Thank for visiting getlibrary.com (the “Site”). By visiting this Site and accessing any content or installing or using any of the Assembly software and any related services or products (collectively, the “Software”), or accessing or using any applicable documentation, media, manuals and other technical information including an online help system related to the Software (the “Related Materials”) being made available to you through the Site, you agree to the following terms and conditions.
IF YOU DO NOT AGREE TO THIS AGREEMENT IN ITS ENTIRETY, YOU ARE NOT AUTHORIZED TO ACCESS OR USE ANY SOFTWARE, PRODUCTS OR SERVICES, OR THIS SITE IN ANY MANNER OR FORM. THE SOFTWARE AND THE RELATED MATERIALS ARE PROVIDED TO YOU BY ASSEMBLY FOR USE ONLY IN ACCORDANCE WITH THE TERMS, CONDITIONS AND RESTRICTIONS SET OUT IN THIS AGREEMENT. ALL RIGHTS WHICH ARE NOT EXPRESSLY GRANTED TO YOU UNDER THIS AGREEMENT ARE RESERVED BY ASSEMBLY.
1. USE OF THE SITE
Assembly is granting you the right to access and view the Site provided that you are of legal age to form a binding contract in your applicable jurisdiction. When viewing and accessing the Site, you agree to comply with your own local laws and regulations regarding online conduct and acceptable content, including laws regulating the export of data to and from your country of residence. You agree that you are responsible for your own conduct when accessing and using the Site, and for any consequences thereof. You understand that by visiting and accessing the Site, you may be exposed to content that you may consider to be offensive, objectionable, indecent, or inappropriate. You agree that visiting and accessing the Site is at your own risk.
Subject to the terms and conditions of this Agreement, Assembly grants to you a revocable, limited, non-exclusive, non-transferable license, without the right to sublicense, to install the Software on your computer system and to use the Software and the Related Materials in accordance with this Agreement and any other written agreement that you may have with Assembly. These terms and conditions will also govern any Software upgrades and updates provided by Assembly that replace and/or supplement the original Software, unless such upgrades and/or updates are accompanied by a separate license agreement, in which case the terms and conditions of that license agreement will govern. You are being granted a limited right and license to use the Software and the Related Materials. Assembly does not transfer title of the Software or the Related Materials to you. This Agreement is a legally binding agreement between Assembly and you. If you do not agree to the terms and conditions of this Agreement, you are required to immediately cease installing or using the Software and any Related Materials, and remove the Software and any Related Materials from your computer. Assembly reserves the right to terminate this Agreement and the licenses granted in the event that you breach any term or condition of this Agreement.
3. THIRD PARTY CONTENT AND SOFTWARE
The Software may include third- party software components and technologies. Such third-party software may incorporate certain open source software and code, which is being licensed to you and is subject to the licensing terms and conditions of each applicable third-party provider. You are permitted to use and may be permitted to distribute, free of charge, certain source code of the Software functionality under the applicable public licenses. The applicable open source licenses may permit you to copy, run, modify, and/or redistribute the open-source components, subject to certain restrictions, described in the terms of each applicable license. You are responsible for reviewing and complying with each applicable license. The terms and conditions of this Agreement are not intended to limit your rights under the applicable third-party open source licenses, nor grant you any rights that supersede the terms and conditions of any particular third party open-source licenses. You acknowledge and agree that in the event of any conflict or discrepancy between the terms and conditions set out in this Agreement and the applicable third party open-source license, the terms of the third party open-source license shall govern and prevail.
The Software may utilize the following third party open-source software code and technologies, and the applicable licenses can be viewed at the following url’s below:
Unless otherwise authorized herein or by a written agreement between you and Assembly, the Software, any Related Materials, and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part.
5. USE RESTRICTIONS
You shall use the Site, the Software, and any Related Materials in compliance with all applicable laws and not for any unlawful purpose. The assignment, sublicense, networking, timesharing, sale, or distribution of copies of the Software is strictly forbidden without the prior written consent of Assembly. It is a violation of this Agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of the Software. You shall not allow others to use or make copies of the Software.
Assembly uses reasonable endeavours to ensure that the Site is available 24 hours a day 7 days a week. However, there will be occasions when the Site will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Assembly. Every reasonable step will be taken by us to minimize such disruption where it is within the reasonable control of Assembly. You agree that Assembly shall not be responsible or liable to you for the deletion or failure to make available any content and other communications maintained or transmitted through the Site, or any modification, suspension or discontinuance of the Site. You acknowledge that Assembly reserves the right, in its sole discretion, to limit your ability to access and use the Site or any other resources or content made available on the Site. Assembly reserves the right to terminate, suspend, or limit certain features or functionality of the Site in its sole discretion.
