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CDROM Terms and Conditions of Use
1. License Grant. Fairchild Publications, Inc. (“Fairchild”) hereby grants to you and you
accept a limited, nonexclusive license to view and download the data, and use the software
on the enclosed CDROM (Foundations of Interior Design) on a oneatatime, serial use
basis, solely for your own personal or internal business use. You agree not to make copies of
Foundations of Interior Design or to use Foundations of Interior Design on an electronic
network, including without limitation the Internet and the World Wide Web. If you wish to have
concurrent use of Foundations of Interior Design you must request a multiuser license from
Fairchild. You agree that you will not transfer or sublicense or resell all or any part of
Foundations of Interior Design. You agree that you will not provide access to Foundations of
Interior Design or the software or information contained in Foundations of Interior Design to
any other person or entity, in any way, including but not limited to media, passwords or
access codes (other than other users authorized by the institution, where the user is an
institution.) You agree that you will not remove or alter the copyright notices or other means of
identification or disclaimers as they appear in Foundations of Interior Design.
2. Term. This agreement commences on the day you accept the CDROM as set forth
above. In the event you breach any provision of this agreement, this agreement will
automatically terminate in the event you do not cure such breach within three (3) days after
such breach.
5. Limitation of Liability. FAIRCHILD DISCLAIMS ANY AND ALL LIABILITY TO ANY
PARTY FOR THE ACCURACY OR CORRECTNESS OF THE INFORMATION IN THE
FOUNDATIONS OF INTERIOR DESIGN CDROM, ANY LOSS OR DAMAGE CAUSED BY
FAIRCHILD OR BY ERRORS OR OMISSIONS IN FOUNDATIONS OF INTERIOR DESIGN
CDROM. ADDITIONALLY, UPON ENTERING MATERIALS ON THE CDROM, YOU ARE
RESPONSIBLE FOR THE CONTENT OF THAT MATERIAL. FAIRCHILD HAS NO
RESPONSIBILITY FOR THE CONTENT OF ANY MESSAGES OR INFORMATION
POSTED BY USERS. IN NO EVENT SHALL FAIRCHILD BE LIABLE FOR YOUR LOST
PROFIT OR SALES, BUSINESS INTERRUPTION OR LOSS OF DATA OR ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.
NOTWITHSTANDING THE ABOVE, IN NO EVENT SHALL FAIRCHILD’S TOTAL
LIABILITY TO YOU OR ANY OTHER PARTY, UNDER ANY REMEDY OR THEORY OF
LAW, EXCEED THE TOTAL AMOUNT PAID TO FAIRCHILD BY YOU FOR THE USE OF
THE CDROM.
6. Miscellaneous. You agree not to assign this agreement to any person or entity without the
prior written consent of Fairchild. This agreement sets forth the entire understanding of the
parties, supersedes any prior agreements with respect to the subject matter hereof, and no
representations, undertakings or agreements not contained herein shall be binding on either
party. This agreement will be governed by New York law without effect to any principles of
conflicts of laws, and any action based on or alleging a breach of this agreement must be
brought in the state or federal courts in New York.
©2006 Fairchild Publications, Inc.
New York