Your access to and use of West’s Interactive Casebook Series™ and/or Foundation Press Electronic Books (“Interactive Casebook”) is subject to the terms of the agreement below (the "Agreement"), a legal document between you and West Academic Publishing (“West”). As used herein, you are referred to as “Licensee.” Please read the Agreement. If you agree with the terms and conditions of the Agreement and agree to be bound by them, click on “I AGREE.” If you do not agree with the terms and conditions of the Agreement, click on “I DO NOT AGREE” and you will not be permitted access to Interactive Casebook.
AGREEMENT entered into between you (“Licensee”) and West Academic Publishing (“West”) regarding West’s Interactive Casebook, as follows:
a. Grant. West hereby grants Licensee a non-exclusive, non-transferable, limited license to access individual electronic Interactive Casebook(s) either 1) based upon Licensee’s purchase of such individual casebook in hardcopy format with accompanying license code(s); or 2) through an online purchase with purchase of a used (not new) corresponding individual casebook in hardcopy format. Interactive Casebook(s) consists of West-owned and West-authored casebooks on select legal topics. Licensee is licensed to use data made available to Licensee on Interactive Casebook (“Data”) solely for educational purposes directly related to Licensee’s coursework at law school or for bar preparation purposes (“Educational Purposes”). The license includes the right to print insubstantial portions of Data solely for use (appropriately cited and credited) by Licensee in the regular course of Licensee’s Educational Purposes. Licensee may also create printouts of Data for distribution to third parties if such third parties agree not to further distribute the printouts.
b. Limitations. Licensee may not copy, download, scrape, store, publish, transmit, retransmit, transfer, distribute, disseminate, broadcast, circulate, sell, resell or otherwise use the Data, or any portion of the Data, in any form or by any means, except (i) as expressly permitted by this Agreement, (ii) with West’s prior written permission, or (iii) as allowed under the fair use provision of the Copyright Act (17 U.S.C.A. § 107). Except as otherwise permitted in this Agreement, Licensee shall not sell, license or distribute Data (including printouts) to third parties or use Data as a component of or as a basis for any material offered for sale, license or distribution. License code(s) shall be used only by the person to whom the corresponding casebook in print format is sold. Sharing of license code(s) is STRICTLY PROHIBITED.
c. Rights in Data. Except for the license granted in this Agreement, all right, title and interest in Data, in all languages, formats and media throughout the world, including all copyrights, are and will continue to be the exclusive property of West and other contributors (“Contributors”) of Data.
2. Westlaw® and westlaw.com™
Westlaw is West’s online legal research service. westlaw.com is an Internet-based service that provides access to Westlaw. Interactive Casebook may contain links to Westlaw. All access to and use of Westlaw and westlaw.com is governed by the then-current Westlaw Subscriber Agreement/User Agreement (including any current and future Schedules, Additional Terms, West Order Form(s), and the like thereto) between Licensee and West.
3. Disclaimer of Warranties and Limitation of Liability. INTERACTIVE CASEBOOK(S) AND DATA ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF PERFORMANCE, MERCHANTABILITY AND FIT¬NESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. WEST AND CONTRIBUTORS SHALL HAVE NO LIABILITY WHATSOEVER TO LICENSEE FOR ANY CLAIM(S) RELATING IN ANY WAY TO THIS AGREEMENT OR THEIR PERFOR-MANCE HEREUNDER, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CON¬TRACT OR NEGLIGENCE. IN NO EVENT SHALL WEST OR CONTRI¬BUTORS BE LIABLE TO LICENSEE FOR ANY CLAIM(S) RELATING TO LICENSEE'S INABILITY OR FAILURE TO PERFORM RESEARCH OR RELATED WORK OR TO PERFORM SUCH RESEARCH OR OTHER WORK PROPERLY OR COMPLETELY EVEN IF ASSISTED BY WEST NOR SHALL WEST OR CONTRIBUTORS BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. Responsibility for Certain Matters.Licensee shall be responsible for all access to and use of Interactive Casebook by means of Licensee’s equipment or Licensee’s license code, whether or not Licensee has knowledge of or authorizes such access and use.
5. Reservation of Rights. West reserves the right to modify the terms and condi¬tions of this Agreement from time to time. Such modifications shall be effective immediately upon written or online notice to Licensee.
6. Limitation of Claims. Except for claims relating to improper use of Interactive Casebook and Data, no claim, regardless of form, which in any way arises out of this Agreement or the use of or inability to use Interactive Casebook and Data may be made, nor action based upon such claim brought, by either party hereto more than one year after the basis for the claim becomes known to the party desiring to assert it.
7. Term and Termination. This Agreement shall become effective when Licensee enters his/her license code and assents to the terms and conditions herein and shall continue in force for twelve (12) months thereafter, after which time Licensee’s access to Interactive Casebook shall terminate. Notwithstanding the foregoing, West may terminate this Agreement immediately upon giving written notice of termination to Licensee.
8. Effect of Agreement. Except as otherwise stated herein, this Agreement embodies the entire agreement between the par¬ties with respect to the subject matter hereof and supersedes any and all prior understandings and agreements, oral or written, relating thereto. West may amend the terms and conditions of this Agreement by giving Licensee writ¬ten notice thereof. Any other amendment hereto must be in writing and signed by both parties.
9. Notices. All notices hereunder shall be given in writing to West at 610 Opperman Drive, P.O. Box 64833, St. Paul, Minnesota 55164-0833, Attention: Customer Service and to Licensee at the address provided in the online registration.
10. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Minnesota.
11. Other Provisions. Neither this Agreement nor any part or portion hereof shall be assigned, sublicensed or otherwise transferred by Licensee without West's prior written con¬sent. Should any provision of this Agree¬ment be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. Failure of either party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provi¬sion. The headings and captions contained in this Agreement are inserted for convenience only and shall not constitute a part hereof.