| SAP PRESS BooksOnline END USER LICENSE AGREEMENT |
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Effective Date: January 22, 2010
The following rules ("Terms and Conditions") govern the access, purchase and use of the electronic books (the “E-books”) via a service (the “Service”) hosted and operated by Galileo Press, Inc., a Delaware corporation (“Galileo”). The E-books are offered through a joint venture between Wellesley Information Services, LLC, a Maryland limited liability company (“WIS”) and Galileo. Users of the Service have accessed the Service via the web shop located at www.sap-press.com (the “Web Shop”) which is owned and operated by WIS. Please read the following terms and conditions carefully. By using the Service and/or purchasing the E-book(s), you (“User” or “you”) understand and expressly agree to be legally bound by the terms and conditions of this User Agreement and to follow this User Agreement and all applicable laws and regulations governing the Service. We reserve the right to change this User Agreement at any time, with or without notice to you. Your continued use of the Service and access to the E-Books following the posting of changes to these terms will mean you accept those changes. Purchase and Access to E-books E-books will be hosted on Galileo servers and will be accessed over the internet via a link from the Web Shop. Users must have an internet connection. The precise technical requirements for the User systems are defined in the document entitled “Technical Standards” which may be accessed by clicking here. Galileo’s Online Reader, which is compatible with the common browser types, will be used to display the E-books in browsers. Galileo may at its own discretion refine the Online Reader to realize necessary adaptations to technological developments. Galileo will offer the Online Reader through a non-exclusive, non-transferable license for parallel use at one workstation of the purchaser If the use requires a temporary saving to the working memory and/or cache of a browser this shall be deemed authorized. Additional rights are not granted. Except as otherwise set forth in this User Agreement, Galileo will provide the Service for an unlimited period. Galileo shall be entitled to cancel access to the Service at any time. In the event of the termination of the E-book Service or the discontinuation of an E-book title in its electronic format, Galileo will provide the E-books purchased by a User in an appropriate and common format as download file or other acceptable form for unlimited use. Under these circumstances, each User will be provided with a weblink where each User will find this service. In order to download this file the User will need to accept a separate User Agreement. Copyrights and Trademarks of Galileo The Service is owned and operated by Galileo. Unless otherwise noted, all materials, including, but not limited to, E-books, text, manuscripts, images, illustrations, designs, icons, logos, photographs, video clips and audio clips that are part of the Service (collectively, the "Content") is protected by U.S. and international copyright laws and international treaty provisions and is owned, controlled or licensed by Galileo, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Service. We post legal notices and various credits on pages of the website or in connection with the Service. If you duplicate, publish or otherwise distribute material on the website or in connection with the Service, you may not remove these notices or credits or any additional information accompanying such notices and credits. Modification of the Content or use of the Content for any other purpose is a violation of Galileo’s copyright and other proprietary rights. For purposes of these terms, the use of any Content on any other web site or networked computer environment is prohibited. All trademarks, service marks and trade names are proprietary to Galileo. Galileo does not grant any license or other authorization to you for the use of the trade names, trademarks, or service marks of Galileo. Unauthorized use of any Content may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes or other applicable laws, rules or regulations, and may subject you to civil liability and/or criminal penalties. Grant of License; Permitted Use of Content You agree that you are only authorized to visit, view and to retain a copy of the E-books for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material accessed through the Service for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. No Content accessed via the Service may be copied, reproduced, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted, licensed, modified or distributed in any way. The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of Content accessed via the Service is STRICTLY PROHIBITED unless you have obtained the prior written consent of Galileo or unless it is expressly permitted by the Service. No other distribution of the Content by any Authorized User including, but not limited to, distribution via site licensing, on-line distribution, off-line downloading, tapes, discs, CD-ROM, optical media, hard copy formats, or print publication shall be permitted without the express written permission of an authorized officer of Galileo. No user may utilize any automated computer program or activity to search, index, test, download, or grab information from the Content or E-books (including but not limited to web robots, spiders, and crawlers). Galileo reserves the right to block or otherwise prevent the unauthorized use of such programs or activities. You specifically agree and understand that no rights of dissemination by any third party and no rights to sub-license to any third party are being granted to you under this Agreement. Except for the limited license specifically provided herein, this User Agreement shall not transfer to you any right to, or interest in, the Content, or in any data included in the Content, or in any copyright or trademark pertaining thereto. You acknowledge that you have no claim to ownership of any Content on the website simply by reason of your use of or access to the website or the Service. Accounts If you register as a user of the Service and/or purchaser of an E-book, you will be assigned a username and password that is unique to you. You are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under your username and password, whether or not authorized by you. By accessing the Service, you represent and warrant that: (i) you are the customer who registered for the services and related Content; (ii) that you are using the services and the Content only for permitted purposes; (iii) you will immediately notify us of any unauthorized use of the password or account or any other breach of security; and (iv) you will ensure that you exit from your account at the end of each session. Please notify us at SAP Press customer service customer@sap-press.com of any potential unauthorized use(s) of your account, or breach of security. Availability of the Services While Galileo will make all reasonable efforts to ensure that access to the E-Books and the Service are available at all times, Galileo does not guarantee, represent or warrant that your access to the Service or the E-books will be uninterrupted or error-free. In addition, while Galileo and WIS each makes reasonable efforts to ensure that all Content and/or information submitted by you to Galileo will be secure, Galileo does not guarantee that Service and access to the E-books will be free from loss, corruption, attack, viruses, "worms", "trojan horses" or other harmful components, or from interference, hacking or other security intrusions. Galileo may also impose limits on the use of or access to certain features or portions of the Service, in any case without notice or liability. Violation of the Terms and Conditions By using the Service and accessing the E-books, you understand and agree that if we determine, in our sole discretion, that you have breached any of the terms and conditions of this User Agreement, or their intent, your conduct is disruptive, or you have violated the law or the rights of Galileo or another user, we reserve the right to suspend or terminate access to the Service and to any E-books offered via the Service and take any other action which we, in our sole discretion, deem to be appropriate. Compliance With Laws You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Service. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of this User Agreement, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the terms and conditions of this User Agreement could be subject to criminal or civil penalties. Term; Termination Digital Millennium Copyright Act Policy If you are notifying Galileo of alleged copyright infringement, please be sure to provide the following information in the form required by 17 USC Section 512: 1. A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works; 2. A description of the allegedly infringing material and information sufficient to permit us to locate the material; 3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address; 4. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and 5. A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed. Designated Agent for Notification of Claimed Copyright Infringement Galileo Press, Inc. |