<p>Use of the Jumpbooks™ website (the “Site”) and the content contained herein (the “Site”) is governed by the terms of this License Agreement (the “License”) between you and Nebraska Book Company, Inc.  (“Nebraska Book”).  Your use of this Site and/or downloading a Jumpbooks™ Digital Textbook (a “Digital Textbook”) constitutes your unconditional agreement to be bound by the terms of this License.</p>



<p>You are authorized to access this Site only if you have purchased a license to download a Digital Textbook.  If you do not agree with the terms and conditions of this License, do not download the Digital Textbook, and you must immediately cease using this Site and promptly return the Digital Textbook product to the retailer from which you made the purchase.  Once you download the Digital Textbook from this Site, you have no right to return the product, or to receive a refund or credit.</p>



<p>Nebraska Book grants you a personal, terminable, non-exclusive, nontransferable license to download and activate one copy of a Digital Textbook and any accompanying documentation, and to access and use the content of the Digital Textbook on your computer, in accordance with the following terms and conditions:</p>



<p>1.  As the licensee, you, and only you, may use the Digital Textbook only on a single stand-alone computer for personal, non-commercial purposes.  The Digital Textbook can be downloaded to your computer's memory as is required for normal utilization.  You are neither licensed nor permitted to download the Digital Textbook in a corporate, academic, or network environment or computer.  You are responsible for any infringement of rights caused or made possible by your failure to abide by the terms of this License.</p>



<p>2.  Unless otherwise indicated, the Digital Textbook is in a format compatible with either Adobe® Acrobat® Reader (PDF) or VitalSource Bookshelf Reader.  If the computer on which you intend to download the Digital Textbook will not accept this format, then do not attempt to download the Digital Textbook, but immediately return the product to the retailer for a refund.</p>



<p>3.  This License expires without notice 30 days after your retail purchase if the Digital Textbook is not downloaded within this 30 day period.  After downloading, this License terminates at the earlier of (i) expiration of the period established by Nebraska Book’s licensor that is available within the properties of the Digital Textbook upon activation on your computer or (ii) immediately and without notice if you fail to comply with any provision of this License.  You are advised that, in some instances, the software program will render the Digital Textbook inaccessible at the expiration date.  Upon such expiration or termination, you must delete the Digital Textbook from the computer on which it was downloaded.  In the absence of such a termination, a license for the limited purpose of accessing the Digital Textbook continues on the terms set forth herein as long as the Digital Textbook is accessible on your computer.  Notwithstanding the term of this License, all warranties and obligations of Nebraska Book and its affiliates and licensors shall terminate on the one year anniversary of the date of download of the Digital Textbook.  Nebraska Book reserves the right to refuse, suspend or discontinue offering for sale or distribution any Digital Textbook at any time and for any reason, in its sole discretion.</p>



<p>4.  The Digital Textbook is licensed, not sold, to you.  Digital Textbooks are subject to protection under copyrights, trademarks and/or other intellectual property rights owned, controlled or licensed by Nebraska Book and its affiliates or by third parties.  These rights are protected by common law, state laws, and U.S. and international laws.  Even after the Digital Textbook is downloaded, these rights will remain the exclusive property of Nebraska Book and/or its suppliers and licensors, which expressly reserve all right, title, and interest in and to all copyrights, trade names, logos, patents and other intellectual property and proprietary rights in and to the Digital Textbook products and content, and the Jumpbooks™ Site, including but not limited to any images, photographs, animations, video, audio, music, text, and "applets"; the overall "look and feel", processes, software, technology, and other materials which appear on this Site; and the business processes used to market Digital Textbooks and implement this License.  You agree that your rights are limited to those granted herein, and you will not acquire any rights except as expressly set forth in this License.</p>



<p>5.  This License is personal to you.  Accessing the Jumpbooks™ Site for any purpose other than personal, non-commercial use is strictly prohibited.  Downloading or accessing any of the content on this Site does not entitle you to any right or interest in the Digital Textbook other than this License.  YOU HAVE NO RIGHT TO, AND YOU SHALL NOT: (1) DISTRIBUTE, RENT, LOAN, PRINT FOR DISTRIBUTION, TRANSFER, LEASE OR SUBLICENSE IN ANY FORM OR BY ANY MEANS, ALL OR ANY PORTION OF THE DIGITAL TEXTBOOK, WHETHER ELECTRONICALLY, MECHANICALLY, OR OTHERWISE; (2) MODIFY, ALTER OR TRANSLATE ALL OR ANY PORTION OF THE DIGITAL TEXTBOOK; (3) REMOVE ANY PROPRIETARY NOTICES, LABELS, OR MARKS ON THE DIGITAL TEXTBOOK; OR (4) COPY, RESELL OR ATTEMPT TO RESELL THE DIGITAL TEXTBOOK UNDER ANOTHER NAME.</p>



<p>6.  You shall not disable, or attempt to disable, any protective device incorporated into the Digital Textbook.</p>



<p>7.  Nebraska Book has no responsibility for the content of the Digital Textbook.</p>



<p>8.  Nebraska Book warrants that the Digital Textbook is able to be downloaded on a computer equipped with either Adobe® Acrobat® Reader (PDF) or VitalSource Bookshelf Reader.  This limited warranty will expire thirty (30) days after the date of retail purchase.</p>





