptance of the terms and conditions of this Agreement. If you do not agree to be bound by these terms and conditions, you may return the product with your receipt for the purchase and all packaging and documentation for a full refund within thirty (30) days of purchase.
- License: Wiley hereby grant you, and you accept, a non-exclusive and non-transferable license, to use the Wiley Product.
- Term: This License Agreement is effective until terminated. You may terminate it at any time by destroying the Wiley Product in your possession or by notify Wiley to end your Internet access to the Wiley Product.
- Authorized use of Wiley Product: This License allows you to install and use the Wiley Product on a single computer at a time. You may make one copy of the Wiley Product in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. You may selectively download and print limited content of the Wiley Product for your personal non-commercial use, provided, however that any such portions of the Wiley Product downloaded or printed will continue to be subject to the terms and conditions of this License, and you acknowledge that any copy, or portion printed is protected by U.S. copyright law. Upon termination of this License, you agree to destroy all copies in any form. IF YOU TRANSFER POSSESSION OF ANY COPY OF THE WILEY PRODUCT TO ANOTHER PARTY, YOU MUST NOTIFY THEM OF THE TERMS OF THIS LICENSE.
- Use Restrictions. You may not (a) Copy the WILEY PRODUCT, except to load it into a computer in accordance with Instructions set forth in the User’s Manual; (b) Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Wiley Product; (c) Copy, download, store in a retrieval system, publish, transmit, or otherwise reproduce, transfer, store, disseminate, or use, in any form or by any means, any part of the data contained within the System except as expressly provided for in this License; (d) Resell, sublicense, lease, or grant any other rights of any kind to any individual copy of the System to any other person; (e) Remove any proprietary notices, labels or marks on the System. THE WILEY PRODUCT AND THE MATERIAL ACCESSIBLE HEREIN MAY NOT BE USED IN THE OPERATION OF NUCLEAR FACILITIES OR FOR CLINICAL OR THERAPEUTIC USE OR IDENTIFICATION OF AN ISOTOPE OR IN RELATION TO ANY ACTIVITIES OR IN ANY OTHER CIRCUMSTANCE IN WHICH ANY ERROR OR FAILURE OF THE WILEY PRODUCT OR IN THE MATERIAL ACCESSIBLE THROUGH THE WILEY PRODUCT COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. THE WILEY PRODUCT SHOULD BE USED ONLY BY TECHNICALLY-QUALIFIED INDIVIDUALS OR THOSE UNDER THEIR DIRECT SUPERVISION. THE WILEY PRODUCT IS NOT A SUBSTITUTE FOR EXPERT INTERPRETATION OF CLINICAL LABORATORY RESULTS AND IS NOT A SUBSTITUTE FOR THE CURRENT STANDARD OF CARE FOR CLINICAL LABORATORY ANALYSIS. Your rights under this License will terminate automatically without notice from Wiley if you fail to comply with any term(s) of this License.
You shall take reasonable measures to maintain the security of the Wiley Product.
- Proprietary Rights. You acknowledge and agree that the Wiley Product is the sole and exclusive property of Wiley and/or its Licensors, and the Product and User Manual are licensed to you only for the term of this License and strictly under the terms hereof. Wiley and/or its Licensors own or have obtained all right, titles, and interest in and to the content in the Wiley Product, and the Wiley Product contains copyrighted and confidential trade secret information that is the property of, or licensed by Wiley. Except for the limited rights given to you herein, all rights are reserved by Wiley and/or its Licensors.
- Termination. If you should fail to perform in the manner required in this License, this License shall terminate and Wiley may exercise any rights it may have. Upon termination, Wiley may require that you destroy all of these materials and that you so certify, in writing to Wiley. All provisions of this license with regard to the protection of the proprietary rights of Wiley shall continue in force after such termination.
- Warranties, Indemnities, and Limitation of Liability. THE WILEY PRODUCT IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WILEY NEITHER GIVES NOR MAKES ANY OTHER WARRANTIES OR REPRESENTATIONS UNDER OR PURSUANT TO THIS LICENSE. Wiley does not warrant, guarantee or make any representations that the functions contained in the Wiley Product will meet your particular requirements or that the operation of the Wiley Product will be uninterrupted or error free. The entire risk as to the results and performance of the Wiley Software is assumed by you.
