Important: READ CAREFULLY BEFORE USING THIS WEBSITE.

By creating an account on the WinkingSkull.com 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 you the Authorized User, and the Licensor, which supersedes any proposed or prior agreement, oral or written, and any other communication between you and the Licensor relative to the subject matter of the License Agreement.

License Agreement

Agreement made by and between Thieme Medical Publishers, Inc. the (Licensor), 333 Seventh Avenue, New York, NY 10001, and the Authorized User.

1. Definitions

A. "Authorized User" means the person who legally acquires the right to access certain portions of the WinkingSkull.com website as stipulated in the documentation accompanying the specific product version (PLUS Level, PRO Level).

B. "WinkingSkull.com" and the abbreviation "WS.com" denote the WinkingSkull.com website, its images, software, server files and 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 WinkingSkull.com according to the Terms of Use.

3. Terms of Use

The content and structure of WinkingSkull.com is protected by International and US Copyright Law. All rights are reserved. The usage of its material is restricted to the Authorized User and is subject to the following Terms of Use and limitations.

3.1 The Authorized User may request and display images, tables, or other contents from the website for personal and classroom use only.

This right of usage for the content on WinkingSkull.com is limited to:

(a) the website for study and self-testing purposes by the Authorized User.

(b) display of images as part of a classroom presentation.

Any use that exceeds or differs from the terms listed above, especially the integration of WinkingSkull.com onto a local network, requires the express 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 WinkingSkull.com is restricted to the Authorized User and is subject to the following limitations.

4.1 The Authorized User may not post any of the images on a public website without the express written permission of the Licensor.

4.2 The Authorized User may not resell, as a collection of images, as individual images, or as part of a document or presentation, or exploit the images in any manner.

4.3 The Authorized User may not change, adapt, transform, dismantle, or translate the content on the website or create derived works on the basis of the provided content.

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 express 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 with the Terms of Use stated above.

4.5 The Authorized User may not enlarge the images for poster or trial exhibits without the express written permission of the Licensor.

4.6 The Authorized User will not translate, disassemble, or otherwise reduce the program code of WinkingSkull.com 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.

4.8 Pornographic, defamatory, libellous, 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 express written permission 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 WinkingSkull.com 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 WinkingSkull.com, 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 WinkingSkull.com is the exclusive property of the Licensor and that WinkingSkull.com is licensed to the Authorized User only for the term of this Agreement and strictly under the terms hereof. WinkingSkull.com 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 Authorized 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

The Authorized User recognizes that WinkingSkull.com is to be used only study purposes by individual users or 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.

WinkingSkull.com 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 WinkingSkull.com in terms of accuracy, reliability, currentness, or otherwise. The entire risk as to the results and performance of WinkingSkull.com 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 WinkingSkull.com 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