License Agreement for Digital Content
LICENSING AND CONDITIONS OF USE
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. THIS AGREEMENT LICENSES THE APPRAISAL INSTITUTE DIGITAL CONTENT TO YOU AND CONTAINS LIABILITY AND WARRANTY DISCLAIMERS. BY USING APPRAISAL INSTITUTE DIGITAL CONTENT YOU ARE ACCEPTING AND AGREEING TO THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, THEN YOU MAY NOT USE THE APPRAISAL INSTITUTE DIGITAL CONTENT.
This License Agreement for Digital Content is between you and the Appraisal Institute (“Agreement”) for the use of Appraisal Institute digital content including, but not limited to, E-books, digitized articles, and any other digitized electronic content obtained through the Appraisal Institute (“Appraisal Institute Digital Content”). Appraisal Institute Digital Content only may be used pursuant to the terms and conditions of this Agreement. By using the Appraisal Institute Digital Content, you agree to be bound by the terms and conditions herein.
Appraisal Institute Digital Content is owned by the Appraisal Institute and is protected by the United States copyright laws and international treaty provisions. Upon your download of the Appraisal Institute Digital Content and the payment of any applicable fees, the Appraisal Institute grants you a non-exclusive license to use the Appraisal Institute Digital Content solely for your personal and non-commercial use. You may not move, network or otherwise transfer any of the Appraisal Institute Digital Content to any computer or other device of any other person. You may not, in whole or in part, display, reproduce, copy, modify, sell, sublicense, assign, lease, rent, share, create derivative works based on, or otherwise utilize the Appraisal Institute Digital Content in any form or manner or by any means except for your personal and non-commercial use without the prior written consent of the Appraisal Institute.
Any breach or violation of this Agreement shall result in the immediate termination of your rights to the Appraisal Institute Digital Content. In case of such termination, you must cease all use of the Appraisal Institute Digital Content, and you will be subject to any necessary legal action by the Appraisal Institute to remedy the breach or violation, for which you shall be liable for any reasonable attorneys’ fees and court costs. You agree to indemnify, defend and hold harmless the Appraisal Institute and its directors, officers, and employees for the breach or violation of any term of this Agreement by you.
THE APPRAISAL INSTITUTE DIGITAL CONTENT IS PROVIDED “AS IS,” AND THE APPRAISAL INSTITUTE SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE APPRAISAL INSTITUE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOSS OF PROFITS, REVENUES, PROSPECTIVE ECONOMIC ADVANTAGE OR OTHER INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF THE APPRAISAL INSTITUTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR OF ANY CLAIM BY ANOTHER PARTY.
THE APPRAISAL INSTITUTE DOES NOT WARRANT, GUARANTY, OR MAKE ANY REPRESENTATIONS REGARDING THE APPRAISAL INSTITUTE DIGITAL CONTENT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE, AND DOES NOT WARRANT THAT THE APPRAISAL INSTITUTE DIGITAL CONTENT PUBLICATION WILL BE WITHOUT ANY DEFECTS OR ERROR FREE. THE APPRAISAL INSTITUTE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES NOT STATED HEREIN.
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, U.S.A., without giving effect to any principles of conflicts of laws. You consent to the exclusive jurisdiction and venue of courts in the County of Cook, State of Illinois, U.S.A. in all disputes arising out of or relating to the use of the Appraisal Institute Digital Content or this Agreement.
This Agreement constitutes the entire agreement between you and the Appraisal Institute with respect to the Appraisal Institute Digital Content and may not be modified except in writing signed by both parties. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Appraisal Institute with respect to the Appraisal Institute Digital Content.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by the Appraisal Institute.