SUMMARY OF THE LICENSE AGREEMENT - TERMS OF USE
This document is a binding legal contract between Kiln Academy, LLC and any person who downloads or accesses the eBook titled "The Kiln Academy." By downloading the file, you automatically agree to these terms.
1. Scope of the License
- Personal Use Only: You are granted a limited, non-exclusive license to use the eBook for personal, non-commercial purposes.
- No Ownership: You do not own the eBook; Kiln Academy retains all intellectual property rights.
- Restrictions: You cannot redistribute, resell, lend, lease, sublicense, or share the eBook. You are also prohibited from modifying, translating, or reverse-engineering the content.
2. Prohibited Actions
- No Sharing: You cannot grant access to third parties or federal programs without written consent of the publisher. Non-Transferable: You cannot give the file to a friend or colleague.
- No Automation: Use of bots or scripts to download or distribute the book is forbidden. Using the contents of the book to train AI large language learning models is prohibited.
- Notices: You must not remove or alter any copyright or trademark notices within the file. No Derivatives: You cannot change the text or use parts of it to create your own book or course.
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Using the eBook for Business or TeachingThe license is strictly for personal, non-commercial purposes. You cannot use the eBook to teach a paid workshop, include it in a corporate training library, or charge people to view it.
- Need more? If you want to use it for a school or a business, Section 1.2 says you must get "express written consent" from Kiln Academy first.
3. Liability and Warranties
- "As Is" Basis: The eBook is provided without any warranties (no guarantee of merchantability or fitness for a specific purpose).
- Limited Liability: Kiln Academy is not liable for any damages resulting from your use or misuse of the book.
- Indemnification: You agree to defend and pay for legal claims against Kiln Academy if those claims arise from your breach of this agreement.
4. Termination
- At-Will Termination: Kiln Academy can terminate your license at any time, without cause and without notice.
- Consequences: If the license is terminated, you must immediately delete all copies of the eBook in your possession.
5. Legal Terms
- Governing Law: This agreement is governed by the laws of Texas.
- Disputes: Any legal action must take place in San Antonio, Bexar County, Texas.
- Jury Waiver: Both parties waive the right to a jury trial; all disputes will be settled by a judge.
EBOOK LICENSE AGREEMENT - EFFECTIVE DATE UPON INDIVIDUAL DOWNLOAD
This eBook License Agreement (“License Agreement”) is made and entered into as of the date Licensee downloads or accesses the eBook online (the “Effective Date”) by and between KILN ACADEMY, LLC, a Texas Limited Liability Company (“Kiln Academy”), and any individual or entity that downloads or accesses the eBook (“Licensee”). By clicking “Download,” accessing, or using the eBook, Licensee acknowledges and agrees to be bound by the terms of this License Agreement. If Licensee does not agree, Licensee must not download, access, or use the eBook.
WHEREAS, Licensor is the owner of certain intellectual property rights in and to the eBook titled “The Kiln Academy” (the “Book”);
WHEREAS, Licensee desires to obtain a limited license to download and use the Book for personal, non-commercial purposes;
WHEREAS, Licensor agrees to grant such license subject to the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual premises set forth herein, and for other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the parties hereto mutually agree as follows:
- License Grant and Non-Assignment. 1.1. Licensor grants to Licensee a non-exclusive, non-transferable, limited license to download and use the Book solely for personal, non-commercial purposes.
1.2. Non-Assignment. Licensee acknowledges and agrees that the rights granted to Licensee and obtained by Licensee as a result of or in connection with this Agreement are license rights only, and nothing contained in this Agreement constitutes or shall be construed to be an assignment of any or all of Licensor’s rights in the Book. Licensee shall have no right to sublicense any rights in the Book, or rights under this Agreement, and shall not grant access to, authorize use of, or permit exploitation of the Book by any third party (including any federal program or organization) without the express written consent of Kiln Academy.
2. Ownership, Identification, and Use.
2.1. The Book and all associated intellectual property rights remain the sole property of Licensor. Licensee acknowledges that no ownership rights are transferred under this Agreement. Licensee shall not redistribute, resell, lend, lease, sublicense, or share the Book in any form.
2.2. Licensee will not use the Book in a manner that will diminish or otherwise damage Kiln Academy’s interest in the Book as determined by Kiln Academy at its sole discretion. Licensee will not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Book. Licensee agrees to use the Book only in accordance with applicable laws and in a manner that does not infringe upon Licensor’s rights.
2.3. Licensee shall not remove, obscure, or alter any copyright, trademark, or other proprietary notices contained in the Book. Licensee shall not use automated scripts, bots, or other technological means to download, copy, or distribute the Book.
