VIEWING, ACCESSING AND DOWNLOADING THE MATERIALS
You agree not to access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use the materials (“Materials”), directly or indirectly in places which the Company does not authorize such access, viewing, downloading, receipt or other use. You acknowledge and agree that the Company does not authorize any Materials to be accessed, viewed, downloaded, used by, transmitted, broadcast or otherwise disseminated to any person or entity located in any and all areas prohibited by law (“Prohibited Areas”). You further acknowledge that the Company does not authorize you to cause or enable others to access, view, download, receive or otherwise use the Materials, directly or indirectly.
You agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of the Materials in which you are directly or indirectly involved, including, but not limited to 1) accessing, viewing, downloading, receiving or other use of the Materials in Prohibited Areas and 2) causing or enabling others to access, view, download, receive or otherwise use the Materials, directly or indirectly, shall constitute intentional infringement(s) of this site’s and potentially others’ intellectual property rights and other rights in the Materials, and may also constitute a violation of the Company’s trademarks, copyrights and other rights, including, but not limited to, the right of privacy.
You agree to be personally liable and fully indemnify the Company and Epoch for any and all damages directly, indirectly and/or consequentially resulting from your attempted or actual unauthorized downloading or other duplication of materials from the Service alone, or with or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from this site including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney’s fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
LIMITED NON-EXCLUSIVE LICENSCE GRANTED TO SUBSCRIBER
Subject to the terms and conditions set forth herein, this site hereby grants you a limited, non-exclusive and non-transferable license to use the Materials during the period in which you are a current Subscriber in good standing. You may use the Materials only in accordance with the terms and conditions of your membership, only on one computer at a time and, if this site makes downloadable copies of the Materials available, you may make only a single copy of such Materials for your personal use and enjoyment.
You may not remove any propriety notices from the Materials at any time. You may make no use of the Materials not expressly authorized herein or by prior express written authorization from the Company. Prohibited uses, include, without limitation: (1) permitting other individuals to directly or indirectly use the Materials; (2) modifying, translating, reverse engineering, decompiling, disassembling the Materials (except to the extent applicable laws specifically prohibit such restriction); (3) making copies or creating derivative works based on the Materials except as provided herein; (4) renting, leasing, or transferring any rights in the Materials; (5) removing any proprietary notices or labels on the Materials; and (6) making any other use of the Materials. This license does not grant you any rights to any software enhancements or updates of any kind.
Except for public domain material or material otherwise licensed to Company for electronic dissemination, all Materials displayed at or otherwise available through this site are proprietary, and, except for initial downloading, may not be copied, redistributed, or downloaded, in whole or in part, without the prior written authorization of Company. All editions of this site, and all Materials and other matter used directly or indirectly in, at, by, through and/or with this site are protected by the copyright laws of the United States, international copyright treaties and other laws and regulations. All rights are reserved. All intellectual property and other rights in and to the Materials and other matter at this site shall at all times remain in the Company, its parent(s), subsidiary(ies), licensee(s) and assign(s). All intellectual property and other rights in and to any intellectual property content accessed through the Materials is the property of the applicable content owner, which may be the Company, its parent(s), subsidiary or subsidiaries, licensee(s) and assign(s), or others, and may be protected by applicable copyright and/or other laws. The limited and non-exclusive license granted to you herein grants to you no rights to use such content except as set forth herein. This license will immediately terminate automatically if you fail to comply with the limitations described herein, breach any other provision of this Agreement, cease, for any reason, to be a Subscriber in good standing, or are notified of its termination by the Company or its authorized agent(s). You agree that upon such termination, you will immediately destroy all copies of the Materials in your possession.