BY INSTALLING OR USING “SIGHTREADING JAZZ” (THE "PRODUCT"), THE INDIVIDUAL OR ENTITY
LICENSING THE PRODUCT ("LICENSEE") IS CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, LICENSEE MUST NOT INSTALL OR USE THE PRODUCT. 1. LICENSE GRANT. Taylor-James Publications, Inc. (Taylor-James) grants Licensee a non-exclusive and non- transferable license to reproduce and use for personal or internal business purposes the electronic version (Acrobat book) of the Product, provided any copy must contain all of the original proprietary notices. This license does not entitle Licensee to receive from Taylor-James any hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the Product. Licensee may redistribute this product on a NON-PROFIT, NON-COMMERCIAL basis, provided all original proprietary notices are included in Product. Licensee may NOT customize the Product in any way without first obtaining express written permission from Taylor-James. 2. RESTRICTIONS. Except as otherwise expressly permitted in this Agreement, Licensee may not: (i) modify or create any derivative works of the Product, including translation or localization; (ii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Product; or (iii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product. 3. TERMINATION. Without prejudice to any other rights, Taylor-James may terminate this Agreement if Licensee breaches any of its terms and conditions. Upon termination, Licensee shall destroy all copies of the Product. 4. PROPRIETARY RIGHTS. Title, ownership rights, and intellectual property rights in the Product shall remain in Taylor- James and/or its suppliers. Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Taylor-James or its suppliers' ownership of or rights with respect to the Product. The Product is protected by U.S. copyright. Licensee agrees, at its expense, to defend and hold Taylor-James and its affiliates harmless from any and all costs, damages and reasonable attorneys' fees resulting from any claim that Licensee's use of the Product has injured or otherwise violated any right of any third party or violates any law. !"#$% "&'( )* + (( , - . / . 0/ / 1 / 2 2 34 4 5 /3 / 14 4 / 3 3 . . . 1 1 5 6 /. . / # / . / . 0 / 0 . 3 / .. 0 / . / 4 . 1 , . / 7/ / 8 . / / 9 %"&" "), )*%" :"%" - 8 8 . / .. 43 0 4 ; .. / 3. 3 / 6 / 1 1 . / 3 / 134 3/ 1 1 /4 34 5 .. 1 3 . 3 / / 1 30 /0 / . 3 / 1 / 1 6 < 3 4 =. 4 /" 3 ; > / . 0 1 8 / 11 1 . / < = / .. . / 0/ ; / . .. 1 < =34 8 . / . ; / 11 ; 8 .. 4. / 1 # ; / / 4 8 / 6 / 1 3 8 / .. ; . 1 . 0/ / /. / 1 . / / 5/ 1 7. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. (b) This Agreement may be amended only by a writing signed by both parties. (c) If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect. (d) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (e) The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination. (f) Licensee may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein except in the case of a merger or the sale of all or substantially all of Licensee's assets to another entity. (g) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. (h) Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. (i) The relationship between Taylor-James and Licensee is that of independent contractors and neither Licensee nor its agents shall have any authority to bind Taylor-James in any way. (j) Taylor-James may change the terms of this Agreement from time to time. By continuing to use the Product beyond a period of 30 days after notice of such change has been provided on a public website of Taylor-James or its affiliate for the first time, Licensee signifies its consent to the revised terms