SAP PRESS E-Books END USER LICENSE AGREEMENT
Effective Date: October 15, 2012
The following terms and conditions (the "User Agreement") 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 available for download (“Downloadable Format”) and for online reading (“BooksOnline”). 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. You can download the Downloadable Format E-books and access the BooksOnline edition from your personal SAP PRESS E-book Library, which is linked to your customer account.
E-books are made available in up to four different file Downloadable Formats: EPUB, Kindle-compatible MOBI, PDF , and SAP PRESS BooksOnline. Although Galileo makes all efforts to provide as many E-books as possible in all file formats specified above, Galileo at its sole discretion decides in which format individual books will be made available. If you are not sure which formats come with your purchase, please refer to the Web shop product details page before you check out.
Galileo’s Online Reader, which is compatible with the most common browser types, will be used to display the BooksOnline 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 Service with respect to BooksOnline or the discontinuation of an E-book title that is only available in BooksOnline format, Galileo will provide the BooksOnline E-books purchased by a User in a Downloadable Format. Under these circumstances, each User will be provided with a weblink where each User will find this file.
SAP PRESS E-books cannot be returned and are not refundable. Also, printed books that were purchased as a part of a print/E-book bundle are non-returnable and non-refundable.
Subscriptions to the Service and E-books
In addition to purchasing E-books as described in the paragraph above (Purchase and Access to E-books), Users may be granted access to the BooksOnline version of E-books by way of annual subscriptions (a “License”). Each License will grant Users access to the specified BooksOnline version of E-books only for the time period (typically annual) set forth in such License. Users accessing E-books by way of a license will not be permitted to download E-books. Access to the BooksOnline version of E-books will terminate at the end of the License term (unless the License is renewed).
Licenses will grant Users access to (i) all available BooksOnline versions of E-books (“Enterprise Subscription”), or (ii) all available BooksOnline versions of E-books for a specified topic (a “Topic-Based Subscription”). Any new releases of the BooksOnline versions of E-books during the term of any License will be included in each Enterprise Subscription, and to the extent they relate to the topic covered by any Topic-Based Subscription, access will be included in such Topic-Based Subscription.
Licenses may be single-user or multi-user. Subscribers may re-assign access to the BooksOnline version of E-books only with the prior consent of WIS and only for authorized reasons which shall include Users changing jobs or roles with Subscribers and the termination of employment / new hires of Users.
Users accessing E-books via a License will be subject to this 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, programming code, 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
As purchaser of Downloadable Format E-books you may (i) download each file format of your E-book up to five (5) times, (ii) print each Downloadable Format E-book for personal use, and (iii) copy each Downloadable Format E-book, so long as you store this copy on a device that is solely and personally used by you.
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. You may not (i) forward (lend, sell, or give) electronic or printed copies of E-books to third parties, (ii) distribute an E-book on the Internet, in intranets, on company servers, or in any other way or make it available to third parties, (iii) conduct any public exhibition, other publication, or any reproduction of the E-book beyond personal use, or (iv) buy an E-book on behalf of your company, department, or team.
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 (except as permitted herein), 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.
Downloadable Format E-books are not protected with any Digital Rights Management (DRM) functionality. Each Downloadable Format E-book copy will contain a digital watermark, a signature that indicates which person may use this copy:
Copy no. aaaa-bbbb-cccc-dddd
Copyright notes, brands, and other legal reservations as well as the digital watermark may not be removed from the E-book.
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.
All of the foregoing limitations apply to each E-book in its entirety as well as to parts thereof (e.g., charts, pictures, tables, sections of text).
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 email@example.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.
This User Agreement is effective until terminated by Galileo. Galileo may terminate this User Agreement with respect to you or any other third party without notice at any time for any reason. All terms that by their nature should survive termination of this User Agreement will survive.
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.
THE CONTENT IN THE SITE OR ACCESSED VIA THE SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EACH OF WIS AND GALILEO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER WIS NOR GALILEO WARRANTS THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) THAT MAKES THE SITE OR SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WIS NOR GALILEO WARRANTS OR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THE SITE OR ACCESSED VIA THE SERVICE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WIS OR GALILEO) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WIS OR GALILEO BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON THE SITE OR ACCESSED VIA THE SERVICE, EVEN IF WIS, GALILEO OR AN AUTHORIZED REPRESENTATIVE OF WIS OR GALILEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL WIS'S OR GALILEO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEEDNG THE DATE THE CLAIM ARISES.
You agree to defend, indemnify and hold harmless each of Galileo and WIS, their respective affiliates officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this User Agreement; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive this User Agreement and your use of the Service.
This Service and related website is controlled by Galileo from its offices within the Commonwealth of Massachusetts, United States of America. Galileo makes no representation that the Content is appropriate for use in other locations. Any claim relating to the Content will be governed by the laws of the Commonwealth of Massachusetts, notwithstanding any conflicts of law principles, and the United States of America. You and Galileo agree that and hereby submit to the exclusive personal jurisdiction and venue of the State and Federal Courts located in Norfolk County, Massachusetts with respect to any such claim. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the Service and this User Agreement must be filed within one (1) year of the date the cause of action arose, or be barred as untimely. Any part of this User Agreement that is unlawful, void or unenforceable will be deemed severable and will not affect the validity or enforceability of the remaining provisions. All waivers must be in writing. Any waiver or failure to enforce this User Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. You may not assign your rights or obligations granted under this User Agreement without the prior written consent of Galileo. Any attempted assignment or transfer without such prior written consent from Galileo shall be null and void. The headings of sections of this User Agreement are for convenience only and are not to be used in interpreting this User Agreement. In the event Galileo is required to initiate legal proceedings to enforce any provision of this User Agreement or you initiate any legal proceedings relating to this User Agreement, the prevailing party shall be entitled to recover all reasonable attorneys' fees from the other party. This User Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. This User Agreement may only be modified by Galileo in writing.
All requests for further information or for permission to reproduce any portions of the Content should be directed to: Galileo Press, Inc., 100 Grossman Dr., Suite 205, Braintree, MA 02184, EMAIL: firstname.lastname@example.org