BY DOWNLOADING HINDUISM TODAY CONTENT, YOU OR THE ENTITY OR COMPANY THAT YOU REPRESENT (“LICENSEE”), ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS LICENSE AGREEMENT (“AGREEMENT”). IF LICENSEE DOES NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK STOP THE DOWNLOAD AND INSTALLATION PROCESS. LICENSEE ACKNOWLEDGES AND AGREES THAT USE OF THE HINDUISM TODAY DIGITAL EDITION SERVICE, SOFTWARE AND ANY FILES IS ALSO SUBJECT TO THE TERMS OF SERVICE POSTED AT TERMS OF SERVICE.
1) LICENSE GRANT.
Subject to the terms of this Agreement, Himalayan Academy hereby grants Licensee a limited, personal, non-sublicensable, non-transferable, nonexclusive license to use the software that Licensee is about to download, install or otherwise access (“Software”) and any magazines or other files that Licensee may download from the Hinduism Today website or otherwise access now or in the future (“Files”) only for Licensee’s personal use in accordance with this Agreement and the Hinduism Today Digital Edition Terms of Service. The term “Software” includes the Revolution software incorporated therein and related documentation, and any upgrades, modified versions, updates, additions, and copies thereof.
2) LICENSE RESTRICTIONS.
Except as expressly and unambiguously permitted by this Agreement, Licensee shall not, nor permit anyone else to: copy (except that Licensee may make a limited number of unmodified copies of the Software solely for Licensee’s personal use on devices owned by Licensee in accordance with this Agreement), modify, or distribute the Software; reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of the Software (except to the extent that applicable law prohibits reverse engineering restrictions); rent, lease or use the Software for timesharing or service bureau purposes, or otherwise use the Software or the Files for any commercial purpose or on behalf of any third party. Licensee shall maintain and not remove or obscure any proprietary notices on the Software and the Files, and shall reproduce such notices exactly on all permitted copies of the Software or the Files. As between the parties, title, ownership rights, and intellectual property rights in and to the Software and the Files, and any copies or portions thereof, shall remain in Himalayan Academy and its suppliers or licensors. Licensee understands that Himalayan Academy may modify or discontinue offering the Software or the Files at any time. The Software and the Files are protected by the copyright laws of the United States and international copyright treaties. This Agreement does not give Licensee any rights not expressly granted herein. Licensee shall not export, import or transfer Software contrary to U.S. Export Administration Regulations or other applicable laws, whether directly or indirectly, and will not cause, approve or otherwise facilitate others such as agents or any third parties in doing so. By downloading or using the Software, Licensee represents and certifies that (a) neither the United States Bureau of Export Administration nor any other federal agency has suspended, revoked or denied Licensee’s export privileges, and (b) Licensee is not located in or a resident of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, military or police entities in South Africa, or any other country to which the United States has embargoed goods. All rights to use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
3) INTELLECTUAL PROPERTY; CONTENT.
As a condition to Licensee’s use of the Software and Files, Licensee represents, warrants and covenants that Licensee will not use the Software or Files: (i) to infringe the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (ii) to violate any applicable law, statute, ordinance or regulation; (iii) to disseminate information or materials in any form or format (“Content”) that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous or otherwise objectionable; or (iv) to disseminate any software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Licensee, not Himalayan Academy, remains solely responsible for all Content that Licensee uploads, posts, e-mails, transmits or otherwise disseminates using, or in connection with, the Software. Licensee acknowledges that all Content that Licensee accesses using the Software is at Licensee’s own risk and Licensee will be solely responsible for any damage to any party resulting therefrom.
4) SUPPORT AND UPGRADES.
This Agreement does not entitle Licensee to any support, upgrades, patches, enhancements or fixes for the Software (collectively, “Support”). Any such Support for the Software that may be made available by Himalayan Academy shall become part of the Software and subject to this Agreement.
5) WARRANTY DISCLAIMER.
HIMALAYAN ACADEMY AND ITS LICENSORS PROVIDE THE SOFTWARE AND THE FILES “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY AND NON-INFRINGEMENT. HIMALAYAN ACADEMY AND ITS LICENSORS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN USING THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
6) LIMITATION OF LIABILITY.
THE SOFTWARE AND FILES ARE PROVIDED BY HIMALAYAN ACADEMY FREE OF CHARGE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL HIMALAYAN ACADEMY OR ITS LICENSORS BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS OR LOST SAVINGS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF HIMALAYAN ACADEMY OR ITS LICENSORS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO LICENSEE.
7) TERM AND TERMINATION.
This Agreement shall continue until terminated as provided for herein. Licensee may terminate this Agreement at any time. Himalayan Academy may terminate this Agreement immediately if Licensee violates any provision of this Agreement. Any termination of this Agreement shall also terminate the licenses granted hereunder. Upon termination of this Agreement for any reason, Licensee shall destroy and remove from all computers, hard drives, networks and other storage media all copies of the Software and the Files. Sections 2-8 shall survive termination of this Agreement.
This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. This Agreement may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of Himalayan Academy to act with respect to a breach of this Agreement by Licensee or others does not constitute a waiver and shall not limit Himalayan Academy’s rights with respect to such breach or any subsequent breaches. This Agreement is personal to Licensee and may not be assigned or transferred for any reason whatsoever (including, without limitation, by operation of law, merger, reorganization or change of control) without Himalayan Academy’s consent and any attempt to do so shall be void. Himalayan Academy may assign this Agreement or delegate any of its obligations hereunder. This Agreement shall be governed by and construed under Hawaii law without regard to Hawaii conflict of law provisions. Should any disagreement arise at any time over the meaning of any provision of this Agreement or the obligations of either party to this Agreement, the parties shall first attempt to resolve it by mutual agreement. If such resolution is not possible, any remaining controversy shall be submitted to arbitration, before a single neutral arbitrator, in accordance with the rules of the American Arbitration Association, at Kauai, Hawaii. If such arbitration cannot be held at Kauai, it shall be held at Honolulu, Hawaii. The Software has been built and is distributed in compliance with the Revolution License Agreement and Warranty Disclaimer. Revolution is a trademark of Runtime Revolution Ltd.
Last updated March 17, 2006