Kirjasto Terms of Use

License Agreement 1.0 for Educators and Institutions

General Summary:

This license applies to: Validated Educators and Institutions only.

Where conflicts exist between this license and any other wording/license on the Kirjasto site, this license shall govern.

The fee for this license is dependent on number of users and is free for educators.

This license permits:
- Download of or access to the Content
- Personal Use.

The Kirjasto License Agreement for Educators and Institutions (collectively Educator(s)) provides license terms that govern the use of Kirjasto content by educators. If you are an educator validated by our platform, this license permits you to access and use the content at no charge. What this license does not permit you to do is to share the content with students other than where license is provided unless you have an special permission with Kirjasto.This new license is critical in order to enable us to continue to offer the convenience and flexibility of our content and personalization platform, as well as to protect our intellectual property rights and those of our authors.If you have any questions regarding the Kirjasto License Agreement for Educators, please contact us at info@kopykitab.com

Legal:

Last Updated: March 18, 2013

Applicability:

This License is for educators and institutions ('Educators') only that have been validated by Kirjasto. If you are not an Educator, then this License does not apply to you and you are not permitted to use the Content under the terms of this License until unless special permission is granted by Kirjasto. If you are not an Educator, you must use the Content under the License Agreement for Non-Educators, which can be accessed through the Student portion of the site at www.kopykitab.com.

Permitted License Uses and Restrictions:

Subject to the terms and conditions of this License, you are granted a limited, non-exclusive, non-transferable, revocable, royalty-free license during the Term (defined below) to access, download and use the Content only as follows:

You may print and copy permitted content for your own use.
www.kopykitab.com This personalization platform does allow for insertion of other content not owned by Kirjasto, so long as you have the appropriate rights to make use of that inserted content
You must keep intact all copyright and other attribution notices in the content.
You may not and you agree not to, or to enable others to, exercise any of the rights granted to you herein in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation outside of the proprietary Kirjasto platform.
Any other use of the content requires the written consent of KIRJASTO.

Except as set forth in Section 2 above, this License is non-transferable. Any purported assignment or transfer of the content or this License shall be null and void. You are also prohibited from any rental, lease, sale, redistribution and/or sublicensing of the content.

Intellectual Property:

As between KIRJASTO and you, the intellectual property rights in and to the content are the sole and exclusive property of KIRJASTO. KIRJASTO shall retain all right and title to all proprietary rights in the content, and to any other intellectual property owned or otherwise provided by KIRJASTO hereunder. You shall have no right to use the content for any purpose other than as expressly set forth herein.

Termination:

This License is effective beginning on the date and time that you click 'I Agree' ('Effective Date') and shall continue in full force and effect until terminated by KIRJASTO in accordance with this Section 6 (the 'Term'); provided, however, that your rights under this License will terminate automatically or otherwise cease to be effective without notice from KIRJASTO if you fail to comply with any term(s) of this License. KIRJASTO reserves the right to modify the content and/or terminate this License and your access to all or any part of the content, without prior notice or liability, if necessary to comply with applicable laws, rules, regulations or judicial orders. Upon the termination of this License: (i) you shall immediately destroy any and all copies of the content that are in your possession or control, and shall, upon request by KIRJASTO, provide KIRJASTO with written certification of such removal and destruction; and (ii) Sections 5, 6, and 8-13 of this License shall survive. It is understood KIRJASTO will work with any request for removal or destruction of content to enable the current term of instruction to be completed, although KIRJASTO may not control that ultimate decision.There is no License fee for the Content for Educators. Institutions may enter into a Licensing arrangement with Kirjasto via a separate contract between the parties.

Disclaimer of Warranties:

To the maximum extent permitted by applicable law, the content is provided 'as is' and 'as available', with all faults and without warranty of any kind. Kirjasto hereby disclaims any and all express and implied warranties with respect to the content, including, but not limited to, any warranties of merchantability, fitness for a particular purpose and non-infringement and any warranties arising from a course of performance, a course of dealing or trade usage. Kirjasto does not warrant that the content will meet your requirements or that the content will be error free.

Limitation of Liability:

To the extent not prohibited by applicable law, in no event shall kirjasto be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption or any other commercial damages or losses, arising out of or related to your use of or inability to use the content, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if kirjasto has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.

Controlling Law and Severability:

This License will be governed by and construed in accordance with the laws of the State Madhya Pradesh, excluding its conflict of law principles. This License shall not be governed by Indian Law on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

Electronic Communications and Contracting:

By assenting to this License, you agree that a printed version of this License shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Complete Agreement:

This License constitutes the entire agreement between you and KIRJASTO relating to the Content and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by KIRJASTO.

Notices:

NOTICES FROM KIRJASTO

If KIRJASTO needs to contact you about the Content or your account, you consent to receive the notices by e-mail. You agree that any such notices that we send you electronically will satisfy any legal communication requirements.

Kirjasto is a brand of kopykitab.com