The International Association of Plumbing and Mechanical Officials (“IAPMO”) agrees to grant, and the user of the eBook agrees to accept, a nonexclusive license to use the eBook under the terms and conditions of this eBook License Agreement (“Agreement”). Your use of the eBook constitutes your agreement to the terms and conditions set forth in this Agreement. This Agreement, or any part thereof, cannot be changed, waived, or discharged other than by a statement in writing signed by you and IAPMO. Please read the entire Agreement carefully.
eBook Usage
The IAPMO eBook may be used by one user on one computer. The user of the eBook shall be subject to all of the terms of this Agreement, whether or not the user was the purchaser.
Copyright, Use and Resale Prohibitions
IAPMO retains all rights not expressly granted to you in this Agreement. The software, content, and related documentation in the eBook are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Nothing in this Agreement constitutes a waiver of IAPMO’s rights. IAPMO will not be responsible for performance problems due to circumstances beyond its reasonable control. Other than as stated in this Agreement, you may not copy, print, modify, remove, delete, augment, add to, publish, transmit, sell, resell, license, create derivative works from, or in any way exploit any of the eBook’s content, in whole or in part, in print or electronic form, and you may not aid or permit others to do so. The unauthorized use or distribution of copyrighted or other proprietary content is illegal and could subject the purchaser to substantial damages. Purchaser will be liable for any damage resulting from any violation of this Agreement.
No Transfer
This license is not transferable by the eBook purchaser unless such transfer is approved in advance by IAPMO, in which case the transferee will be subject to the terms and conditions of this Agreement.
Disclaimer
The eBook, or any support given by IAPMO’s technical support staff, are in no way substitutes for assistance from legal, tax, accounting, or other qualified professionals. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.
Limitation of Liability
The eBook is provided “as is” and IAPMO does not make any warranty or representation, either express or implied, to the eBook, including its quality, accuracy, performance, merchantability, or fitness for a particular purpose. You assume the entire risk as to the results and performance of the eBook. IAPMO does not warrant, guarantee, or make any representations regarding the use of, or the results obtained with, the eBook in terms of accuracy, correctness or reliability. In no event will IAPMO be liable for indirect, special, incidental, or consequential damages arising out of delays, errors, omissions, inaccuracies, or the use or inability to use the eBook, or for interruption of the eBook, from whatever cause. This will apply even if IAPMO has been advised that the possibility of such damage exists. Specifically, IAPMO is not responsible for any costs, including those incurred as a result of lost profits or revenue, loss of data, the cost of recovering such programs or data, the cost of any substitute program, claims by third parties, or similar costs.
Hold Harmless / Indemnification.
You agree to defend, indemnify and hold IAPMO and any third party provider harmless from and against all third party claims and damages (including reasonable attorneys’ fees) regarding your use of the eBook, unless the claims or damages are due to IAPMO’s or any third party provider’s gross negligence or willful misconduct or arise out of an allegation for which IAPMO is obligated to indemnify you.
Termination
If you materially breach this License Agreement, we may terminate your right to use the Material immediately upon notice to you.
You agree that, upon termination of the License Agreement, you will either return to us or destroy all copies of the Material in your possession.
Additional Terms
This written License Agreement is the exclusive agreement between you and us concerning the eBook and supersedes any and all prior oral or written agreements, negotiations, or other dealings between us concerning the eBook.
This License Agreement may be modified only by a writing signed by the user and IAPMO.
In the event of litigation between the user and IAPMO concerning the eBook, the prevailing party in the litigation and the prevailing party in any ancillary disputes (e.g., discovery disputes) will be entitled to recover attorneys’ fees and expenses from the other party.
This License Agreement is governed by the laws of the State of California applicable to contracts executed and performed entirely in, and by residents of, that state.
This License Agreement is effective immediately upon your installation or use of the eBook.
If you have any questions regarding this License Agreement, please write to the International Association of Plumbing and Mechanical Officials (IAPMO), 4755 East Philadelphia Street, Ontario, California 91761-2816.
This agreement is governed by the laws of the State of California applicable to contracts executed and performed entirely in, and by residents of, that state.
