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TCPIPGuide.com Electronic Book License Agreement

Thank you for considering the license of The TCP/IP Guide.

PLEASE READ THIS CONTRACT CAREFULLY. BY INSTALLING OR USING ALL OR ANY PORTION OF THE ELECTRONIC BOOK OR OTHER COPYRIGHTED MATERIAL SUPPLIED WITH THIS AGREEMENT YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, please click the 'DO NOT ACCEPT' button below.

DEFINITIONS:

"Electronic Book" means the copyrighted material available for license or download from TCPIPGuide.com including but not limited to all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, and related explanatory written materials or files ("Documentation”).

"Use" or "Using" means to access, install, download, read, copy or otherwise benefit from using the Electronic Book.

"The Author" means Charles M. Kozierok of Bennington, Vermont, USA.

Intellectual Property Ownership, Copyright Protection. The Electronic Book and any authorized copies that you make are the intellectual property of and are owned by The Author. The Electronic Book is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Electronic Book and all rights not expressly granted are reserved by The Author. The Author permits you to Use the Electronic Book only in accordance with the terms of this Agreement. Use of some third party materials included in the Electronic Book may be subject to other terms and conditions typically found in a separate license agreement or "Read Me" file located near such materials.

GRANT OF LICENSE. The Author grants you the right to access this copyrighted material from its on-line bookstore or other authorized TCPIPGuide.com distribution site solely in accordance with this Agreement.  You may use the Electronic Book with Acrobat Reader on the devices supported by that Reader or any other software capable of reading the Adobe Portable Document Format (“PDF”).

You may not:

1) copy, install or use the Electronic Book except as permitted in this Agreement;

2) rent, lease, sublicense, assign or transfer your rights in the Electronic Book, or authorize all or any portion of the Electronic Book to be copied onto another user's computer except as may be expressly permitted herein;

3) modify the Electronic Book in any manner or for any purpose;

4) adapt or translate the Electronic Book;

5) extract all or any portion of the contents of the Electronic Book for use in any document or material for any purpose;

6) install all or any portions of the Electronic Book on any computer system on a public or private network where the contents of the Electronic Book might be accessible by individuals who are not licensed users of the Electronic Book;

7) export the Electronic Book in a manner contrary to U.S. export or administration laws or regulations.

Portable or Home Computer Use. The primary user of the computer on which the Electronic Book is installed may make a second copy of the Electronic Book for his or her exclusive use on either a portable Computer or a desktop Computer located at his or her home, provided the Electronic Book on the portable or home Computer is not used at the same time as the Electronic Book on the primary computer.

Third Party Website Access. The Electronic Book may contain links which allow you to access third party websites ("Third Party Sites"). Your access to and use of any Third Party Sites, including any goods, services or information made available from such sites, is governed by the terms and conditions found at each Third Party Site, if any. Third Party Sites are not owned or operated by The Author. YOUR USE OF THIRD PARTY SITES IS AT YOUR OWN RISK. THE AUTHOR MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE THIRD PARTY SITES.

ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between you and The Author and supersedes any prior understanding or agreement with respect to its subject matter.  It may not be amended except by written agreement between The Author and you, and it is governed by the laws of The Commonwealth of Massachusetts without reference to conflicts of laws provisions.

NO WARRANTY. THE AUTHOR DOES NOT AND CAN NOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE ELECTRONIC BOOK. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, THE AUTHOR MAKES NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of the NO WARRANTY and LIMITATION OF LIABILITY sections of this Agreement shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Electronic Book after termination of this Agreement.

LIMITATION OF LIABILITY. IN NO EVENT WILL THE AUTHOR BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A REPRESENTATIVE OF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. THE AUTHOR'S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE CONTENT, IF ANY.

Export Rules. You agree that the Electronic Book will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Electronic Book is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Electronic Book. All rights to Use the Electronic Book are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.

Governing Law. This Agreement will be governed by and construed in accordance with the substantive laws in force in the Commonwealth of Massachusetts. The respective courts of Worcester County, Massachusetts shall have exclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement may only be modified by a writing signed by The Author.

BY POINTING TO AND CLICKING ON THE 'ACCEPT' BUTTON, YOU HAVE MANIFESTED YOUR UNDERSTANDING AND ACCEPTANCE OF THE TERMS OF THIS USER AGREEMENT.  IF YOU DO NOT UNDERSTAND OR ACCEPT ITS TERMS, POINT TO AND CLICK ON THE ‘DO NOT ACCEPT’ BUTTON.

ACCEPT  DO NOT ACCEPT

© 2003-2012 Charles M. Kozierok. All Rights Reserved.