PLEASE READ THE TERMS OF THIS ONLINE END-USER SOFTWARE LICENSE AGREEMENT CAREFULLY.
THE HARPER’S STANDARDIZED STUDY BIBLE APP SOFTWARE (THE “SOFTWARE”), THE CONTENT ACCESSIBLE THROUGH THE USE OF THE SOFTWARE (THE “CONTENT”) AND THE SOFTWARE USER GUIDE AND OTHER RELATED DOCUMENTATION (THE “DOCUMENTATION”) DEVELOPED BY THE ELIJAH PROJECT (“THE ELIJAH PROJECT”) AND ITS LICENSORS IS LICENSED TO YOU ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW.
IF YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE CLICK ON THE BOX ON THIS PAGE LABELED “I ACCEPT,” AT WHICH TIME THE SOFTWARE WILL BE DOWNLOADED TO YOUR COMPUTER.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE CLICK ON THE BOX ON THIS PAGE LABELED “CANCEL,” WHICH WILL CAUSE THE SOFTWARE TO NOT BE INSTALLED TO YOUR COMPUTER.
Based on the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you and The Elijah Project agree as follows:
1. NATURE OF AGREEMENT. This Agreement is a legal contract made between you and The Elijah Project. This Agreement contains the terms and conditions that you must comply with if you wish to access and use the Software, the Content, and the Documentation.
2. LICENSE GRANT. The Elijah Project hereby grants to you a nonexclusive, nonassignable, nonsublicensable license, for your noncommercial and personal use only, for the term of this Agreement, to use the Software, the Content, and the Documentation subject to the terms and conditions of this Agreement. The Software may contain or have access to locked Content and features in which event the license granted in this Agreement extends only to the unlocked Content and features. The Elijah Project may at any time at its sole discretion change the terms and conditions of this Agreement by posting a new version on its website (https://www.the-elijah-project.com) without notice to you. Use of the Software, the Content, or the Documentation after any such change constitutes your acceptance of such change.
3. OWNERSHIP OF SOFTWARE. The Elijah Project and its licensors retain all rights to the Software, the Content, and the Documentation not specifically granted in this Agreement. Other than certain features of the Software and certain Content that may be licensed by The Elijah Project, The Elijah Project owns the Software, the Content, and the Documentation and all copyright and other intellectual property rights therein, and this Agreement does not transfer to you any title to or any proprietary or intellectual property rights in or to the Software, the Content, or the Documentation, or any updates or derivative works thereto, or any copyrights, patent rights, or trademarks embodied or used in connection therewith, except for the rights expressly granted in this Agreement. The Software, the Content, and the Documentation are protected by United States laws and international treaty provisions.
YOU MAY NOT USE, COPY, OR MODIFY THE SOFTWARE, THE CONTENT, OR THE DOCUMENATION IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
4. RESTRICTIONS. To the maximum extent permitted by law, you shall not (a) modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software; (b) rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer the Software, the Content, or the Documentation to any third party; (c) make any copy of or otherwise reproduce the Software (or any of the browser screens comprising the Software user interface), the Content, or the Documentation except for those copies necessarily made by the personal computer that is running the Software; or (d) provide your username and password necessary for the Software to access The Elijah Project website to any other person. You consent to The Elijah Project monitoring access to The Elijah Project website made with the use of your username and password including identification of the IP address of the computer accessing the website for, among other purposes, preventing the use of your username and password by multiple persons.
5. TERM AND TERMINATION. The license granted in this Agreement is effective until terminated. The term of this Agreement and the license grant herein shall commence on the date you agree to this Agreement and download the Software. You may terminate the license and this Agreement at any time by deleting the Software from all electronic media and all electronic copies of any documentation that you have downloaded, printed, or created relating to the Software. The license and this Agreement shall automatically terminate on your failure to comply with any of the terms and conditions of this Agreement. On termination of this Agreement, you agree to promptly delete the Software from all electronic media and all physical and electronic copies of the Content or the Documentation, or any other documentation that you have downloaded, printed, or created relating to the Software, and to ensure that no copies of any of the Software screens, data, or other content remain archived or otherwise stored on your personal computer. Notwithstanding termination, the provisions of this Agreement other than the license grant shall survive and continue to apply.
