Digital Content Agreement

PPI enables you to download, display, and/or use from time to time on your personal computer or other personal devices digitized electronic content (individually and collectively, "Digital Content"), as determined by PPI.

Definition of Digital Content. PPI defines Digital Content as any content delivered to you in digitized electronic format that is stored as allowed on your personal computer or other personal devices. All applicable copyrights and laws apply. E-Books of any type, electronic products and programs such as Exam Cafe, Video Lessons, PPI review course materials, instructor materials (course manuals, PowerPoint slides), learning management system products, and/or any other products delivered to you in digitized electronic format are considered Digital Content and are covered under this Agreement.

By downloading Digital Content from the PPI Website, you agree to and understand that this Digital Content is not to be used for commercial purposes and is protected by copyright.

Use of Digital Content. Upon your payment of the applicable fees set by PPI, PPI grants you the non-exclusive right to access the applicable Digital Content and to view, use, and display such Digital Content an unlimited number of times (hereinafter called "Service") as authorized by PPI and solely for your personal, non-commercial use.

Restrictions. Unless specifically indicated otherwise, you may not copy, record, capture, scan, print, repurpose, reuse, or otherwise output Digital Content or any portion of it in any format or media. You may not sell, rent, lease, distribute, broadcast, sublicense, or otherwise assign any rights to Digital Content or any portion of it to any third party, and you may not remove any proprietary notices or labels on the Digital Content. In addition, you may not, and you will not encourage, assist, or authorize any other person to, bypass, modify, defeat, or circumvent security features that protect Digital Content.

No Reverse Engineering, Decompilation, Disassembly, or Circumvention. Digital Content may be viewed, used, and displayed only through the mechanisms provided by PPI (individually and collectively, "Software"). You may not, and you will not encourage, assist, or authorize any other person to modify, reverse engineer, decompile, or disassemble the Software, whether in whole or in part, create any derivative works from or of the Digital Content or Software, or bypass, modify, defeat, tamper with, or circumvent any of the functions or protections of the Software or any mechanisms operatively linked to the Software, including, but not limited to, augmenting or substituting any digital rights management functionality of the Software.

Access Periods. The following applies with respect to Digital Content made available to you for a defined access period or on a subscription basis, including, but not limited to, E-book renewals, learning management system products, and other electronic files: (i) Access is non-transferrable; (ii) PPI has the right to terminate timed access that has been paused and is inactive for more than 180 days; (ii) PPI may terminate an access period or subscription at its discretion without notice, for example, if a product or version/edition of a product is no longer available.

Automatic Updates. In order to keep your Software up-to-date, PPI may automatically provide you with updates and/or upgrades to the Software.

Export Regulations. You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities, and not to transfer, or encourage, assist, or authorize the transfer of the Software to a prohibited country or other entity in violation of any such restrictions or regulations.

Government End Users. The Software is a "Commercial item" as that term is defined at 48 C.F.R. § 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. § 227.7202, as applicable. Consistent with these provisions, the Software is being licensed to U.S. Government end users (a) only as a Commercial item, and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions of this Agreement.

No Illegal Use and Reservation of Rights. You may not use PPI's Digital Content or Software for any illegal purpose. You acknowledge that the sale of Digital Content to you does not transfer to you title to or ownership of any intellectual property rights of PPI or its suppliers. All Digital Content and Software is licensed, not sold, not to be used for commercial purposes, and such license is non-exclusive.

Changes to Service. PPI reserves the right to modify, suspend, or discontinue the Service at any time, and PPI will not be liable to you should it exercise such right.

Termination. Your rights under this Agreement will automatically terminate without notice from PPI if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Software and PPI may immediately revoke your access to the Service Digital Content, and/or Software without notice to you and without refund of any fees. PPI's failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.

Disclaimer of Warranties. You expressly acknowledge and agree that use of the service, digital content, and software is at your sole risk. Digital content and software are provided "as is" with all faults and without warranty of any kind, and PPI and its suppliers and licensors disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third-party rights. No oral or written information or advice given by PPI or an authorized representative of PPI shall create a warranty. The laws of certain jurisdictions do not allow the disclaimer of implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.

Limitation of Liability. To the extent not prohibited by law, neither PPI or its suppliers or licensors shall be liable to you for any incidental or consequential damages for breach of any express or implied warranty, breach of contract, negligence, strict liability, or any other legal theory related to the service, digital content, or software, including, but not limited to, any damages arising out of loss of profits, revenue, data, or use of the software or any associated product, even if PPI has been advised of the possibility of such damages. In any case, PPI's aggregate liability under this agreement shall be limited to the amount actually paid for the service and/or digital content. The laws of certain jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you may have additional rights.

California Law Applies. The laws of the state of California, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and PPI.

Disputes. Any dispute arising out of or relating in anyway to this agreement shall be submitted to confidential arbitration in Belmont, California, except that, to the extent you have in any manner violated or threatened to violate PPI's intellectual property rights, PPI may seek injunctive or other appropriate relief in any state or federal court in the state of California and you consent to exclusive jurisdiction and venue in such courts. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.

Severability. If any term or condition of this Agreement shall be deemed invalid, void, or for any reason unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

Amendment. PPI reserves the right to amend any of the terms of this Agreement at its sole discretion by posting the revised terms on the PPI website. Your continued use of the Service, Digital Content, and/or Software after the effective date of any such amendment shall be deemed your agreement to be bound by such amendment.

Contact Information. For communications concerning this Agreement, you may contact PPI by writing Professional Publications, 1250 Fifth Avenue, Belmont, CA 94002; attention Legal Department.