This agreement is between David W. Smith, hereinafter referred to as "The Publisher", and the person, hereinafter referred to as "The Licensee", who is paying a registration fee to access the website known as "The Curry House Premium Area".
The Publisher agrees to grant and the Licensee agrees to accept a non-exclusive, non-transferable license to access The Curry House Premium Area, which includes the electronic book entitled The Curry House Cookery Book, hereinafter referred to as "The Book", under the following terms and conditions:
- The Publisher will not issue a refund of the fee paid by The Licensee for any reason whatsoever.
- The Publisher does not guarantee that the content of The Curry House Premium Area will be available to the Licensee indefinitely or for a fixed period. The Publisher does, however, guarantee to give the Licensee at least one month's notice of cessation of service in which the Licensee may download any content he/she requires from the Curry House Premium Area. The Licensee may only save such content on his/her computer and make use of such content strictly in accordance with the conditions of this License Agreement.
- The Licensee is responsible for ensuring that he/she owns a computer which is capable of connecting to the Internet and displaying the material published in The Curry House Premium Area.
- The Licensee must ensure that the latest Acrobat Reader® software distributed by Adobe Systems Inc. is installed on his/her computer and that the aforementioned software is working satisfactorily and is able to read and print files that are created in the Portable Document Format (PDF).
- The Publisher will ensure that all PDF files published in The Curry House Premium Area can be read by a fully functioning copy of Adobe Systems Inc.'s latest version of its Acrobat Reader® software. The Publisher is not qualified to and will not support problems related to the installation or correct functioning of the Acrobat Reader® software.
- The Book remains the property of The Publisher. The Licensee is granted a non-exclusive, non-transferable license by The Publisher to view The Book. The Book may be viewed either directly from The Publisher's website or by taking one copy of The Book, or elements from The Book, from the Publisher's website and storing it on the Licensee's own home computer.
- The Licensee may not sell, rent, loan, give away or publish by means of any printed, electronic or broadcast media The Book or any part of The Book.
- The Licensee may not sell, rent, loan, give away or make public his/her login name and password to The Curry House Premium Area. The Publisher's registration software logs all activity on The Licensee's account and may automatically disable The Licensee's ability to access The Curry House Premium Area if suspicious activity takes place on the Licensee's account. Suspicious activity includes, but does not exclusively refer to, simultaneous logins, logins made through multiple service providers or IP addresses and excessive downloads. The Publisher will not restore The Licensee's ability to access The Curry House Premium Area unless and until such suspicious activity has been explained satisfactorily by The Licensee.
- The Licensee may keep one copy of The Book on one home computer for as long as he/she possesses a valid licence. The Licensee's copy of The Book may not be stored on a computer network where it might be accessed by any other person with or without the permission of The Licensee. The Licensee may make one backup copy of The Book on removable media for his/her own personal use only.
- All content in The Book is copyrighted. The Publisher owns the copyright and The Book itself. Other than as stated in this License Agreement, The Licensee may not copy, print, modify, remove, delete, augment, add to, publish, distribute, transmit, sell, resell, create derivative works from, remove copyright notices from or in any way exploit any of The Book's content, in whole or in part, and The Licensee may not aid or permit others to do so.
- All the conditions in this License Agreement relating to The Book also apply to all other material available to The Licensee from The Curry House Premium Area. Such other material includes but does not exclusively refer to bonus recipes, articles and help files.
- The Licensee's right to use The Book will terminate automatically if The Licensee violates any part of this License Agreement. In the event of termination, the Licensee must destroy all copies of The Book and all other material copied from The Curry House Premium Area.
- The Publisher makes no guarantees as to the performance, availability, speed of data transfer or uptime of The Curry House Premium Area website.
- The Publisher may assign his rights and responsibilities under this Agreement to a third party at his discretion provided that at least one month's notice is given by The Publisher to the Licensee.
- The Publisher may change the URL and/or the name of The Curry House Premium Area and/or the name of The Book and/or his trading style at his sole discretion provided that at least one month's notice is given by The Publisher to The Licensee.
- All notices issued under this agreement will be issued by email. The Licensee is responsible for making sure that his/her email address kept in The Publisher's records is a working email address. If the Licensee changes his/her email address from the one given at the time of paying the registration fee then The Licensee should update The Publisher's records by using the "manage your account" function within The Curry House Premium Area.
- All information contained in The Book or taken from The Curry House Premium Area is made available to The Licensee "as is" and without warranty. The Licensee uses such information entirely at his/her own risk.
- Under no circumstances will the Publisher be liable for any damages arising from the use of The Curry House Premium Area, including (without limitation) direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, damages for personal injury and claims of third parties.
- The Publisher reserves the right to amend this License Agreement at any time and without prior notice. Any changes made to this License Agreement will be notified to the Licensee by e-mail.
- All dealings with The Publisher shall be deemed to have taken place in England and are subject to the laws, consumer protection and business practices of England.
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