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Network License Agreement

JOHN WILEY & SONS NETWORK LICENSE AGREEMENT

IMPORTANT—READ CAREFULLY BEFORE USING OR LOADING THE SOFTWARE.

This is a legal agreement between you, defined as the Licensee (which definition includes the end users where applicable) and John Wiley & Sons, Inc. (“Wiley”). The enclosed Wiley software program, including the User’s Guide (collectively, the “SOFTWARE”) is licensed by Wiley for use only on the terms set forth herein. Using or loading the SOFTWARE indicates that you accept these terms. If you do not agree to these terms, return the full product with proof of purchase within 30 days for a full refund.

  • 1.

    GRANT OF LICENSE. You have purchased a network license which permits use of the SOFTWARE on a local area network maintained by the entity identified by the “bill to” address (the “Site”), and which permits use by the maximum number of end users that you identified to Wiley when you ordered the SOFTWARE (the “Designated Number”). This Network License Agreement allows you to support up to the Designated Number of end users on the terms set forth below. Wiley grants to you the right to use one copy of the SOFTWARE on a server located at the Site which is capable of supporting up to the Designated Number of end users. You agree to use the SOFTWARE only for your internal purposes. If you wish to change the Designated Number of end users or the Site, you must contact Wiley at the address set forth in Paragraph 7 below. You hereby agree to take all measures to ensure (i) that all end users shall use the SOFTWARE solely for the purposes set forth herein and (ii) that all end users shall be advised of such purpose, restrictions and all provisions of use set forth herein.

  • 2.

    WARRANTIES, INDEMNITIES, AND LIMITATION OF LIABILITY. THIS SOFTWARE 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 Software will meet your particular requirements or that the operation of the Software will be uninterrupted or error-free. The entire risk as to the results and performance of the Software is assumed by you. If the Software 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 de- fects, 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 SOFTWARE 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 SOFTWARE OR DATA, 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.

(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.)

3.

COPYRIGHT. All intellectual property rights, trade secrets, and confidential information in the SOFTWARE and User’s Guide are owned by Wiley or its suppliers and are protected by the United States copyright laws, other applicable copyright laws, and international treaty provisions.

You may not: (a) copy or distribute the SOFTWARE, except to load the SOFTWARE into computers to support the Designated Number of end users; (b) modify, adapt, translate, publish (except as set forth in the preceding paragraph), transmit, reverse engineer, decompile, disassemble, or create derivative works based on the SOFTWARE or User’s Guide except as set forth in this License; (c) transfer (except with Wiley’s prior written permission), resell, rent, lease, sublicense, or grant any other rights of any kind to any individual copy of the SOFTWARE, including the User’s Guide, to any other person; and (d) remove any proprietary notices, labels or marks on the SOFTWARE or User’s Guide.

You shall take reasonable measures to maintain the security of the SOFTWARE and shall not allow any other parties, including your employees or students, to have access to or to use the SOFTWARE except as set forth herein, and you shall be responsible for any such use or access.

  • 4.

    TERM. This License is effective from the date you first use or load the SOFTWARE until it is terminated. If you should fail to perform in the manner required in this License, this License shall terminate and Wiley may exercise any other rights it may have. Upon termination, you agree to destroy all copies of the SOFTWARE (including all component parts) and the User’s Guide. All provisions of this License with regard to the protection of the proprietary rights of Wiley shall continue in force after such termination.

  • 5.

    GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and User’s Guide are provided with restricted and limited rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR 52.227-14 (June 1987) Alternate III (g)(3) (June 1987), FAR 52.227-19 (June 1987), or DFARS 52.227-701 (c)(1)(ii) (June 1988), as applicable.

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