Important: READ CAREFULLY BEFORE USING THIS WEBSITE.
By creating an account on the Thieme Teaching Assistant Anatomy site, you acknowledge that you have read this License Agreement, understand it, and agree to be bound by its terms and conditions. You further agree that it is a complete and exclusive statement of the agreement between the user and the Publisher, which supersedes any proposal or prior agreement, oral or written, and any other communication between you and the Publisher relative to the subject matter of the License Agreement.
License Agreement
Agreement made by and between Thieme Medical Publishers, Inc. (LICENSOR), 333 Seventh Avenue, New York, NY 10001, and Authorized User.
1. Definitions
A. "Authorized User" means the person who legally acquires the right to full access to the THIEME TEACHING ASSISTANT: ANATOMY website.B. "THIEME TEACHING ASSISTANT: ANATOMY" and the abbreviation "TTAA" denote the THIEME TEACHING ASSISTANT: ANATOMY website, its images, the software, server files and the accompanying material produced and distributed by the Licensor and its authorized distributors.
2. License Grant
The Licensor hereby grants to the Authorized User a license with a non-exclusive, non-assignable, and non-transferable right to access and use the TTAA according to the Terms of Use.
3. Terms of Use
The content and structure of the TTAA is protected by International and US Copyright Law. All rights reserved. The usage of its material is restricted to an Authorized User and is subject to the following Terms of Use and limitations.
3.1 The Authorized User may request, save, display, edit, export and print images, tables, or other contents from the website for personal and classroom use only.
This right of usage for the content from the TTAA is limited to:
(a) displaying images as part of a classroom presentation with software such as MS PowerPoint.
(b) printing handouts to supplement a presentation, test or other teaching materials, provided that the number of handouts does not exceed 200 copies per presentation.
(c) posting a presentation and its accompanying materials onto a password-protected Intranet.
3.2 The Authorized User must display the credit line attached to each image or include the following credit line each time an image appears:
Gilroy et al., Atlas of Anatomy. All rights reserved. © Thieme 2008," www.thieme.com
Any use that exceeds or differs from the terms listed above, especially the integration of the TTAA onto a local network, requires the expressed, written consent of the Licensor. To request permission to use the images in any way other than that provided above, please contact the Licensor at permissions@thieme.com or Thieme Publishers, 333 Seventh Avenue, New York, NY 10001, USA.
4. Limitations
The usage of the material from the TTAA is restricted to an Authorized User and is subject to the following limitations.
4.1 The Authorized User may not post any of the images onto a public website without the expressed, written permission of the Licensor.
4.2 The Authorized User will not resell, as a collection, as individuals or as part of a document or presentation, nor exploit the images in any manner.
4.3 The Authorized User will not change, adapt, transform, dismantle, or translate the content on the website or create derived works on the basis of the provided contents.
4.4 The Authorized User may not include the images, individually or as a part of a presentation or document, on a CD/DVD or any other electronic media, including, but not limited to, diskette, FTP, or email. The images shall not be sublicensed or made available for use or distribution as prints, negatives, positives, mats, engravings, animations, art for reproduction, any form of stock design, etc, without the expressed, written permission of the Licensor. No rights to the images will be granted, other than the right to use the images as part of the single work made by the Authorized User, in accordance to the Terms of Use stated above.
4.5 The Authorized User may not enlarge the images for poster or trial exhibits without the expressed, written permission of the Licensor.
4.6 The Authorized User will not translate, disassemble, or otherwise reduce the program code of the TTAA into any other perceptible form. The Authorized User will not modify, rent, lease, loan, distribute, or create derivative works based upon the website in whole or in part. The Authorized User shall take all necessary precautions to prevent any unauthorized use or dissemination of the website content. Rights assigned to the Authorized User in this agreement are not transferable. The Authorized User may not use the website in whole or in part for any commercial applications.
4.7 Images used in an electronic form, including multimedia applications and intranet sites, are for viewing purposes only. These must be prepared as embedded or inline graphics and cannot be downloadable or hosted for access via FTP or other online protocols.
4.8 Pornographic, defamatory, libelous, or otherwise unlawful use of the images is prohibited.
4.9 The Authorized User may not include any images or tables in any publication, such as a book, journal article, website, or any other commercial or non-commercial application not expressly granted herein without the expressed written consent of the Publisher.
The Licensor reserves the right to investigate cases of suspected unauthorized use or other contract violations and to take appropriate actions against, or prohibit the usage of this service by, infringers. The Licensor also reserves the right to make any claims for compensation or damages if the terms of this License Agreement are violated.
To request permissions to use the images on the TTAA in a matter not permitted by this Agreement, please write to permissions@thieme.com or Thieme Publishers, 333 Seventh Avenue, New York, NY 10001, USA.
5. Proprietary Rights
The Authorized User acknowledges and agrees that the TTAA, in whole or in part, and all other licensed products used, developed, or provided by the Licensor under or in connection with this Agreement are property of the Licensor and shall remain in the sole and exclusive possession of the Licensor. The Authorized User acknowledges and agrees that the TTAA is the exclusive property of the Licensor, and the TTAA are licensed to the Authorized User only for term of this Agreement and strictly under the terms hereof. The TTAA is a publication of the Licensor that is protected by copyright and contains copyrighted information. Except for the limited rights given to Authorized User herein, all rights to the software are reserved by the Licensor.
6. Termination
If the Authorized User should fail to perform in the manner required in this Agreement, the Licensor may terminate this Agreement or exercise any other rights it may have. Upon termination, the Authorized User must immediately cease using the website and login access to website will be immediately terminated for the applicable User. All aforementioned provisions with regard to the protection of the proprietary rights of the Licensor shall continue in force after such determination.
7. Disclaimer of Warranties and Limitation of Liability
Authorized User recognizes that the TTAA is to be used only for classroom-use as a teaching aid. It is not intended to be a substitute for the exercise of the professional teaching activities by the faculty members or of the judgment of the Authorized User.
THE TTAA IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Licensor does not warrant, guarantee, or make any representation regarding the use or the results of the use or operation of the TTAA in terms of accuracy, reliability, currentness, or otherwise. The entire risk as to the results and performance of the TTAA is assumed by the Authorized User.
IN NO EVENT SHALL THE LICENSOR, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE TTAA OR ITS CONTENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES RESULTING FROM THEIR USE, HOWEVER CAUSED, ARISING UNDER ANY THEORY OF LIABILITY.
8. Governing Law and Venue
This Agreement will be governed by and construed in accordance with the laws of the State of New York without regard to conflicts of law principles. You hereby submit to and agree that the sole jurisdiction and venue for any actions that may arise under or in relation to the subject matter hereof shall be the courts located in the State of New York. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
9. Revisions
Thieme Medical Publishers, Inc. reserves the right to modify or amend these Terms of Use and will post such modifications or amendments to the Thieme Teaching Assistant website.
Thieme Medical Publishers, Inc.
Licensor