8. COPYRIGHT RESTRICTION
You acknowledge and agree that any and all intellectual property rights to or arising from the Site, the Software, and Related Materials, including any new releases, modifications, updates or enhancements, are and shall remain the exclusive property of Assembly and/or its licensors. Nothing in this Agreement intends to transfer any such intellectual property rights to, or to vest any such intellectual property rights in, you. You are only entitled to the limited use of the intellectual property rights granted to you under this Agreement. You will not take any action to jeopardize, limit or interfere with the intellectual property rights of Assembly. You acknowledge and agree that any unauthorized use of any Assembly intellectual property rights is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws. You acknowledge and understand that all title and intellectual property rights in and to any third-party content that is not contained in the Software or any Related Materials, but may be accessed through the Site or your use of the Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. The Site, the Software, and the Related Materials contain copyrighted material, trade secrets and other proprietary and confidential material that is protected by applicable intellectual property and other laws and treaties. Assembly or the applicable third-party licensor(s), retain all patent, trademarks, and copyright to any content published on the Site, or within the Software and/or the Related Materials. You shall not remove or obscure any copyright, trademark, trade-secret, or other proprietary notices or legends from the Software or Related Materials. Subject to the terms and conditions of this Agreement, Assembly grants to you a limited, non- transferable and non-exclusive right to access and use the Site, the Software, and the Related Materials. You shall not directly, and shall not attempt to allow or assist any third party to, modify, reverse engineer, disassemble or decompile the Site, the Software, or the Related Materials, nor shall you create any derivative works or other works that are based upon or derived from the Site content, the Software, or the Related Materials in whole or in part. The foregoing shall not apply to any open source software and/or technologies as defined under Section 3 above, and you agree to comply with any and all terms, conditions, licenses, guidelines, and policies with respect to such open source software and/or technologies. Assembly retains sole and exclusive ownership of all right, title and interest in and to the content provided through the Site, the Software, and the Related Materials, and all Intellectual Property rights relating thereto including without limitation Assembly’s name, any Assembly logos and graphic files that represents the Site content. You acknowledge and agree that third parties, may own right, title and interest in and to the content hosted on the Site or otherwise presented to you through the Site, and that such content may be protected by applicable intellectual property and other laws and treaties. No program, code, part, image, or text may be copied or used in any way by you except as intended within the bounds of this Agreement. All rights not expressly granted hereunder are reserved for Assembly or its applicable licensors.
9. ADVERTISING AND LINKS
Assembly may display third-party advertisements and promotions on the Site and through the Software. The manner, mode and extent of advertising by Assembly on the Site or Software are subject to change at any time. You agree that Assembly shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of your dealings with such third parties. Assembly may provide, or third parties may provide, links to other Internet sites or resources. Because Assembly has no control over such sites and resources, you acknowledge and agree that Assembly is not responsible for the availability of such external websites or resources or the content or policies that govern the use of those websites. Furthermore, Assembly does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. UNDER NO CIRCUMSTANCE SHALL ASSEMBLY BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH ADVERTISING CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY SITE OR RESOURCE, NOR WILL ASSEMBLY ACCEPT ANY RESPONSIBILITY FOR ANY VIRUSES, WORMS, TROJAN HORSES OR OTHER FORMS OF DESTRUCTIVE MALWARE THAT MAY INFECT YOUR COMPUTER SYSTEMS AS A RESULT OF YOUR USE OF ANY THIRD-PARTY WEBSITES.
10. DISCLAIMER OF WARRANTIES
THIS SITE, THE SOFTWARE, AND THE RELATED MATERIALS ARE BEING PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES EXCEPT AS OTHERWISE SPECIFIED HEREIN. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ASSEMBLY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ASSEMBLY DOES NOT WARRANT THAT (I) THE SITE, THE SOFTWARE, OR ANY PUBLISHED CONTENT WILL MEET YOUR REQUIREMENTS; (II) THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SOFTWARE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY CONTENT, INFORMATION, OR OTHER RELATED MATERIALS PROVIDED OR OFFERED THROUGH THE SITE OR THE SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SITE, THE SOFTWARE, THE RELATED MATERIALS, OR PUBLISHED CONTENT WILL BE CORRECTED.