6. SUPPORT, ACCESS AND MODIFICATION. The Elijah Project does not undertake any obligation to provide support for the Software or to provide access by the Software to The Elijah Project website, and any such support or access provided may at any time at its sole disrection be modified or terminated. The Software does not require access to The Elijah Project website to function; however, certain Content and features may only be accessible through website access. The Elijah Project may at any time at its sole discretion modify the Software, the Content, and the Documentation including supplementing or removing certain Content and features, and require that you download the most recent modifications prior to accessing The Elijah Project website.
7. THIRD PARTY CONTENT. The Harper’s Standardized Study Bible is licensed to The Elijah Project by Larry Dee Harper, the copyright owner. The Elijah Project may from time to time license additional Content and certain features of the Software from third parties solely for use with the Software in accordance with the terms and conditions of this Agreement.
8. LIMITATION OF LIABILITY. You are not entitled to receive damages from The Elijah Project for any cause relating to this Agreement or to your use of the Software, the Content, or the Documentation. In addition, in no event shall you be entitled to obtain any injunctive relief or otherwise enjoin, restrain, or otherwise interfere with The Elijah Project or with the distribution, operation, development, or performance of the Software, the Content, or the Documentation.
IN NO EVENT SHALL THE ELIJAH PROJECT BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SOFTWARE, THE CONTENT, OR THE DOCUMENTATION. IN NO EVENT SHALL THE ELIJAH PROJECT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, AND EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. AS SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. LIMITED RECTIFICATION OBLIGATION AND DISCLAIMER. Except for the third party Software features described in Section 7, above, for which The Elijah Project disclaims all warranties and undertakes no rectification obligation, if notified by you of anysubstantial nonconformance of the Software with the Documentation within 60 days of the date of that you first downloaded the Software, The Elijah Project, at its election, will within 90 days of such notice either rectify such substantial nonconformance, or subject to you deleting the Software from all electronic media and all physical and electronic copies of the Content or the Documentation, or any other documentation that you have downloaded, printed, or created relating to the Software, refund the licensing fee paid by you to the Elijah Project as your sole and complete remedy. The Elijah Project disclaims all warranties and undertakes no rectification obligation with respect to any modification of the Software following you downloading the Software for the first time; provided, however, that when notified by you of any substantial nonconformance of the Software as modified with the Documentation in effect on the date of the download of such modification, The Elijah Project will make available to you for download the Software immediately prior to such modification as your sole and complete remedy.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ELIJAH PROJECT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES ALLEGED TO HAVE ARISEN FROM CUSTOM, USAGE, OR THE COURSE OF DEALING BETWEEN THE PARTIES. THE ELIJAH PROJECT SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT YOU WILL BE ABLE TO ACCESS THE ELIJAH PROJECT WEBSITE WITH THE SOFTWARE AT ALL TIMES.
10. GOVERNING LAW. This Agreement shall in all respects be governed by and be construed in accordance with the laws of the State of Texas, without regard to its conflict of laws provisions.
11. FORCE MAJEURE. If the performance of The Elijah Project under this Agreement is prevented, hindered, or otherwise made impractical by reason of flood, strike, war, acts of government, or any other casualty or cause beyond the control of The Elijah Project, then The Elijah Project shall be excused from its performance to the extent and so long as it is prevented, hindered, or delayed by such event(s).
12. SEVERABILITY. If any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, then to the maximum extent permitted by law, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement.
13. NO ASSIGNMENT. You may not assign this Agreement or any of the rights granted by The Elijah Project hereunder, in whole or in part, without the prior written consent of The Elijah Project, and any attempt to do so shall be void. This Agreement is binding on and shall inure to the benefit of the parties and their respective successors and permitted assigns.
14. EXPORT CONTROL. You agree to obey and comply with any and all applicable United States laws, rules, and regulations governing the export of software.
15. NOTICE. Any notice, demand or request required or permitted to be given or made under this Agreement will be in writing and will be deemed given or made, as to you, when sent by email to the email address provided by you when downloading the Software, and as to The Elijah Project, when sent by email to email@example.com, with a copy sent by United States registered or certified mail, to The Elijah Project,P.O. Box 870153, Mesquite, Texas 75187. Either party may change its address for purposes of notice by providing the other party notice thereof as provided above.
16. EXCLUSIVITY. This Agreement embodies the complete and exclusive understanding between you and The Elijah Project concerning the subject matter of this Agreement, and supercedes any prior agreement, understanding, or other communication, whether oral or written, between you and The Elijah Project concerning the subject matter of this Agreement.