eBook Terms & Conditions

EBOOK LICENSE AGREEMENT

This eBook License Agreement, including the applicable Checkout Forms which is incorporated herein by reference (this “Agreement”), is a binding agreement between Water Systems Council (“WSC”) and the person or entity identified on the Checkout Forms (“Licensee”) as the licensee of one or more eBooks identified on the Checkout Forms (the “eBook”).

WSC PROVIDES THE eBOOK SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND ON THE CONDITION THAT LICENSEE ACCEPTS AND COMPLIES WITH THEM. BY CLICKING THE “ACCEPT” BUTTON ON THE PREVIOUS PAGE YOU (A) ACCEPT THIS AGREEMENT AND AGREE THAT LICENSEE IS LEGALLY BOUND BY ITS TERMS; AND (B) REPRESENT AND WARRANT THAT: (I) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (II) IF LICENSEE IS A CORPORATION, GOVERNMENTAL ORGANIZATION, OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF LICENSEE. IF LICENSEE DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, WSC WILL NOT AND DOES NOT LICENSE THE eBOOK TO LICENSEE AND YOU MUST NOT DOWNLOAD THE eBOOK.

1. License. 

   1.1 Grant of Rights. Subject to the terms and conditions of this Agreement, WSC hereby grants to Licensee a worldwide, non-exclusive, non-transferable (except as provided in Section 3), non-sublicensable, revocable limited license in the eBook in the format and medium provided. This Agreement permits Licensee to install the eBook on its devices for use by Licensee only, provided that Licensee does not otherwise share, reproduce, display, transmit, distribute, transfer, or resell the eBook or in any way share the eBook with any third parties.

   1.2 Reservation of Rights. WSC reserves all rights not expressly granted to Licensee under this Agreement. No use by WSC of the eBook in any medium or manner will be deemed to interfere with the limited permissions made to Licensee by WSC herein.

2. Usage of the eBook. Licensee shall not (a) remove any copyright notices or other identifying marks or labels from the eBook; (b) apply any copyright notices to the eBook that conflict with, confuse, or negate the notices WSC provides and requires hereunder; or (c) translate, recast, edit, alter, modify, or create any derivative works of the eBook.
3. Ownership and Protection.

   3.1 Acknowledgment of Ownership. Except for the licenses expressly granted to Licensee in this Agreement, Licensee acknowledges that all rights, title, and interest in and to the eBook, as well as any modifications or improvements made thereto by Licensee, are owned by WSC. If Licensee acquires any rights in the eBook by operation of law or otherwise, Licensee hereby irrevocably assigns such rights to WSC without further action by either party. Licensee agrees not to dispute or challenge or assist any person or entity in disputing or challenging WSC’s rights in and to the eBook.

   3.2 Protection of the eBook. Licensee shall immediately notify WSC in writing with reasonable detail of any: (a) actual, suspected, or threatened infringement of the eBook; (b) actual, suspected, or threatened claim that use of the eBook infringes the rights of any third party; or (c) other actual, suspected, or threatened claim to which the eBook may be subject. With respect to any of the matters listed in the foregoing sentence: (i) WSC has exclusive control over, and conduct of, all claims and proceedings; (ii) Licensee shall provide WSC with all assistance that WSC may reasonably require in the conduct of any claims or proceedings; and (iii) WSC shall bear the cost of any proceedings and will be entitled to retain all sums recovered in any action for its own account.

4. Representations and Warranties.

   4.1 WSC’s Representations and Warranties. WSC represents and warrants, solely to and for the benefit of Licensee, that it owns or has the right to license the eBook in connection with Licensee’s permitted uses WSC warrants that the eBook is free from defects solely in the operational sense that the eBook can be read by a PDF reader or other similar viewing application.

   4.2 Licensee’s Representations and Warranties. Licensee represents and warrants that Licensee will not engage or participate in any activity or course of action that could diminish or tarnish the image or reputation of the eBook or WSC, or cause confusion as to the ownership of the eBook.

   4.3 Disclaimer of Representations and Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 4, WSC HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE eBOOK, INCLUDING SPECIFICALLY ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. For the avoidance of doubt, WSC does not warrant that Licensee’s use of the eBook will be uninterrupted or error-free, or that the results obtained will be useful or will satisfy Licensee’s requirements.

5. Limitation of Liability. IN NO EVENT WILL WSC BE LIABLE FOR ANY DAMAGES, WHETHER ARISING FOR TORT OR CONTRACT, INCLUDING LOSS OF DATA, LOST PROFITS, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE eBOOK.
6. Termination. This Agreement and any rights of Licensee hereunder with respect to the eBook shall terminate automatically if Licensee breaches any part of this Agreement. Upon termination of this Agreement all rights licensed under this Agreement will revert immediately to WSC and Licensee shall cause to be inactivated and erased all digital copies of the eBook in its control and possession and return or, at WSC’s written request, destroy, any tangible copies of the eBook.
7. Equitable Relief. Licensee acknowledges that a breach by Licensee of this Agreement may cause WSC irreparable damages, for which an award of damages would not be adequate compensation, and agrees that, in the event of such breach or threatened breach, WSC will be entitled to equitable relief, including a restraining order, orders for a preliminary or permanent injunction, specific performance, and any other relief that may be available from any court, in addition to any other remedy to which WSC may be entitled at law or in equity. Such remedies are not exclusive but are in addition to all other remedies available at law or in equity, subject to any express exclusions or limitations in this Agreement to the contrary.
8. General.

   8.1 Entire Agreement. This Agreement, including and together with any related attachments, is the sole and entire agreement of the parties with respect to the subject matter herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to such subject matter. This Agreement is intended to be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. Any rights or obligations of the parties in this Agreement which, by their nature, should survive termination of this Agreement will survive any such termination.

   8.2 Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the enforceability of any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal, or unenforceable, the court may modify this Agreement to effect the original intent of the parties as closely as possible.

   8.3 Assignment. Licensee shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of WSC. Any purported assignment or delegation in violation of this Section is null and void. WSC may freely assign or otherwise transfer any of its rights or delegate any of its obligations under this Agreement. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.

   8.4 Choice of Law; Venue. This Agreement and all matters arising out of or relating to this Agreement are governed by, and construed in accordance with, the laws of the District of Columbia, without giving effect to any conflict of laws provisions thereof that would require or permit the application of the laws of a different jurisdiction. Any legal suit, action, or proceeding arising out of or relating to this Agreement will be instituted exclusively in the federal or state courts, in each case located in Washington, District of Columbia, and each party irrevocably submits to the exclusive jurisdiction of such courts in any legal suit, action, or proceeding.

   8.5 No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns, and nothing herein, express or implied, is intended to or will confer upon any third party any legal or equitable right, benefit, or remedy of any nature whatsoever, under or by reason of this Agreement.

   8.6 Amendment and Modification. No amendment or modification to this Agreement is effective unless it is in writing and signed by an authorized representative of each party.

   8.7 Waiver. No waiver by any party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the waiving party. No waiver by any party will operate or be construed as a waiver of any failure, breach, or default not expressly identified by such written waiver. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

   8.8 Attorneys’ Fees. In the event that any claim, suit, action, or proceeding is instituted or commenced by either party hereto against the other party arising out of or related to this Agreement, the prevailing party will be entitled to recover its reasonable attorneys’ fees and court costs from the non-prevailing party.

If you agree to these TERMS AND CONDITIONS, please go back to the checkout page and click the check box to accept and complete your purchase.