ANY CONTENT AND INFORMATION OBTAINED THROUGH YOUR USE OF THE SITE OR THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE OR THE SOFTWARE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASSEMBLY OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
11. LIMITATION OF LIABILITY/INDEMNIFICATION
Information on the Site or within the Software and Related Materials may contain technical inaccuracies or typographical errors although Assembly will make commercially reasonable efforts to maintain and review all its content. Information and any content available on this Site or through the Software may be changed or updated at any time without prior notice to you. You will indemnify, hold harmless, and defend Assembly, its employees, directors, officers, and authorized agents against any and all claims, proceedings, demand and costs (including litigation costs and attorneys’ fees) resulting from or in any way connected with your use of the Site, the Software, the Related Materials, and any content and information that is made available on the Site or the Software that violates of any of the terms and conditions of this Agreement. IN NO EVENT (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF NEGLIGENCE) WILL ASSEMBLY, ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AUTHORIZED AGENTS BE LIABLE FOR ANY ACTUAL, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR PECUNIARY LOSS), IN CONNECTION WITH OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SOFTWARE, THE RELATED MATERIALS, ANY THIRD PARTY SOFTWARE, COMPONENTS, OR TECHNOLOGIES, ANY SITE CONTENT, OR THE USE OR INABILITY TO USE THIS SITE, THE SOFTWARE, THE RELATED MATERIALS, ANY THIRD PARTY SOFTWARE COMPONENTS OR TECHNOLOGIES, OR THE FURNISHING, PERFORMANCE OR USE OF ANY OTHER MATTERS HEREUNDER WHETHER BASED UPON CONTRACT, TORT OR ANY OTHER THEORY INCLUDING NEGLIGENCE, EVEN IF ASSEMBLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ASSEMBLY BE LIABLE FOR ANY FAILURE OR DELAY RESULTING FROM ANY GOVERNMENTAL ACTION, FIRE, FLOOD, INSURRECTION, EARTHQUAKE, POWER FAILURE, RIOT, EXPLOSION, EMBARGO, STRIKES WHETHER LEGAL OR ILLEGAL, LABOR OR MATERIAL SHORTAGE, TRANSPORTATION INTERRUPTION OF ANY KIND, WORK SLOWDOWN, OR ANY ACTION BEYOND ITS REASONABLE CONTROL. THIS LIMITATION OF LIABILITY ALSO APPLIES TO ANY CLAIMS THAT YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT ASSEMBLY WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. MULTIPLE CLAIMS SHALL NOT EXPAND THE LIMITATIONS SET FORTH UNDER THIS LIMITATION OF LIABILITY.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this Agreement and the licenses granted herein. You may terminate this Agreement with immediate effect at any time, with or without cause. Upon termination of the license granted herein for any reason, you agree to immediately cease use of the Software and any Related Materials and destroy all copies of the Software and Related Materials. The financial obligations incurred by you or any indemnification obligations by you shall survive the termination of this Agreement.
13. GOVERNING LAW
This Agreement and all claims related to it, or the performance by both parties under it, shall be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable therein except any principles regarding conflicts of law rules. You hereby irrevocably attorn and submit to the exclusive jurisdiction of the courts of Victoria, British Columbia, and any competent Courts of Appeal therefrom, and expressly and irrevocably waive any defense of personal and/or subject matter jurisdiction in those courts or any claim on the grounds of forum non conveniens. The failure of Assembly to exercise or enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by you of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect Assembly’s ability to enforce each and every such provision thereafter. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any other provisions.
14. EQUITABLE RELIEF
You agree that a material breach of this Agreement by you would cause irreparable injury to Assembly for which there may be no adequate remedy at law. Assembly shall have the right to apply to any court of competent jurisdiction for injunctive relief and specific performance, without prejudice to any remedies available to it at law or in equity.
15. NO WAIVER
No term or condition of the Agreement will be deemed amended or waived, and no breach excused, unless such amendment, waiver or consent is in writing and signed by Assembly. The failure of Assembly to enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by you of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the ability of Assembly to enforce each and every such provision thereafter.
16. CONSENT TO USE DATA
17. NOTICE AND AMENDMENT TO TERMS
Assembly reserves the right to amend the terms and conditions of this Agreement at any time. We shall notify you of any material changes to this Agreement by providing you with notification of such changes which will appear in a prominent location on the Site or within the Software. Your accessing of and continued use of the Site and/or the Software constitutes your acknowledgement and acceptance of any modified terms to the Agreement.
18. ENTIRE AGREEMENT
The terms and conditions contained herein constitute the entire agreement between you and Assembly and govern your use of the Site, the Software, and the Related Materials, superseding any prior agreements between you and Assembly. You also may be subject to additional terms and conditions that may apply when you use any other current or future services made available through the Site or the Software. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.