Terms of Use and License Agreement for the McGraw-Hill ebook Library

 

The McGraw-Hill eBook Library (the “Library”) is a product of the McGraw-Hill Professional unit of McGraw-Hill Global Education LLC (“Publisher” or “we”).  All use of the Library web pages is subject to the terms and conditions set forth below.  By using McGraw-Hill eBook Library, you represent that you agree to abide by the following terms and conditions.  The terms "you" and "User" refer to the person who completed the registration process and/or is otherwise accessing the McGraw-Hill eBook Library.

 

Definitions

 

McGraw-Hill eBook Library contains two types of content:

 

"McGraw-Hill eBook Library Owned Content" means information entered into McGraw-Hill eBook Library by Publisher's employees and its licensors, including without limitation, those authorized representatives who are editors or who are otherwise designated by Publisher to contribute to McGraw-Hill eBook Library (collectively the "Publisher Designated Online Providers").

 

"Other Content" means any other information entered into McGraw-Hill eBook Library by Users or other persons.

 

Use of McGraw-Hill eBook Library

 

All of the McGraw-Hill eBook Library owned content is either the property of Publisher or is licensed to Publisher and is protected by copyright and other intellectual property laws.  The User shall honor all reasonable requests by Publisher to protect Publisher's proprietary interests in McGraw-Hill eBook Library. During the term of your subscription to the Library, Publisher hereby grants you a non-exclusive, non-transferable license to access and use McGraw-Hill eBook Library for the fees and under the terms described in these terms.  For individual subscriptions, only one person at a time may access the Library using the User screen name and password.  No User may share or distribute to a third party any User screen name or password.  You may access and use materials from the Library for your own research or study only.  You may not otherwise copy, transmit, rent, forward, lend, sell, or modify any materials from the Library or modify or remove any proprietary notices contained therein, or create derivative works based on materials from the Library. You may not engage in systematic retrieval of content from the Library to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from Publisher.  You may not use any robots, spiders, crawlers or other automated downloading programs or devices, including without limitation, to: (i) continuously and automatically search or index any content; (ii) harvest personal information from the Library; or (iii) cause disruption to the operation of Library.  Publisher reserves the right to terminate the User's subscription at any time if the User downloads or prints out a substantial portion of the Library. The User may not disseminate any portion of the Library through electronic means, including mail lists or electronic bulletin boards, and agrees not to restrict or inhibit any other User's access to, or use of, the Library.  Except for the limited access rights granted User herein, all rights in the McGraw-Hill eBook Library materials are reserved by Publisher and User acquires no right, title or interest in any such materials.

 

Other Content

 

The User grants to Publisher the perpetual, non-exclusive right to use all material entered into McGraw-Hill eBook Library by the User (other than third-party material transmitted through private electronic mail) in any of Publisher's print or electronic publications.

 

Users entering material into Library are responsible for the content of that material.  Neither Publisher nor the Publisher Designated Online Providers have any responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from the Library. However, Publisher retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content which Publisher deems to be illegal, offensive, or otherwise inappropriate.

 

You may not input or distribute any material through the Library which is promotional in nature, including solicitations for funds or business, without the prior written authorization of Publisher.

 

The User agrees to indemnify Publisher and the Publisher Designated Online Providers from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, which Publisher, its affiliates, employees and the Publisher Designated Online Providers may incur as a result of either: (i) the User's violation of these terms; or (ii) material entered into the McGraw-Hill eBook Library with the use of the User screen name or password. Publisher reserves the right to assume the exclusive defense and control of any such matter for which the User has agreed to indemnify Publisher or the Publisher Designated Online Providers.

 

No Warranties/Limitations on Liability

 

THE MCGRAW-HILL EBOOK LIBRARY AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS.  NEITHER PUBLISHER NOR THE PUBLISHER DESIGNATED ONLINE PROVIDERS MAKE ANY GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AS TO THE ACCURACY, COMPLETENESS, CURRENTNESS, OR RESULTS TO BE OBTAINED FROM ACCESSING AND USING THE MCGRAW-HILL EBOOK LIBRARY, NOR ANY MATERIAL WHICH CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE MCGRAW-HILL EBOOK LIBRARY.

