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All use of The McGraw-Hill Companies ("McGraw-Hill") Digital Engineering Library web pages ("Digital Engineering Library") is subject to the terms and conditions set forth below.
DEFINITIONS
"Digital Engineering Library-Owned Content" means information entered into Digital Engineering Libraryby McGraw-Hill's employees and its licensors, including without limitation, those authorized representatives who are editors or who are otherwise designated by McGraw-Hill to contribute to Digital Engineering Library(collectively the "McGraw-Hill Designated Online Providers").
USE OF Digital Engineering Library
All of the Digital Engineering Library-Owned Content is either the property of McGraw-Hill or is licensed to McGraw-Hill and is protected by copyright and other intellectual property laws. The User shall honor all reasonable requests by McGraw-Hill to protect McGraw-Hill's proprietary interests in Digital Engineering Library. During the term of your subscription to Digital Engineering Library, McGraw-Hill hereby grants you a non-exclusive, non-transferable license to access and use Digital Engineering Libraryfor the fees set forth and under the terms described in this Agreement. For individual subscriptions, only one person at a time may access Digital Engineering Libraryusing the User's screen name and password. With the exception of certain Digital Engineering Library-Owned Content, you may display, download, or print out, for your own research or study only, materials from Digital Engineering Library; you may not otherwise copy, transmit, rent, lend, sell, or modify any materials from Digital Engineering Libraryor modify or remove any proprietary notices contained therein, or create derivative works based on materials from Digital Engineering Library. McGraw-Hill reserves the right to terminate the User's use at any time if the User downloads or prints out a substantial portion of Digital Engineering Library. The User may not disseminate any portion of Digital Engineering Librarythrough electronic means, including mail lists or electronic bulletin boards.
The User agrees to indemnify McGraw-Hill and the McGraw-Hill Designated Online Providers from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, which McGraw-Hill, its affiliates, employees and the McGraw-Hill Designated Online Providers may incur as a result of the User's violation of this Agreement. McGraw-Hill reserves the right to assume the exclusive defense and control of any such matter for which the User has agreed to indemnify McGraw-Hill or the McGraw-Hill Designated Online Providers.
NO WARRANTIES/LIMITATIONS ON LIABILITY
Digital Engineering LibraryAND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS. NEITHER MCGRAW-HILL NOR THE MCGRAW-HILL DESIGNATED ONLINE PROVIDERS MAKE ANY GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AS TO THE ACCURACY, ADEQUACY, CURRENTNESS, COMPLETENESS OR PERFORMANCE OF OR RESULTS TO BE OBTAINED FROM ACCESSING AND USING Digital Engineering LibraryAND/OR ANY MATERIAL WHICH CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH Digital Engineering Library. NEITHER MCGRAW-HILL NOR ANY MCGRAW-HILL DESIGNATED ONLINE PROVIDER SHALL BE LIABLE TO USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL MCGRAW-HILL AND/OR THE MCGRAW-HILL DESIGNATED ONLINE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SIMILAR DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS), WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN AND EVEN IF ANY OF THE FOREGOING PARTIES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF MCGRAW-HILL AND/OR ANY MCGRAW-HILL DESIGNATED ONLINE PROVIDER ARISING OUT OF OR RELATING TO USE OF Digital Engineering LibraryEXCEED THE TOTAL AMOUNT USER PAID FOR USE OF Digital Engineering LibraryDURING THE PREVIOUS TWELVE (12) MONTHS. Some states do not allow the exclusion or limitation of indirect, special or consequential damages, so the above limitation may not apply to you.
REGISTRATION
As part of the registration process, you must select a screen name and password. You will keep your User name and password confidential. You are responsible to promptly notify McGraw-Hill of any disclosure or unauthorized use of your User name and password by calling 1-877-304-3225 (U.S.) or 1-617-746-2857 (from outside the U.S.) or sending email to OnlineCustomer_Service@mcgraw-hill.com and you will be assigned a new User name and password. You will notify McGraw-Hill within thirty (30) days of any other changes in your registration data.
PRIVACY POLICY
McGraw-Hill may, from time to time, use information you provide as part of the registration process to send you information regarding other products or services from The McGraw-Hill Companies which may be of interest to you. In addition, McGraw-Hill may provide aggregated, anonymous statistical information about Digital Engineering Libraryusers to other persons, including potential advertising clients. For detailed information, please click the McGraw-Hill Customer Privacy Policy link at the bottom of any screen of Digital Engineering Library.
TERM AND TERMINATION
This Agreement will continue and renew automatically unless terminated by McGraw-Hill, as provided for in this Agreement, or you fail to respond to the renewal notice from McGraw-Hill and do not renew your subscription. This Agreement is non-cancellable by you for any term(s) for which you subscribe. Anything herein to the contrary notwithstanding, if you are a trial period user, the term of the trial period is thirty (30) days.
McGraw-Hill reserves the right to change the terms of this Agreement by providing notice in Digital Engineering Libraryor, at McGraw-Hill's option, directly to users via electronic mail or conventional mail. Use of Digital Engineering Libraryfollowing the posting of any changes to these terms and conditions shall be conclusively deemed acceptance of those changes by the User. McGraw-Hill may discontinue or change Digital Engineering Library, or its availability to you, at any time. If you refuse or fail to abide by these rules or violate any other terms or conditions of this Agreement, McGraw-Hill reserves the right in its sole discretion to suspend or terminate your access to Digital Engineering Libraryimmediately without notice, in addition to any other available remedies.
FEES AND PAYMENTS
Your annual subscription fee for Digital Engineering Librarymust be fully paid before you will be provided access to Digital Engineering Library.
You agree to pay all fees and charges incurred in connection with your User name and password, including applicable taxes and communications or access charges, at the rates in effect when the charges were incurred. For a list of current fees please see the subscription area of Digital Engineering Library. User fees will be billed automatically at the start of each subscription period. Fees and charges are non-refundable. McGraw-Hill may change subscription rates in the normal course of business. In that case, you will be notified of the new rates (if any) in the McGraw-Hill annual renewal notice which you will receive prior to the end of your subscription term. Unless otherwise agreed to, all charges incurred in connection with your account will be billed to the credit card you designate during the registration process.
Anything herein to the contrary notwithstanding, there is no charge to trial period users for use during the thirty (30) day trial period.
U.S. GOVERNMENT RESTRICTED RIGHTS
If a subscription to Digital Engineering Libraryis acquired by or for the U.S. Government then it is provided with Restricted Rights. Use, duplication or disclosure by the U.S. Government is subject to the restrictions set forth in FAR 52.227-19. The contractor/manufacturer is The McGraw-Hill Companies, Inc. at 1221 Avenue of the Americas, New York, New York 10020.
GENERAL
This Agreement constitutes the entire agreement between the User and McGraw-Hill relating to Digital Engineering Libraryand supersedes any and all other agreements, oral or in writing, with respect to Digital Engineering Library. This Agreement may be modified only by a writing signed by both parties. The failure of McGraw-Hill to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable laws, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and New York State, as if the Agreement was a contract wholly entered into and wholly performed within New York State.
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