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Transcript License Agreement Please read this Transcript License Agreement ("License") carefully before using any transcript (“Transcript”) downloaded from www.crossexam.com (the “Site”). By downloading a Transcript from the Site, you are agreeing to be bound by the terms of this License. If you do not agree to the terms of this License, do not download the Transcript and (if applicable) delete any and all Crossexam licensed Transcripts from your computer and all other locations where any licensed Transcripts have been placed. 1. License. Any Transcript that you download from the Site, whether on disk, in read only memory, on any other media or in any other form is subject to a non-exclusive license from Crossexam, LLC ("Crossexam") which allows you to use the Transcript only upon the terms set forth in this License. This means that, although you may own the media on which the Transcript is recorded, Crossexam and/or Crossexam's licensor(s) (referred to for purposes of this License as "Crossexam") retain all copyrights, intellectual property rights and other rights with respect to the Transcript. 2. Permitted Uses and Restrictions. This License allows you to install and use the Transcript on a single computer. This License does not allow the Transcript to exist on more than one computer at one time. You may make one copy of the Transcript (excluding the boot ROM code) in machine-readable form for backup purposes only. You may not rent, lease, loan, sublicense, distribute or create derivative works based upon a Transcript in whole or part, or transmit a Transcript over a network or from one computer to another. No transcript may be made part of, or incorporated into, or attached to, any publicly recorded document (such as a court filing, for example). Your rights under this License will terminate automatically without notice from Crossexam if you fail to comply with any term(s) of this License. 3. Disclaimer of Warranty on Transcript. You expressly acknowledge and agree that use of any Transcript is at your sole risk. A Transcript is provided "as is," and without warranty of any kind. Crossexam expressly disclaims all warranties and/or conditions, express or implied, including, but not limited to, the implied warranties and/or conditions of merchantability or satisfactory quality and fitness for a particular purpose, and warranties related to non-infringement of third party rights. Crossexam does not warrant that the content contained in any Transcript will necessarily meet your requirements. No oral or written information or advice given by Crossexam or any authorized Crossexam representative shall create a warranty or in any way increase the scope of this warranty. 4. Limitation of Liability. Under no circumstances, including negligence, shall Crossexam be liable for any incidental, special, indirect or consequential damages arising out of or relating to this License or any Transcript. Some jurisdictions do not allow the limitation of incidental or consequential damages, so this limitation may not apply to you. In no event shall Crossexam's total liability to you for all damages of any kind exceed fifty dollars ($50.00). 5. Controlling Law and Severability. This License shall be governed by the laws of the United States of America and the State of Ohio. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. 6. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the transcript and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Crossexam.
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