Last Updated: May 12, 2016
The Application is an electronic reading application that enables users to download, browse, and read materials, all subject to the terms and conditions of this Agreement. The “Service” means the provision of software, support and digital content that Tekk Innovations LLC provides Application users.
No Professional or Legal Advice. The Application is not intended to be or contain legal advice. Any information supplied by any employee or agent of Tekk Innovations LLC, whether by telephone, e-mail, letter or other form of communication, is intended solely as general guidance on the use of the Application, and does not constitute professional or legal advice.
Use of Digital Content. Upon your payment of the applicable fees (if any) set by Tekk Innovations LLC, Tekk Innovations LLC grants you the non-exclusive right to download a copy of the applicable Digital Content and to view, use, and display such Digital Content an unlimited number of times, on the iPad, iPhone or iPod touch (individually and collectively, “iPhone”) onto which you download the Application and devices as authorized by Tekk Innovations LLC, and solely for your personal, non-commercial use. Digital Content will be deemed licensed to you by Tekk Innovations LLC under this Agreement unless otherwise expressly provided by Tekk Innovations LLC.
Restrictions. Other than original government works and other public domain materials or unless specifically indicated otherwise, you may not sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any rights to the Digital Content or any portion of it to any third party, and you may not remove any proprietary notices or labels on the Digital Content. In addition, you may not, and you will not encourage, assist or authorize any other person to, bypass, modify, defeat or circumvent security features that protect the Digital Content.
Definitions. The Application includes (a) all software of Tekk Innovations LLC or third parties that is a part of the Application at the time of your initial download of the Application or that Tekk Innovations LLC provides as updates/upgrades to the Application, unless you agree to other terms as part of an update/upgrade process; and (b) any on-line or other electronic documentation for the Application.
Use of the Application. Subject to the terms and conditions of this Agreement, Tekk Innovations LLC hereby grants you a personal, limited, non-exclusive, non-transferable license to install and use the Application on your iPhone. You may use the Application only on your iPhone. You may not separate any individual component of the Application for use on another device or computer, may not transfer it for use on another device or use it, or any portion of it, over a network and may not sell, rent, lease, lend, distribute or sublicense or otherwise assign any rights to the Application in whole or in part.
No Reverse Engineering, Decompilation, Disassembly or Circumvention. You may not, and you will not encourage, assist or authorize any other person to, modify, reverse engineer, decompile or disassemble the Application, whether in whole or in part, create any derivative works from or of the Application, or bypass, modify, defeat or tamper with or circumvent any of the functions or protections of the Application or any mechanisms operatively linked to the Application, including, but not limited to, augmenting or substituting any digital rights management functionality of the Application.
Automatic Updates. In order to keep your Application up-to-date, Tekk Innovations LLC may automatically provide your Application with updates/upgrades.
Export Regulations. You agree to comply with all export and re-export restrictions and regulations of the United States Department of Commerce and other United States and foreign agencies and authorities, and not to transfer, or encourage, assist or authorize the transfer of the Application to a prohibited country or otherwise in violation of any such restrictions or regulations.
No Illegal Use and Reservation of Rights. You may not use the Application, the Service or the Digital Content for any illegal purpose. You acknowledge that the license in this Agreement does not transfer to you title to or ownership of any intellectual property rights of Tekk Innovations LLC or its suppliers. The Application is licensed, not sold, and such license is non-exclusive.
Changes to Service. Tekk Innovations LLC reserves the right to modify, suspend, or discontinue the Service at any time, and Tekk Innovations LLCTekk Innovations LLC will not be liable to you should it exercise such right.
Termination. Your rights under this Agreement will automatically terminate without notice from Tekk Innovations LLC if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Application and Tekk Innovations LLC may immediately revoke your access to the Service or to Digital Content without notice to you and without refund of any fees. Tekk Innovations LLC’s failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION, SERVICE AND DIGITAL CONTENT IS AT YOUR SOLE RISK. THE APPLICATION, SERVICE AND DIGITAL CONTENT ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND Tekk Innovations LLC AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Tekk Innovations LLC OR AN AUTHORIZED REPRESENTATIVE OF Tekk Innovations LLC SHALL CREATE A WARRANTY. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, NEITHER Tekk Innovations LLC NOR ITS SUPPLIERS OR LICENSORS SHALL BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE APPLICATION, SERVICE OR DIGITAL CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA OR USE OF THE APPLICATION OR ANY ASSOCIATED PRODUCT, EVEN IF Tekk Innovations LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, Tekk Innovations LLC’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR DIGITAL CONTENT. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Massachusetts Law Applies. The laws of the state of Massachusetts, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Tekk Innovations LLC.
Severability. If any term or condition of this Agreement shall be deemed invalid, void, or for any reason unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
Amendment. Tekk Innovations LLC reserves the right to amend any of the terms of this Agreement at its sole discretion by posting the revised terms within the app or on the TK Innovations website. Your continued use of the Application after the effective date of any such amendment shall be deemed your agreement to be bound by such amendment.
Contact Information. For communications concerning this Agreement, you may contact Tekk Innovations LLC by writing to firstname.lastname@example.org.