<p>EXCEPT FOR THE FOREGOING LIMITED WARRANTY, YOUR LICENSE RIGHTS AND PRODUCT ARE PROVIDED "AS IS", ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  NEBRASKA BOOK DOES NOT WARRANT THAT THE DIGITAL TEXTBOOK WILL MEET YOUR REQUIREMENTS OR ALL REQUIREMENTS OF THE SOFTWARE OR HARDWARE WITH WHICH IT INTERACTS AND, IN PARTICULAR, NEBRASKA BOOK DOES NOT WARRANT THAT THE DIGITAL TEXTBOOK WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION.</p>



<p>UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL OR EQUITABLE THEORY, SHALL NEBRASKA BOOK OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, DISTRIBUTORS OR LICENSORS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE DIGITAL TEXTBOOK OR THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF CONTENT, ACCURACY OF CONTENT OR RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF NEBRASKA BOOK WAS ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  YOUR SOLE AND EXCLUSIVE REMEDY AND NEBRASKA BOOK'S ENTIRE LIABILITY WILL BE TO REPLACE THE LICENSED DIGITAL TEXTBOOK, OR REFUND THE PURCHASE PRICE THAT YOU PAID TO THE RETAILER FOR THIS LICENSE, AT NEBRASKA BOOK’S SOLE DISCRETION.  SOME JURISDICTIONS DO NOT ALLOW THESE EXCLUSIONS OR LIMITATIONS, SO THE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.  IN NO EVENT WILL NEBRASKA BOOK BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE PURCHASE PRICE THAT YOU PAID TO THE RETAILER.</p>



<p>To make a warranty claim, you must mail the following to Nebraska Book Company, Inc., Attn: Digital Textbook Manager, P.O. Box 80529, Lincoln, NE  68501-0529: (i) an explanation of your warranty claim and inability to download the Digital Textbook, and (ii) a copy of the sales receipt that shows the amount that you paid the retailer for this License.  Please allow 4-6 weeks for action on your claim.</p>



<p>9.  The Limited Warranty is void if failure has resulted from accident, abuse, misuse, misapplication, improper modifications or activities intended to circumvent the security processes incorporated in the Site and the Digital Textbook.  Nebraska Book will not be liable for damages resulting from any failure caused by events beyond its control, by any act of God, such as a power failure, or by any other cause not within the control of Nebraska Book.</p>



<p>10.  If you violate any of the terms or conditions of this License, this License terminates immediately without notice.  Nebraska Book may deny access to the Site to you and anyone claiming by or through you without liability to anyone.  Nebraska Book and its licensors shall have all additional rights and remedies at law and in equity arising from such violation.  Further, you agree to indemnify, defend and hold Nebraska Book, and its affiliates, suppliers, employees and agents harmless from all claims, actions, losses, liabilities, damages, costs and expenses (including attorneys fees) arising out of or relating to your violation of this License or any such prohibited use of the Site.  Any such termination will not entitle you to a refund of the price paid for this License.  If you violate or infringe upon the rights of any third party, they have all remedies at law and in equity to enforce their rights against you to the extent applicable arising from your actions. </p>



<p>11.  Nebraska Book is solely responsible for the performance of its obligations under this License and to facilitate the download of the Digital Textbook.  The retailer at which you purchased this License is a distributor on behalf of Nebraska Book, and the retailer has no duty or obligation to perform any of the obligations of Nebraska Book set forth in this License, and you agree to release any claim against the retailer.</p>



<p>12.  This License represents the entire agreement between you and Nebraska Book regarding Jumpbooks™, the Digital Textbook and use of the Site.</p>



<p>13.  Any delay or failure to act with respect to a breach of this License by you or others does not constitute a waiver and shall not limit such rights with respect to such breach or any subsequent breaches.  This License shall be governed by and construed in accordance with the laws of the State of Nebraska.  If any provision of this License is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remainder of this License, which shall be given full effect without regard to the invalid portions.</p>



<p>14.  You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for your use or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” or (d) sending unsolicited email, including promotions and/or advertising of products or services.  Violations of system or network security may result in civil or criminal liability.</p>



<p>15.  The Site may contain robot exclusion headers.  Much of the information on the Site is updated on a regular basis and is proprietary or is licensed to Nebraska Book by our suppliers and other third parties.  You agree not to use any device, technique, software, system or routine to interfere or attempt to interfere with, or to otherwise circumvent the proper working of this Site or any activity being conducted on this Site.  You agree, further, not to use or attempt to use any engine, device, technique, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, scrapers, avatars or intelligent agents) to navigate, access or search this Site, other than generally available third party web browsers such as Microsoft Internet Explorer™, Netscape Navigator™, and Mozilla Firefox™.  Additionally, you agree that you will not take any action that imposes or may impose (in the sole discretion of us or our suppliers affected by your action) an unreasonable or disproportionately large load on our infrastructure, or the bandwidth or infrastructure of the company that hosts this Site, or bypass the robot exclusion headers or other measures on this Site or on the host servers that may be used to prevent or restrict access.</p>





<p>Copyright (c) 2006 Nebraska Book Company, Inc.  All rights reserved.</p>