AGREEMENT
The materials provided by EPCOR, Inc. (“EPCOR”) under this Electronic Resources License are licensed, not sold, to You as an EPCOR Member (“You”). EPCOR’s electronic on-demand training library and publications that are the subject of the license are referred to as “Licensed Materials.” All intellectual property rights in Licensed Materials are owned by EPCOR. You do not acquire any rights in Licensed Materials other than the license expressly granted by EPCOR and EPCOR reserves all rights not expressly granted to You.
Upon Your completion of the application and payment of a license fee, EPCOR grants You a limited, non-exclusive, revocable, non-sublicensable, and non-transferable license to access and use Licensed Materials in the United States beginning on the date the initial license fee is paid, and which will renew automatically on an annual basis, billable with Your annual EPCOR membership dues, unless this agreement is terminated in writing to: EPCOR, 2345 Grand Blvd, Suite 1700, Kansas City, MO 64108 or via email to: membership@epcor.org. Under the license, Your employees may access and use Licensed Materials provided that each individual employee accessing or using Licensed Materials from EPCOR’s online store creates an account on www.epcor.org. You may download Licensed Materials from EPCOR’s online store to Your secure intranet, if available, for Your access and use under the license.
Although You and Your employees may access and use Licensed Materials for Your benefit, no other access to, use of, downloading of, or copying of Licensed Materials is permitted. The license does not grant You any right to distribute, sell, make available, disclose, or otherwise transfer Licensed Materials to any third-party. Further, the license does not grant You any right to amend, modify, supplement, or otherwise change any Licensed Materials, such as creating any derivative works from Licensed Materials.
Following any breach, EPCOR may revoke the license at any time. Unless the license is renewed on terms agreeable to You and EPCOR, You cannot access or use Licensed Materials after the license expires or is revoked. If the license is not renewed after either expiration or revocation, You agree that you will promptly destroy, and should EPCOR request it also certify to the destruction of, all Licensed Materials in Your possession. If Your EPCOR membership is terminated for any reason access to the Licensed Material will be automatically revoked.
You agree that EPCOR may independently act to remedy any breach, including, for example, revoking, restricting, or otherwise censuring Your membership rights and privileges. And, You also agree that any breach would cause EPCOR irreparable damage, that money damages would be inadequate, and that EPCOR would be entitled to immediate injunctive relief to protect its rights (in addition to legal remedies).
You agree that Your access and use of Licensed Materials is at Your sole risk, and that EPCOR both makes no warranties of any kind, expressed or implied, and disclaims all express, implied, and statutory warranties and conditions. You also agree that EPCOR will not be liable for any indirect, special, incidental or consequential damages and, further, that EPCOR’s total liability shall be limited to the license fee paid by You.