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Digital Assessments

Digital Assessment End User License Agreement

Please read this Digital Assessment End User License Agreement ("Agreement") carefully before downloading the digital content. By clicking "I Agree" and downloading the digital content, you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not download or use the digital content.

IMPORTANT:  The Content being licensed pursuant to this Agreement may NOT be used for any purpose in the Pensacola area (Pensacola, Florida, and the immediate surrounding areas of Escambia County, Florida, and Santa Rosa County, Florida).  If your educational institution is located within this area, DO NOT download the Content.

1) License

Subject to the terms and conditions of this Agreement, A Beka Book, Inc. (the "Licensor") hereby grants to you for the Term of this
Agreement, the limited right and license to download and use the digital content made available to you by Licensor (collectively, the "Content") for your personal, noncommercial use within your educational establishment. The license granted herein is a per-seat license based upon student enrollment, and may not be shared with any person or entity outside of your institution. You are responsible for maintaining a sufficient number of students to fill the licensed seats during the Term of this Agreement. This license does not include any patents or other intellectual property rights. The Licensor retains all rights, title and interest in and to the Content, including all copyrights, trademarks, and ownership rights. The Content, including any copies you are authorized to make pursuant to this Agreement, are subject to all the terms and conditions of this Agreement.

2) Copyright

The Content is the property of the Licensor and is protected by the copyright laws of the United States and worldwide by various copyright and intellectual property laws and treaties. You do not acquire ownership rights to any of the Content through the use of this product, or any right to reproduce, distribute, publicly display, publicly perform, or to create derivative works for the Content unless specifically set forth herein. You agree to abide by any and all additional copyright notices, information, or restrictions associated with the Content. By accessing and/or using the Content in any way, you acknowledge the validity and enforceability of the copyright and agree that you will not in any way infringe, either directly or indirectly Licensor's copyrights in and to the Content.

3) Restrictions on Use of Content

You may not, without obtaining the prior written consent of the Licensor and the payment of additional license fees: (1) publish or publicly display the Content; (2) make the Content available to any person or entity outside of your establishment; (3) reproduce the Content on a website, mobile application, software application, e-book, or e-mail; (4) except as provided herein, copy, sublicense, resell, rent, lend, assign, timeshare, gift or otherwise transfer or distribute all or part of the Content or the rights granted under this Agreement to any other person or entity; (5) use or display the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement; or (6) remove any notices, labels or marks from the Content including, notices of copyright, trademark or other proprietary rights.

You shall maintain a robust firewall to safeguard against unauthorized third-party access to the Content.

Licensor reserves the right, but is not obligated, to update the Content.  By downloading or using the Content, you agree to automatically receive updates.

Where the Licensor reasonably believes that Content is being used outside of the scope of the license granted under this Agreement, Licensor will have the right, during normal business hours and upon five (5) days prior written notice, to inspect your records and equipment relating to this Agreement in order to ensure that you are in compliance with the Agreement. Licensor will bear the expenses of such audit unless the audit demonstrates that you are not in compliance with this Agreement in which case you shall promptly pay Licensor's standard license fees for the uses that have been made beyond the scope of this Agreement along with Licensor's reasonable audit costs.

4) Limited Permission to Reproduce the Content

You may make unlimited copies of the Content during the Term of this Agreement solely for your own personal use within your educational establishment. You may also combine the Content with your own content; provided, that, you hereby grant to Licensor a non-exclusive, fully paid, royalty-free, transferable, sub-licensable, worldwide license to use such content. If your use of the Content in connection with materials not provided by Licensor results in any claim, cause of action, loss, fee, damage, liability, or judgment ("Losses") by or against Licensor, including its related entities, affiliates successors and assigns, and each of their respective officers, directors, employees and agents (collectively, "Indemnified Party") you agree to indemnify, hold harmless and defend the Indemnified Party against all such Losses, including reasonable attorneys' fees.

5) Data Collection

Licensor reserves the right to collect and analyze data relating to your use of the Content. Licensor uses this data to improve the Content, for marketing research, to make promotional offers from Licensor, and to assess your compliance with the terms and conditions of this Agreement. Licensor's and your privacy rights and obligations are further described in the separate privacy policy found at the website and updated from time to time.  In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Licensor's systems and customers, or to ensure the integrity and operation of Licensor's business and systems, Licensor may disclose any information it considers necessary or appropriate, including, without limitation, user profile information (e.g., name, e-mail address, etc.), IP addressing and traffic information, and usage history.

6) Term and Termination

Unless terminated early as provided herein, this Agreement shall remain in force for a period of twelve (12) months from the begin date selected when this license was purchased (the "Term"). Notwithstanding the foregoing, Licensor will have the right to terminate this Agreement at any time upon five (5) days notice in the event that you use the Content in a manner that is not permitted by this Agreement.  Upon expiration of the Term, you agree to discontinue all use of the Content in whatever form and to destroy all copies of the Content in your possession. Only original content authored by you that is severable from the Content may be used following the expiration of the Term. Use or reproduction of the Content in any form after the expiration of this Agreement is strictly prohibited.

7)  No Warranty

THE CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LICENSOR FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NONINFRINGEMENT.

8) Limitation of Liability

Under no circumstances, including negligence, shall the Licensor be liable for any incidental, special, indirect or consequential damages arising out of or relating to this Agreement. Some jurisdictions do not allow the limitation of incidental or consequential damages, so this limitation may not apply to you. In no event shall the Licensor's total liability to you for all damages exceed the amount of fifty US dollars (US$ 50.00).

9) Controlling Law and Severability

This Agreement shall be governed by the laws of the United States and the State of Florida. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.

10) Complete Agreement

This Agreement constitutes the entire agreement between the parties with respect to the use of the Content licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing signed by an authorized representative of the Licensor.

By clicking "I Agree," you certify that you have carefully reviewed, approved and accepted the terms and conditions of the foregoing Agreement.

CONTACT US

  • Call Toll Free
    1-877-A Beka Book
    (1-877-223-5226)
    International
    850-478-8933
    Fax U.S. and Canada
    1-800-874-3590
    Information*abeka|com

LEGAL