LICENSE AGREEMENT This is your License Agreement for use of the Digital Image Collections CD-ROMs (hereafter referred to as the Program). Your use of the Program constitutes acceptance of the Agreement. Please read the following terms and conditions carefully. If you do not agree to the terms of this Agreement, promptly return the Program to your place of purchase within 30 days for a full refund. This Program is the property of The American Phytopathological Society (hereafter referred to as APS PRESS) and is protected by International Treaty provisions and United States copyright law. You are granted a license to use this Program under the terms stated in this Agreement. APS PRESS retains all titles, copyrights, intellectual property rights, and ownership of the Program. APS PRESS authorizes you to make one archival copy of the Program for the sole purpose of backing up your Program and protecting your investment from loss. The backup copy must be labeled or named as such and must include all copyright statements. Any other use of the Program without written permission from APS PRESS is in violation of copyright. You, the Customer (meaning the person who has purchased the Program), shall take reasonable action to restrict and control all use of the Program licensed hereunder, to enforce the restrictions, and to prevent access except to those authorized by the terms of this Agreement. RESTRICTIONS You may not rent or loan the Program without the written permission of APS PRESS. You may make a one-time, permanent transfer of ownership of the Program to another individual. You may not decompile, disassemble, reverse engineer, copy, create a derivative work, or otherwise use the Program except as stated in this Agreement. You are granted license for use of the Program as Single User Version License. PERSONAL USE VERSION LICENSE (Single User) Use of this APS Digital Image Collection is limited solely to the individual purchaser. It may not be loaned, rented, transferred or otherwise shared with other individuals. The CD-ROM and its content may not reside concurrently on more than one computer and it may not be networked. You, the purchaser, may use the content of the collection in your own personal, noncommercial work and teaching. This includes searching, viewing, and digitally projecting images of the collection. Such personal use also includes printing and distributing individual image printouts by laser or other computer printer. It does not include reproduction by offset lithography or other reprographic printing devices. For personal, noncommercial work and teaching, individual image files may be exported into other computer applications. This may include word processing documents, digital presentations, interactive teaching modules, and the like. The end result of such application may be distributed as computer printouts, on stand-alone computer, on local area network, and on restricted access Intranet. Applications containing images exported from the APS Digital Image Collection may NOT be distributed via Internet or other external network. Further, no exported image files may be distributed "as is" directly from the APS Digital Image Collection. Rather, all exported images must be encompassed in a larger application personally developed by the licensed user. Permission for any other use of images within the collection may be sought by written request to The American Phytopathological Society. LIBARY/DEPARTMENT (MULTI) USER VERSION LICENSE The Multi User APS Digital Image Collection CD-ROM may not be networked. It is available for individual use, to be shelved at a single facility. The Program may be hosted on a single terminal, or borrowed by individuals for use in that facility or taken elsewhere for use. Students, Faculty, or Employees of a single institution are allowed use of the Multi User APS Digital Image Collection CD-ROM under the same Terms as the Single User Version (see above). LIMITATION OF WARRANTIES AND LIABILITY APS PRESS warrants that this CD-ROM is free from defects in materials and workmanship under normal use. APS PRESS will replace defective CD-ROMs free of charge upon their return to APS PRESS. APS PRESS makes no warrant that the Program is free from bugs, errors, or omissions. These warranties are in lieu of any other warranties, expressed or implied. In no event will APS PRESS be liable for damages, including financial or otherwise, or other incidental or consequential damages arising out of your use of or inability to use the Program. In no event will APS PRESS' liability exceed the amount paid by the Customer for the Program. This will be APS PRESS' entire liability with respect to this License. Some states/jurisdictions do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages, therefore, the above limitations or exclusions may not apply to you. CUSTOMER SUPPORT APS PRESS will make a reasonable effort to answer technical questions concerning the Program. APS PRESS supports the Program only if it is used under the conditions and on operating systems for which the Program is designed. Any technical assistance that APS PRESS may provide the Customer is provided solely as a service to the Customer for which APS PRESS assumes no liability. SEVERABILITY If a term or condition of this Agreement is invalid or unenforceable, the remaining terms and conditions shall remain in full force and effect and shall be enforceable to the maximum extent permitted by law. (C) 2005 by the American Phytopathological Society. All rights reserved. |
return it within 30 days with a copy of your receipt for a full refund. © APS PRESS The American Phytopathological Society |