ELECTRONIC END USER LICENCE AGREEMENT FOR Scott-Brown’s Otorhinolaryngology CD-ROM published by Edward Arnold (Publishers) Ltd (referred to throughout as ‘the Publisher’)

NOTICE TO USER:

THIS IS A CONTRACT. BY INSTALLING THIS CD-ROM YOU AND OTHERS TO WHOM YOU ALLOW ACCESS TO THE CD-ROM ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This End User Licence Agreement accompanies the Scott-Brown’s Otorhinolaryngology CD-ROM. Please read this Agreement carefully. At the end, you will be asked to accept this Agreement and continue to install or, if you do not wish to accept this Agreement, to decline this Agreement, in which case you will not be able to use the CD-ROM.
Upon your acceptance of this Agreement, the Publisher grants to you a non-exclusive, non-transferable licence to install, run and use the CD-ROM, subject to the following:

1. Use of the CD-ROM. You may only install the CD-ROM on a hard disk or other storage device connected to one single computer. This CD-ROM is not available in a network edition and should not be saved to a network drive. You may not make or distribute any copies of the CD-ROM, or use it in any way not specified in this Agreement.

2. Copyright. The CD-ROM is owned by the Publisher and its authors and suppliers, and is protected by Copyright Law. Except as stated above, this Agreement does not grant you any intellectual property rights in the CD-ROM or in the contents of Scott-Brown’s Otorhinolaryngology CD-ROM as sold. All moral rights of artists and all other contributors to the CD-ROM are hereby asserted.

3. Restrictions. You assume full responsibility for the use of the CD-ROM and agree to use the CD-ROM legally and responsibly. You agree that you or any other person within or acting on behalf of the purchasing institution shall NOT: use or copy the CD-ROM otherwise than as specified in clause 1; transfer, distribute, rent, lease, sub-lease or otherwise deal in the CD-ROM or any part of it; alter, adapt, merge, modify or translate the whole or any part of the CD-ROM for any purpose; or permit the whole or any part of the CD-ROM to be combined with or incorporated in any other product or program. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the CD-ROM. You may not alter or modify the installer program or any other part of the CD-ROM or create a new installer for the CD-ROM.

4. No Warranty. The CD-ROM is being delivered to you AS IS and the Publisher makes no warranty as to its use or performance except that the CD-ROM will perform substantially as specified. THE PUBLISHER AND ITS AUTHORS AND SUPPLIERS DO NOT AND CANNOT GIVE ANY WARRANTY REGARDING THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE CD-ROM OR ACCOMPANYING OR DERIVED DOCUMENTATION. THE PUBLISHER AND ITS AUTHORS AND SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, THE CONTENT OF THE CD-ROM, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL THE PUBLISHER OR ITS AUTHORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY ARISING OUT OF YOUR INSTALLATION OR USE OF THE CD-ROM.

5. Entire liability. The Publisher’s entire liability, and your sole remedy for a breach of the warranty given under Clause 4, is (a) the replacement of the CD-ROM not meeting the above limited warranty and which is returned by you within 90 days of purchase; or (b) if the Publisher or its distributors are unable to deliver a replacement copy of the CD-ROM you may terminate this Agreement by returning the CD-ROM within 90 days of purchase and your money will be refunded. All other liabilities of the Publisher including, without limitation, indirect, consequential and economic loss and loss of profits, together with all warranties, are hereby excluded to the fullest extent permitted by law.

6. Although every effort has been made to ensure that web site addresses are correct on publication, The Publisher cannot be held responsible for the content of any website linked to from this CD-ROM.

7. Governing Law and General Provisions. This Agreement shall be governed by the laws of England and any actions arising shall be brought before the courts of England. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain wholly valid and enforceable according to its terms. All rights not specifically licensed to you under this Agreement are reserved to the Publisher. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement is the entire and only agreement between the parties relating to its subject matter. It supersedes any and all previous agreements and understandings (whether written or oral) relating to its subject matter and may only be amended in writing, signed on behalf of both parties.

8. All content (including images and video) supplied by third party copyright holders is licensed for use within the CD-ROM.Use of the content is restricted under the same terms and conditions pertaining to the CD-ROM as outlined in this Agreement. By accepting its terms you agree to ensure that all third party copyright content must not be used by the purchasing institution in material for distribution outside of the purchasing institution, given to 3rd parties or used for commercial gain. Failure to comply with this requirement may result in legal action under copyright law. For the avoidance of doubt, some third party copyright content that has been included in this CD-ROM can be saved by the user as individual files. This is denoted by the presence of a Save function in the interface (in association with pop-up windows containing figures). Saved resources may only be used as specified in clause 3 of this agreement and may not be distributed wider by any user of the CD-ROM.