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The collection of programs and internet services as described as BookSite.com are copyrighted by BookSite and shall remain the sole property of BookSite. BookSite hereby grants Subscriber a limited, non-exclusive, non-transferable license to BookSite solely to use BookSite in the course of its business. Subscriber authorizes BookSite to automatically process payments with credit card or ACH debits in accordance with BookSite services and pricing specified on the BookSite.com website and otherwise hold BookSite harmless for all actions or omissions that may occur in the performance of BookSite services. Book data is owned by Ingram and licensed to BookSite. Book data shall remain the sole property of Ingram and shall not be permitted for copy, resale, or distribution by Subscriber other than is made available through BookSite services. Data owned by Subscriber or accumulated by BookSite for Subscriber, shall remain the sole property of Subscriber, including customer lists, orders, browse listings, and any other custom services authorized by Subscriber. BookSite shall not be permitted to copy, resell, distribute or otherwise use information except as necessary to perform BookSite services for Subscriber or as required by law. There are no warranties, expressed or implied, of the products or services furnished under this AGREEMENT. BookSite disclaims any implied warranty or merchantability or fitness for a particular purpose or software. BookSite disclaims any warranties related to data supplied from Ingram. BookSite shall take reasonable steps to maintain reliable BookSite services including: frequent and timely update of bibliographic, book cover graphics, and book annotations; prompt, reliable internet access to the data housed on the BookSite server; and adequate server capacity to perform BookSite services. Subscriber shall have the right to terminate this AGREEMENT at any time if Subscriber in its sole discretion is dissatisfied the maintenance of the BookSite services described. BookSite shall provide telephone support during normal business hours to document and resolve BookSite system errors. BookSite shall make a reasonable effort to resolve all errors in a timely fashion. The Internet involves the use of many services and technologies in addition to BookSite. BookSite shall attempt to cooperate with Subscriber for the effective use of these related services and shall make available contracted support services to the Subscriber. BookSite shall be under no obligation to provide technical support for any service not specifically provided by BookSite or errors not attributable to BookSite. Subscriber shall have the right to terminate this AGREEMENT at any time. This shall be the sole recourse to Subscriber. BookSite shall have the right to terminate this AGREEMENT upon failure of Subscriber to pay for services or otherwise with 90 day prior written notice to Subscriber. BookSite agrees to provide 60 day prior written notice by e-mail prior to any price increase. BookSite shall have the unrestricted right to modify, upgrade, or add services the BookSite.com system at any time. The relationship between Subscriber and BookSite is that of Service Provider and Licensee. This AGREEMENT shall in no way be construed to permit either party to act as agent or on behalf of the other, or to enter into a binding commitment for the other. This AGREEMENT shall cover any and all services that Subscriber authorizes in writing, by e-mail, or as authorized on the Subscriber's Interface Page. All correspondence shall be directed to the address of record of either party as specified on the Subscriber's Interface Page. Both parties hereby agree to abide by the terms of this AGREEMENT and certify that they are each authorized to represent the parties to this AGREEMENT.
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