1. Grant of
Gann has authorized download by
you of one copy of the interactive electronic book you have purchased
(Interactive E-Book). Gann grants you a nonexclusive, nontransferable,
revocable, limited license to use the Interactive E-Book for a period of time ending with the publication of the next print edition of that particular book. You may use the Interactive E-Book only as permitted by this
This License Agreement permits you to install only one copy of the Interactive E-Book on an Apple iPad, iPhone, or iPod touch device, or Android tablet or phone, for your personal
use only and for the limited duration set forth in Paragraph 1 of this License Agreement. You shall not: (1) download the Interactive E-Book to your personal
computer or any device other than an Apple iPad, iPhone, or iPod touch device, or Android tablet or phone; (2) sell,
rent, lease, sublicense, assign, timeshare, distribute, or otherwise transfer in
any way all or part of the Interactive E-Book or any rights granted hereunder to
any other person or entity; (3) copy, reproduce, republish, or duplicate the
Interactive E-Book; (4) create derivative works from the Interactive E-Book; or (5) remove any proprietary
notices, labels, or marks from the Interactive E-Book.
3. Intellectual Property Protection.
The Interactive E-Book is owned by Gann and is protected by
United States and international copyright and other intellectual property laws.
Gann reserves all rights in the Interactive E-Book not expressly granted herein.
This license and your right to use the Interactive E-Book terminate
automatically if you violate any part of this Agreement. Upon termination, you must destroy the original and all copies of the Interactive
The Interactive E-Book is a
downloadable file that includes the primary text and appendices of the
corresponding print edition of the legal treatise that you purchased and most of
the cases cited within that text. Links to other materials, including updated
statutes, rules, and regulations, require an Internet connection. Your purchase
of an Interactive E-Book includes a subscription, coterminous with the Interactive E-Book license, to the corresponding online version of the legal treatise that you purchased, which is accessible by
a user name and password initially provided by Gann and is subject to the Terms
of Use on Gann's website: www.gannlaw.com. Gann does not provide you with a
connection to the Internet and is not responsible for the unavailability of any
content in the Interactive E-Book due to your inability to connect to the
Internet or www.gannlaw.com. If the device on which you have installed the
Interactive E-Book does not have access to the Internet, you will not be able to
access some of the Interactive E-Book content.
5. Not Legal Advice.
Interactive E-Book is not intended to and does not constitute legal advice and
no attorney-client relationship is formed. The accuracy, completeness, adequacy
or currency of the Interactive E-Book is not warranted or guaranteed. Your use
of the Interactive E-Book is at your own risk.
6. Limited Warranty.
INTERACTIVE E-BOOK IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. GANN EXPRESSLY
DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GANN DISCLAIMS ALL RESPONSIBILITY
FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM,
ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE
INTERACTIVE E-BOOK, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND
TYPOGRAPHICAL ERRORS, (B) THE UNAVAILABILITY OF ANY CONTENT IN THE INTERACTIVE
E-BOOK OR ANY PORTION THEREOF, (C) YOUR USE OF THE INTERACTIVE E-BOOK, OR (D)
YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE INTERACTIVE E-BOOK.
GANN DOES NOT WARRANT THAT THE OPERATION OF THE INTERACTIVE E-BOOK WILL BE
UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7. Limitation of Liability.
GANN SHALL NOT BE LIABLE FOR: (1) ANY
LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF
THE INTERACTIVE E-BOOK, OR (2) ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN
CONNECTION WITH THE USE OF OR INABILITY TO USE THE INTERACTIVE E-BOOK. TO THE
EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS
ESSENTIAL PURPOSE, GANN'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO
THE PURCHASE PRICE OF THAT INTERACTIVE E-BOOK.
Agreement constitutes the entire agreement between you and Gann and supersedes
any prior agreement concerning the Interactive E-Book. This Agreement is
governed by the laws of the State of New Jersey and any action arising out of or
relating to these terms shall be filed only in state or federal courts located
in New Jersey. You hereby consent and submit to the personal jurisdiction of
such courts for the purpose of litigating any such action. If any provision of
this License Agreement is unlawful, void or unenforceable, or conflicts with any
other written agreement between you and Gann that is in effect as of the date of
your use of the Interactive E-Book, then that provision shall be deemed
severable from the remaining provisions and shall not affect their validity and
enforceability. The failure of Gann to enforce any provision of this License Agreement shall not constitute a waiver of its right to enforce such provision or any other provision in the future.
GANN INTERACTIVE E-BOOK LICENSE
Effective August 6,