YOU MUST READ THE FOLLOWING TERMS OF USE ("Agreement"). YOUR CONTINUED USE OF THE SERVICE INDICATES YOU HAVE READ AND ACCEPTED THESE TERMS IN THEIR ENTIRETY. 3. Content 3.1 In consideration of your payment and your acceptance of this Agreement, ZED USA grants you a non-exclusive, non-transferable, single-user right to download and use the Content on a single hand-held computer or mobile device. This license extends to you and your hand-held computer or mobile device. 3.2 You may not reproduce, copy, transfer or distribute by any means, method or process whatsoever, any of the Content licensed by this Agreement, including by not limited to, transferring or downloading any such Content from one hand-held computer or mobile device to another, to a computer hard drive, or otherwise copying the Content onto any other storage medium. 3.3 This license may not be assigned without the written consent of ZED USA, which right may be withheld by ZED USA in its sole discretion. 3.4 The Content may contain third party Content which requires notices and/or additional terms and conditions. By accepting this Agreement, you are also accepting the additional terms and conditions, if any, set forth therein. 3.5 You may not alter, merge, modify, or adapt the Content pr create derivative works based upon the Content. 3.6 You may not sell, rent, lease, or sublicense the Content. 3.7 ZED USA is not responsible to you for any content or materials constituting all or part of any Content or any other aspect of the Service that you might find objectionable. 3.8 Nothing in this Agreement grants you or authorizes you to grant to anyone else any right to reproduce, copy or distribute by any means, method or process whatsoever any of the Content licensed by this Agreement, including but not limited to, transferring or downloading any such Content to a computer hard drive, or otherwise copying the Content onto any storage medium. 3.9 Nothing in this Agreement grants you or authorizes you to grant to anyone else any right to reproduce, copy or distribute or perform publicly by any means, method or process whatsoever, any sound recording embodying any of the Content licensed under this Agreement. 3.10 If you fail to comply with this Agreement, ZED USA may, in addition to its other remedies, terminate this Agreement and the license it grants you and you must destroy all copies of the Content. 3.11 The foregoing license grants you a limited license to use the Content. ZED USA and its licensors retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Content and all copies thereof. All rights not specifically granted in this Agreement including Federal and International Copyrights, are reserved by ZED USA and its licensors. 3.12 CONTENT WARRANTY DISCLAIMER AND LIMITED LIABILITY. THE CONTENT IS PROVIDED TO YOU ON AN "AS-IS" BASIS. ZED USA PROVIDES NO TECHNICAL SUPPORT, WARRANTIES OR REMEDIES FOR THE CONTENT. ZED USA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. ZED USA DOES NOT WARRANT THAT THE CONTENT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE U.C.C. WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. ZED USA SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE CONTENT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ZED USA, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. (USA ONLY) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. 3.13 The Content Warranty Disclaimer and Limited Liability set forth above are fundamental elements of the basis of the Agreement between ZED USA and you. ZED USA would not be able to provide the Content on an economic basis without such limitations. Such Warranty Disclaimer and Limited Liability inure to the benefit of ZED USA's licensors. 3.14 (Outside of the USA) Consumer End Users Only. The limitations or exclusions of warranties and liability contained in this Agreement do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business. The limitations or exclusions of warranties, remedies or liability contained in this Agreement shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located. 3.15 If ZED USA (a) receives a Notice alleging that you have engaged in infringing behavior or (b) reasonably suspects that your use of the Service or the Content violates ZED USA's or others' intellectual property rights, ZED USA may, in its sole discretion, suspend or terminate your account with or without notice to you. If ZED USA suspends or terminates your account under this paragraph, it shall have no liability or responsibility to you, and ZED USA will not refund any portion of your fees charged to date. 3.16 You may not transfer the Service or any Content out of your handset via any means for any purpose. Any copying, redistribution or other use of the Content is expressly prohibited without the prior written consent of ZED USA. 3.17 ALL DOWNLOADS SHALL EXPIRE THIRTY (30) DAYS AFTER PURCHASE AND NO REFUNDS WILL BE GIVEN FOR EXPIRED DOWNLOADS. |