E-Book Licensing Agreement
PETEX SINGLE SEAT E-BOOK LICENSE AGREEMENT
Last updated January 06, 2010
PETEX’s electronic books, texts and monographs (“e-book” or “e-books”) contain copyrighted material. Your download, access and/or use of an e-book constitutes your agreement to the terms and conditions set forth in this license agreement (“Agreement”). Please read the Agreement carefully and confirm assent to its terms by checking the box below.
The University of Texas System, through PETEX, grants, and the user of the e-book accepts, a non-exclusive, limited license to access and use the e-book subject to the terms and conditions below.
- Grant of License
Subject to the terms and conditions herein, PETEX grants you a non-exclusive, non-transferable single seat license to download and access the e-book to a single computer using the identification and password information provided to you by PETEX or the one you are permitted by PETEX to create. The standard license for each e-book is granted for a period on 1825 consecutive calendar days from the date of activation by PETEX. Other license terms with different duration periods and discounts may be available on PETEX website.
As a condition of this Agreement, you agree you will not: (1) resell, rent, assign, timeshare, distribute, or transfer all or part of the e-book or any rights granted hereunder to any other person; (2) copy any content from the e-book and redistribute or reuse the content in any way, (3) remove any proprietary notices, labels, or marks from the e-book, or otherwise modify the e-book in any way; (4) create derivative works from the e-book, publish or publicly display the e-book; and (5) transfer or sublicense your license to use the e-book as permitted herein to any other person or party.
PETEX reserves the right to terminate your access in its sole discretion, including, without limitation, based on any activity by a User in violation of these terms.
International Users: If you access the PETEX e-books from a location outside the United States, you are responsible for compliance with all local and international e-commerce laws. You agree that you will not use the PETEX e-books in any country or in any manner prohibited by United States export control laws or any other applicable laws, restrictions or regulations.
PETEX has the right to monitor the use of its e-books to determine compliance with these terms and any operating rules established by PETEX; and to satisfy any law, regulation or authorized government request.
- Intellectual Property
PETEX is the exclusive owner of the e-book. PETEX reserves all rights in the e-book not expressly granted herein, and nothing in this license shall imply either a license or ownership of any part of the e-book except as described in this Agreement. This license and your right to use the e-book terminate automatically if you violate any part of this Agreement. In the event of termination, you will immediately destroy the original and all copies of the e-book.
- No Warranties
PETEX MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR IN ANY COMMUNICATION WITH YOU, AND PETEX SPECIFICALLY DISCLAIMS ANY WARRANTY INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE. PETEX DOES NOT WARRANT THAT THE OPERATION OF THE E-BOOK WILL BE UNINTERRUPTED OR ERROR FREE. If the e-book license was purchased in the United States, the above exclusions may not apply to you as some states do not allow the exclusion of implied warranties. In addition to the above warranty rights, you may also have other rights that vary from state to state.
IN NO EVENT WILL PETEX BE LIABLE FOR ANY DAMAGES, WHETHER ARISING FROM TORT OR CONTRACT, INCLUDING LOSS OF DATA, LOST PROFITS, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE DOWNLOAD, USE OR INABILITY TO USE THE E-BOOK. THE PARTIES ARE AWARE THAT THERE CONSTITUTION AND STATUTORY LIMITATIONS ON THE AUTHORITY OF PETEX AND THE UNIVERSITY OF TEXAS SYSTEM (A STATE AGENCY) TO ENTER INTO CERTAIN TERMS AND CONDITIONS OF THE LICENSE AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THOSE TERMS AND CONDITIONS RELATING TO DISCLAIMERS AND LIMITATIONS OF WARRANTIES; DISCLAIMERS AND LIMITATION OF LIABILITY FOR DAMAGES; WAIVERS; DISCLAIMERS AND LIMITATIONS OF LEGAL RIGHTS, REMEDIES, REQUIREMENTS AND PROCESSES; LIMITATIONS OF PERIODS TO BRING LEGAL ACTIONS; LIABILITY FOR ACTS OR OMMISSIONS OF THIRD PARTIES; PAYMENT OF ATTORNEY’S FEES; DISPUTE RESOLUTION; AND INDEMNITIES (COLLECTIVELY, THE “LIMITATIONS”), AND NOTHING RELATING TO THE LIMITATIONS WILL BE BINDING ON PETEX OR THE UNIVERSITY OF TEXAS SYSTEM EXCEPT TO THE EXTENT AUTHORIZED BY THE LAWS AND CONSTITUTION OF THE STATE OF TEXAS. NOTHING IN THIS AGREEMENT WAIVES SOVEREIGN IMMUNITY BY THE UNIVERSITY OF TEXAS SYSTEM OR THE STATE OF TEXAS.
- Notification of Changes
From time to time, PETEX may revise the terms and conditions contained within this Agreement. Regardless of whether the Agreement is revised, all terms and conditions herein are subject to the laws and regulations of the State of Texas and policies of the University of Texas System. Please refer to www.utexas.edu/ce/petex link periodically for any changes.
- Contact Information
Petroleum Extension Service
This Agreement constitutes the entire agreement between you and PETEX and supersedes any prior agreement concerning the e-book. This Agreement may not be modified, waived or amended except by a writing signed by the parties, and it is governed by the laws of the State of Texas without reference to conflicts of laws provisions. Travis County, Texas, will be the proper place of venue for suit on or in respect of this Agreement.