Jerry Post (Publisher) is willing to license the software and content provided on JerryPost.com only upon the condition that you accept all of the terms in this license agreement. By downloading the content, you agree to all of these terms. If you do not agree to the terms, you must delete all personal copies of the content.
1. DEFINITIONS. “Content” means items including binary form and print form of all documents, books, and software provided by JerryPost.com or its subsidiaries.
2. LICENSE TO USE. The Publisher grants you, an individual, a non-exclusive, non-transferable, limited license to download and copies for your sole personal use of the content displayed as links on the Web site. You are allowed to make limited print copies for your own use.
3. RESTRICTIONS. All Content is copyrighted. Title and all associated intellectual property rights are retained by the publisher. You are not allowed to transfer the contents in any form to any other person. You are not allowed to advertise, market, sell, or provide for download at any price, the contents on any digital network.
4. SINGLE USE. The login credentials you establish can be used only by you. They cannot be shared, distributed, or published in any form. The Publisher may establish technology methods to prevent multiple use of the credentials. If multiple use is suspected or if the credentials are found to be available to others, the credentials may be revoked at any time without notice. In all cases, the credentials have a limited life and your access to use the system will expire without notice. Initially, for student accounts, this life is six (6) months, but the Publisher reserves the right to change this span without notice.
5. DISCLAIMER OF WARRANTY. All express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement are disclaimed. No warranty or guarantee of service is provided. There will be times when the computer service is unavailable to all users.
6. LIMITATIONS OF WARRANTY. To the extent not prohibited by law, in no event will the Publisher be liable for any lost revenue, profit or data, grades, or for special, indirect, consequential, incidental or punitive damages, however caused regardless of the theory of liability, arising out of or related to the use of or inability to access the content or service, even if the Publisher has been advised of the possibility of such damages. In no event will the Publisher’s liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you.
7. U.S. GOVERNMENT RESTRICTED RIGHTS. If the content is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in the content and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
8. GOVERNING LAW. Any action related to this Agreement will be governed by Idaho law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
9. SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
10. INTEGRATION. This Agreement is the entire agreement between you and the Publisher relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.