2.4. Licensor shall not be liable for any damages arising from use or misuse of the Book. Licensee agrees to follow any instructions provided by Kiln Academy regarding proper use, including any technical specifications or usage guidelines published on Kiln Academy’s website.
2.5. Licensee assumes full responsibility for proper use of the Book and agrees to follow any manufacturer or publisher instruction provided.
2.6. Licensee shall immediately notify Kiln Academy of any suspected violation of, or challenge to, Kiln Academy’s rights in the Book of which Licensee becomes aware. Kiln Academy shall have the sole right to, and in its sole discretion may, control any action concerning the Book.
3. Indemnification. Licensee will indemnify and defend Kiln Academy from and against any and all third party claims, damages, costs, and expenses (including reasonable attorneys’ fees) related to the Product or Licensee’s use of the Book in breach of this License Agreement, (“Licensee Indemnified Claim”), provided (i) Licensee is notified promptly in writing of any Licensee Indemnified Claim, (ii) Licensee has sole control over the defense of the Licensee Indemnified Claim, and (iii) Kiln Academy provides reasonable cooperation, in the defense of the same.
4. Disclaimer of Warranty and Limitation of Liability.
4.1. KILN ACADEMY PROVIDES THIS BOOK “AS IS” WITHOUT WARRANTIES OF ANY KIND, AND HEREBY DISCLAIMS ALL WARRANTIES THAT MIGHT OTHERWISE BE IMPLIED BY LAW, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 4.2. EXCEPT AS PART OF A THIRD PARTY DAMAGE CLAIM FOR WHICH LICENSEE IS OBLIGATED TO INDEMNIFY THE OTHER, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY DAMAGES ARISING OUT OF THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Term and Termination.
5.1. The term of this License Agreement shall commence on the Effective Date and continue indefinitely, unless Licensor terminates the License Agreement by written notice.
5.2. Licensor shall have the right to terminate this License Agreement without cause and without notice, the effect of which shall be immediate termination. Kiln Academy reserves the right to pursue all available legal and equitable remedies for breach of this License Agreement.
5.3. Upon termination of this License Agreement, Licensee will immediately cease all use of the Book and must immediately delete all copies of the Book.
6. Notices. All notices, requests, demands and other communications required or permitted to be given hereunder shall be in writing and shall be deemed to have been duly given when personally delivered, sent by registered or certified mail, return receipt requested, postage prepaid, or by private overnight mail service (e.g. Federal Express) to the party at the address set forth as follows:
If to Kiln Academy, to: KILN ACADEMY, LLC
Attention: Gail Stouffer
11714 Pepper Tree Street
San Antonio, Texas 78230
With Copy to: ROSENBLATT LAW FIRM, P.C.
Attention: James Rosenblatt
16731 Huebner Road
San Antonio, Texas 78248
or to such other address as either party may hereafter give notice of in accordance with the provisions hereof. Notices shall be deemed given on the sooner of the date actually received or the third business day after sending.
7. Miscellaneous.
7.1. Entire Agreement. This License Agreement, together with any other documents incorporated herein by reference and related exhibits and schedules, constitutes the sole and entire agreement of the parties to this License Agreement with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
7.2. Online Acceptance. Licensee acknowledges that acceptance via click-through or electronic terms constitutes a valid and binding agreement under applicable law.
7.3. Amendments. This License Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each party hereto, and any of the terms thereof may be waived, only by a written document signed by each party to this License Agreement or, in the case of waiver, by the party or parties waiving compliance.
7.4. Governing Language. This License Agreement is drafted in English, and in the event of any translation, the English version shall control.
7.5. Choice of Law/Venue. This License Agreement and all related documents including all exhibits attached hereto, and all matters arising out of or relating to this License Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Texas without giving effect to its choice of laws principles. Mandatory and exclusive venue for any dispute regarding this Agreement shall only be appropriate in San Antonio, Bexar County, Texas.
7.6. Survival. Sections 1.2, 2, 3, 4, and 7 shall survive termination of this License Agreement.
7.7. Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
7.8. WAIVER OF JURY TRIAL. THE LICENSEE AND KILN ACADEMY AGREE THAT ALL DISPUTES ARISING FROM OR RELATED TO THE AGREEMENT SHALL BE RESOLVED BEFORE A JUDGE, WITHOUT A JURY.
7.9. Counterparts. This License Agreement may be executed in multiple counterparts and by facsimile signature, each of which shall be deemed an original and all of which together shall constitute one instrument.
IN WITNESS WHEREOF, the parties hereto have executed this License Agreement as of the Effective Date first set forth above.
KILN ACADEMY, LLC
Gail Stouffer, Manager
LICENSEE
ANYONE DOWNLOADING DOCUMENTS FROM
KILNACADEMY.COM