 

IN NO EVENT WILL PUBLISHER OR THE PUBLISHER DESIGNATED ONLINE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE MCGRAW-HILL EBOOK LIBRARY. USER AGREES THAT ALL DEMANDS FOR DAMAGES OF WHATEVER KIND ASSESSED AGAINST PUBLISHER OR ANY OF ITS THIRD PARTY LICENSORS, INCLUDING, WITHOUT LIMITATION, THE PUBLISHER DESIGNATED ONLINE PROVIDERS, ARISING OUT OF, OR RELATING TO USE OF THE MCGRAW-HILL EBOOK LIBRARY SHALL NOT EXCEED THE TOTAL AMOUNT THE USER PAID TO PUBLISHER FOR USE OF THE MCGRAW-HILL EBOOK LIBRARY DURING THE PREVIOUS TWELVE (12) MONTHS.

 

Registration

 

If applicable, as part of the registration process, you may be required to select a User screen name and password. You will keep any User screen name and password confidential. You are responsible to promptly notify Publisher of any disclosure or unauthorized use of your User screen name and password by calling 1-888-307-5984 (U.S.) or 1-614-759-3663 (from outside the U.S.) or sending e-mail to onlinecustomer_service@mheducation.com. You will be assigned a new User screen name and password. You may be liable for any damages which occur prior to such notification, including charges incurred as a result of the unauthorized use of your credit card. You will notify Publisher within thirty (30) days of any other changes in your registration data.

 

Privacy Policy

 

When you subscribe to the Library, register for a trial subscription or register for individual access to the site, we collect certain personal information, such as your name, address, and e-mail address.  We use this information to process your order and for administration of your subscription and we may, from time to time, use information you provide as part of the registration process to send you information regarding other products or services from Publisher that may be of interest to you.  In addition, Publisher may provide aggregated, anonymous statistical information about the Library users to other persons, including potential advertising clients. For detailed information, please click the Privacy Policy link at the bottom of any web page of the McGraw-Hill eBook Library.

 

Term and Termination; Changes in the Terms

 

Unless otherwise agreed in a separate agreement between us, this Agreement will continue unless terminated by Publisher, as provided for in these terms, or you fail to respond to the renewal notice from Publisher and do not renew your subscription.

 

Publisher may discontinue or change the Library, or its availability to you, at any time.  If you refuse or fail to abide by any provision in these terms, Publisher reserves the right in its sole discretion to suspend or terminate your access to the Library immediately without notice, in addition to any other available remedies.

 

Publisher reserves the right to change these terms by providing notice on McGraw-Hill eBook Library website or, at Publisher's option, directly to Users via electronic mail or conventional mail.  Use of the Library following the posting of any changes to these terms shall be deemed acceptance of those changes by the User.

 

Fees and Payments

 

Unless User’s access is obtained pursuant or subject to a separate institutional or other agreement, the following payment terms will apply.  Your annual subscription fee for your selected McGraw-Hill eBook Library service(s) must be fully paid before you will be provided access to McGraw-Hill eBook Library.

 

You agree to pay all fees and charges incurred in connection with your User screen name and password, including applicable taxes and communications or access charges, at the rates in effect when the charges were incurred. For a list of current fees please see the subscription area of the Library.  User fees will be billed automatically to your credit card at the start of each subscription period. Fees and charges are non-refundable.  Publisher may change subscription rates in the normal course of business. In that case, you will be notified of the new rates (if any) in the Publisher annual renewal notice which you will receive prior to the end of your subscription term.  All charges incurred in connection with your account will be billed to the credit card you designate during the registration process.

 

General

 

Except for any institutional or other license agreement applicable to User’s access to the Library, these terms constitute the entire agreement between the User and Publisher relating to the Library and supersede any and all other agreements, oral or in writing, with respect to the Library.  The failure of Publisher to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. If any provision in these terms is invalid or unenforceable under applicable laws, the remaining provisions will continue in full force and effect. These terms, your rights and obligations, and all actions contemplated by these terms shall be governed by the laws of the United States of America and New York State, as if these terms were a contract wholly entered into and wholly performed within New York State.