If the Wiley Product disc is defective in workmanship or materials and Wiley is given timely notice thereof, Wiley’s sole and exclusive liability and your sole and exclusive remedy, shall be to replace the defective disc. In the event of a defect in a disc covered by this warranty, Wiley will replace the disc provided that you return the defective disc to Wiley together with a copy of your receipt. If Wiley is unable to provide a disc that is free from such defects, you may terminate this License by returning the disc and all associated documentation to Wiley for a full refund. The foregoing states your sole remedy and Wiley’s sole obligation in the event of the occurrence of a defect coming within the scope of the Limited Warranty.
IN NO EVENT SHALL WILEY, ITS SUPPLIERS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE WILEY PRODUCT OR DOCUMENTATION BE LIABLE FOR ANY LOSS OR INACCURACY OF DATA OF ANY KIND OR FOR LOST PROFITS, LOST SAVINGS, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO THE USE OR INABILITY TO USE THE PRODUCT, EVEN IF WILEY OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY TO ANY CLAIM OR CAUSE WHATSOEVER WHETHER SUCH CLAIM OR CAUSE IS IN CONTRACT, TORT OR OTHERWISE.
The limited warranty set forth above is in lieu of all other express warranties, whether oral or written. The agents, employees and distributors of Wiley are not authorized to modify this warranty, nor to make additional warranties binding on Wiley. Accordingly, additional statements such as distributor representations, whether written or oral, do not constitute warranties of Wiley and should not be relied upon as a warranty of Wiley. In no case shall Wiley’s liability exceed the cost of the Wiley Product. You agree to indemnify and hold Wiley, its suppliers, and all of their officers, directors, employees and agents, as well all those individuals or organizations providing information for the Wiley Product, harmless from any and all claims of third parties resulting from or incidental to your use or operation of the Wiley Product, or arising from any breach by you of any provisions of this License. Wiley may, at its option, institute or defend any action arising out of the aforesaid clauses with counsel of its own choice.
(Some states do not allow exclusions or limitations of implied warranties or liability in certain cases, so the above exclusions and limitations may not apply to you.)
- Export Law Assurances. You may not use or otherwise export or re-export the Wiley Product except as authorized by United States law and the laws of the jurisdiction in which the Wiley Product was obtained. In particular, but without limitation, the Wiley Product may not be exported or re-exported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders. By using the Wiley Product, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
- General. (a) This License shall be governed by the laws of the State of New York in so far as they do not conflict with U.S. Federal regulations. (b) If any provision of this License is deemed to be unlawful, invalid, or unenforceable, the remaining provisions shall remain in full force and effect as if the unlawful, invalid, or unenforceable provision had been omitted. (c) Any legal action, suit, or proceeding arising out of or relating to this License or the breach thereof shall be instituted in a court of competent jurisdiction in New York County in the State of New York and each party hereby consents and submits to the personal jurisdiction of such court and consents to service of process by registered or certified mail, return receipt requested, at the last known address of such party. (d) The above warranties and indemnities shall survive the termination of this License. (e) Use, duplication, or disclosure by the U.S. Government is subject to restrictions stated in regulation 48-DFARS 252.227-7013(c)(1)(ii). Software licensors: John Wiley & Sons, Inc., 111 River Street, Hoboken, N.J. 07060.
- Acknowledgment. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO ACKNOWLEDGE THAT THIS LICENSE IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN WILEY AND YOU, AND THAT IT SUPERSEDES ANY PROPOSAL, PRIOR AGREEMENT, OR OTHER COMMUNICATIONS, WHETHER ORAL OR WRITTEN, BETWEEN YOU AND WILEY RELATING TO THE SUBJECT MATTER OF THIS LICENSE. THIS LICENSE CANNOT BE MODIFIED OR AMENDED EXCEPT BY A FURTHER WRITTEN INSTRUMENT EXECUTED BY YOU AND WILEY.
Please also see end-user license agreement from Bio-Rad: http://www.knowitall.com/eula/default.htm?redirect=true