Single-User License Agreement for Access to CymaVibe Digital Files
PLEASE READ BEFORE DOWNLOADING DIGITAL FILE!
Read about Multi-User Licenses
A. CymaVibes hereby grants You a non-exclusive, non-transferable license to the digital file for your sole use.
B. You may install the file on your computer and on up to four others of your personal devices if they are accessible by only You.
2. Authorized Use
A. The digital file is copyrighted by CymaVibes, as indicated. Except as specified herein, no part of the digital file may be reproduced or transmitted in any form, including transmittal by e-mail, by file transfer protocol (FTP), or by being made part of a network-accessible system, without the prior written permission of CymaVibes.
B. In cases of a requirement to reproduce a document or portions of a document as part of documentation for external submission (e.g. as part of technical specifications for a project proposal), the necessary pages of the document, may be reproduced and submitted provided CymaVibe's copyright notice is included. You agree to notify CymaVibe's of any such use. For internal and archival purposes only, a paper copy may be attached to your documentation and shall be considered a permanent part of that documentation.
C. Under no circumstances are You permitted to reproduce or distribute all or part of any document for external use or for use in any other site or group of sites, except as set forth in (B) above.
D. Concurrent viewing of the digital file on two or more computers and viewing the digital file through a local area network, wide area network, or any other type of network including cloud-computing access is prohibited by this license. If a digital file is stored on your computer, and your computer is accessible to other users on a network, the file should be locked so as not to be accessed by other users on the network.
E. You may not sell, sublicense, lease, rent, modify, merge, adapt, translate, assign or otherwise transfer any of the digital file or parts of the file, or remove any proprietary notice, watermark, or label appearing on the file, including any copyright and trademark notices.
F. Allowable exemptions to these terms of authorized use are specified under the US Copyright Law Fair Use Doctrine, (U.S.C. Title 17, Section 107). Any breach of this Agreement is cause for revocation of this License.
3. Intellectual Property
All intellectual property contained within the digital file, and all trademarks, service marks, copyrights, ownership and other rights therein are and shall remain the sole and exclusive property of CymaVibes. Other copyrights belonging to third parties are and shall remain the property of their respective copyright owners.
CymaVibes reserves the right to change file settings, permissions, and modes of access on subsequent file downloads at its discretion without prior notice.
CYMAVIBES MAKES NO REPRESENTATION OR WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW) WITH RESPECT TO THE PRODUCT, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE SUFFICIENCY, ACCURACY OR UTILIZATION OF, OR ANY INFORMATION OR OPINION CONTAINED OR REFLECTED IN, OR PRODUCED THROUGH, ANY OF THE PRODUCT. AWWA EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PRODUCT IS PROVIDED “AS IS.” THE USER ASSUMES ALL RISK OF USE. NO OFFICER, DIRECTOR, EMPLOYEE, MEMBER, AGENT, OR REPRESENTATIVE OF CYMAVIBES IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS LIMITED WARRANTY.
5. Disclaimer & Indemnification
In no event will CymaVibes be liable for direct, indirect, special, incidental, or consequential damages arising out of the use of information presented in this digital file. In particular, CymaVibes will not be responsible for any costs, including but not limited to those incurred as a result of lost revenue. In no event shall CymaVibe’s liability exceed the amount paid by the Licensor for the digital file license.
You agree to indemnify, defend, and hold harmless CymaVibes and its Sections and each of their respective officers, directors, employees, legal representatives, agents, contractors, successors, and assigns from and against any and all losses, claims, demands, costs, damages, expenses, judgments, awards, settlements or liabilities in connection with any third party claim, suit, action, or proceeding resulting from or arising out of a third party claim based on a breach of this agreement, including any of the representations and warranties set forth herein.
6. Governing Law
This Agreement will be governed by U.S. intellectual property laws and the laws of the State of Illinois without giving effect to any choice of law principles that would require the application of the laws of a different country or state. The Parties consent to the exclusive jurisdiction of the local and U.S. government courts located in the State of Illinois, in any action arising out of or relating to this Agreement, and agree that any action arising out of or relating to this Agreement will be maintained in the same jurisdiction.
If You have questions at any time regarding the use of electronic files, please contact CymaVibes (email [email protected]
or call 773.800.9174) for guidance and clarification. Once the digital file is downloaded and received by You, no refunds or exchanges for the digital download will be given, except as may be necessitated by a technical issue.