Terms of Use for Booker Web Application (Consent) Booker Web Application ("BW App")

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TO USE THE BW APP, PLEASE READ CAREFULLY AND AGREE TO THIS TERMS OF USE. IF YOU DO NOT ACCEPT THIS TERMS OF USE, YOU MAY NOT USE THE BW APP. By accessing, browsing, or using any of the BW App, you are deemed to have agreed to be bound by this Terms of Use. In the following sections, a person who has agreed to be bound by the Terms of Use shall be referred to as "Users".

Terms of Use

  1. BW App

    1.1 This license is not a sale of the BW App and Users do not become the owner of the BW App through a purchase of any product, download and/or use. Any and all rights, including copyrights of the BW App, shall be reserved to Booker Software, Inc. (the "Company"). Reproduction, alteration or transmission (including actions that prepare material for transmission) of all or any part of the BW App without permission from the Copyright Owners will constitute an infringement of their copyrights, PROVIDED THAT Users are permitted to reproduce or print the BW App for their commercial, and informational use only.

    1.2 The Company may, at any time at its sole discretion, discontinue the BW App, or may change any of the contents or terms of the BW App, without any notice to Users.

  2. Content of BW App

    2.1 The content of the BW App may be changed at any time without notice to Users as the specifications for products and services are changed. Accordingly, Users are advised that the contents of the BW App may differ from those included with the purchased products or those included with the products on sale.

    2.1 Users are advised that additional printed materials ("Supplement Materials") may be included with products as supplements to the BW App, and that the Supplement Materials are not available under the BW App. Therefore, Users should refer to the Supplement Materials if they are not available under the BW App.

  3. Exclusion of Liability

    3.1 EXCEPT AS REQUIRED UNDER APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND WHICH IS OR WILL BE INCURRED BY USERS RESULTING FROM THE USE OF THE BW APP OR ANY INABILITY TO USE THE BW APP (INCLUDING DAMAGES RESULTING FROM DESTRUCTION OF DATA, SUSPENSION OF BUSINESS OPERATIONS, LOSS OF BUSINESS INFORMATION AND DEMDANDS FOR INDEMNIFICATION FOR DAMAGES FROM THIRD PARTY).

  4. General

    4.1 This Terms of Use is governed by and shall be construed in accordance with the laws of the State of New York without regard to its conflicts of laws principles. In the event a dispute arises under or in connection with this Terms of Use, you hereby consent to personal jurisdiction of New York and waive any objection that such forum is inconvenient. You further consent to service of process in any action arising from this Terms of Use by regular mail or other commercially reasonable means of receipted delivery. If any provision of the Agreement shall be determined invalid for any reason, the remaining provisions shall not be invalidated and shall remain in full force and effect.

    4.2 This Terms of Use sets forth the entire agreement and understanding between you and the Company, and supersedes and replaces any other agreements relating to the subject matter of this Terms of Use. The failure of any party to insist upon strict performance of any of the terms or provisions of this Terms of Use, or the exercise of any option, right or remedy contained herein, shall not be construed as a waiver of any future application of such term, provision, option, right or remedy, and such term, provision, option, right or remedy shall continue and remain in full force and effect. The headings of the sections of this Terms of Use are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of this Terms of Use. Except as otherwise expressly provided herein, the provisions of section 3 and section 4 together with any provisions that by their express terms apply to periods after termination of this Terms of Use, shall survive termination of this Terms of Use for any reason.

  5. Inquiries

    5.1 Users are advised that inquiries concerning the BW App may be restricted to persons actually purchasing products.

    5.2 If you have any inquiries concerning the BW App, please contact Booker