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Terms and conditions
Site Terms and Conditions
The owner and operator of this website is Penguin Australia Pty Ltd, trading as Angus & Robertson Online. The term “you, your” below refers to any customers, visitors and any other users of this website.
All Prices are in Australian Dollars.
Where a title is shipped from Australia its price (including any applicable delivery and order charge) is inclusive of Australian GST (Goods and Services Tax). Where a title is shipped from outside Australia its price (including any applicable delivery and order charge) is exclusive of Australian GST.
Please ensure the delivery address and receiver's name for your order is accurate and complete (including any business name if shipping to a work address) as we are unable to change any details once the order has been placed. We take no responsibility for any orders that go missing due to incorrect delivery information provided by you.
You must notify us within 6 weeks of dispatch date as recorded in your account if you have not received an item. After this time no refund will be issued for any missing orders.
The information contained in this website may contain technical inaccuracies, typographical or bibliographical errors. We expressly exclude all liabilities howsoever arising, including for inaccuracies or errors, to the fullest extent permitted by law.
Penguin Australia Pty Ltd either owns the content of this website or is permitted by the copyright owner to use the content on the website. Brand names, cover images, characters, book titles and other product information used in this website may be the trade mark or intellectual property of a registered holder. No permission is given in respect of use of any of the above, and such use may constitute an infringement of the holders' rights.
Except as permitted by the Copyright Act 1968 (Cth) (as amended) no part of this website may be reproduced, adapted, performed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the express written permission of Penguin Australia Pty Ltd.
Nothing contained in the website should be construed as granting any licence or right of use of any trade mark or part of any trade mark displayed on this website without the express written permission of Penguin Australia Pty Ltd or third party owner.
By purchasing from us you agree that you act as the importer of goods shipped from overseas and that all such goods are for private use only. You are responsible for any import or other taxes arising from the importation of these goods.
Offers and vouchers are only valid for redemption on this website. Angus & Robertson reserves the right to cancel or change a promotion at any time.
Angus & Robertson eBook service is an online service operated by Penguin Australia Pty Ltd in partnership with Kobo Inc.(Kobo) that allows users to browse, purchase and read literary works from content providers through multiple electronic interfaces including the angusrobertson.com.au website, mobile applications, web applications or "widgets" and other applications (Service).
(a) to immediately cancel or terminate your access to the Service (or any part thereof) and/or your user account, if any;
(b) In Penguin Australia Pty Ltd's sole discretion and without prior notice or liability, to discontinue, modify or alter any aspect of the Service including, but not limited to: (i) restricting the time the Service is available; (ii) restricting the amount of use permitted; and (iii) restricting or terminating any user's right to use the Service. You agree that any termination or cancellation of your access to, or use of, the Service may be effected without prior notice to you; and
(c) to immediately deactivate or delete your user account, if any, and (to the extent permitted by law) delete all related information and/or files in your user account and/or bar any further access to such information and/or files and/or the Service (or part thereof).
D. You further agree that Penguin Australia Pty Ltd shall not be liable to you or any third-party for terminating or cancelling your access to, or use of, the Service. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of or to the Service, or any policies or practices by Penguin Australia Pty Ltd in providing the Service, including without limitation any change in content, is to cease using the Service and cancel or terminate your subscription or Registered User account, as applicable.
The Service is open to the public but certain portions, components, content and features of the Service (including purchases or access to eBooks) are only available to individuals who register with Penguin Australia Pty Ltd and create a user account on the Service (each, a Registered User). If you are a Registered User then you agree to the following:
A. in consideration of your use of the Service, you represent that you are of the age of majority in the jurisdiction in which you reside, or 13 years old or older up to the age of majority in the jurisdiction in which you reside with the express written consent of your parent or legal guardian, and are not a person barred from receiving services under the laws of Australia or other applicable jurisdiction. You also agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the Service, including your geographical location and billing address (the Registration Data); and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Penguin Australia Pty Ltd has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof);
B. Registered Users will receive a password and account designation upon completing the Service registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to:
(a) immediately notify Penguin Australia Pty Ltd of any unauthorised use of your password or account or any other breach of security; and
(b) ensure that you properly log out of your account at the end of each session.
Restrictions on Use.
These terms apply to all users of the Service, whether or not you are a Registered User.
A. You shall use the Service for lawful purposes only. You shall not post or transmit through the Service any material that violates or infringes in any way upon the rights of others; or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; or which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law.
Without Penguin Australia Pty Ltd's express prior approval, you shall not post or transmit through the Service any material that contains advertising or any solicitation with respect to products or services. You shall not use the Service to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services. Any conduct by you that in Penguin Australia Pty Ltd's discretion restricts or inhibits any other user from using or enjoying the Service will not be permitted.
B. All content on the Service, including but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (Site Content), save and except for any literary works, are the proprietary property of Penguin Australia Pty Ltd or its licensors with all rights reserved.
(a) No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Penguin Australia Pty Ltd's prior written permission.
(c) You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited.
C. You must not upload, post or otherwise make available on the Service any material protected by copyright, trade mark or other proprietary right without the express permission of the owner of the copyright, trade mark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
By submitting material to any public area of the Service, you automatically grant, or warrant that the owner of such material has expressly granted, Penguin Australia Pty Ltd the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the Service to access, view, store or reproduce the material for that user's personal use. You grant Penguin Australia Pty Ltd the right to edit, copy, display, publish and distribute any material made available on the Service by you. The foregoing does not apply to literary works provided to Penguin Australia Pty Ltd for sale on the Service by a publisher or other content provider.
D. You may not obscure or misrepresent your geographical location, forge headers, use proxies, use IP spoofing or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Service. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
E. You are prohibited from violating or attempting to violate the security of the Service, including, without limitation:
(a) accessing data not intended for you, including logging into a server or account which you not authorised to access; or
(b) attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorisation;
(c) using any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Site Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Site Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website;
(d) taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Penguin Australia Pty Ltd's systems or networks, or any systems or networks connected to the Service or to Penguin Australia Pty Ltd;
(e) conducting a reverse look-up, tracing or seeking to trace any information on any other user, Registered User or visitor to the Service, or any other customer of Penguin Australia Pty Ltd, to its source, or exploiting the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service;
(f) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of "denial of service" attacks, overloading, "flooding", "mailbombing" or "crashing";
(g) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(h) disrupting network nodes or network services or otherwise restricting, inhibiting, disrupting or impeding Penguin Australia Pty Ltd's ability to monitor or make available the Service; or
(i) taking any action in order to obtain services to which you are not entitled.
Violations of system or network security may result in civil or criminal liability. Penguin Australia Pty Ltd will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user (whether or not a Registered User) who is involved in such violations.
Disclaimer of Warranty; Limitation of Liability.
A. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER Penguin Australia Pty Ltd, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEBSITE.
C. SUBJECT TO PARAGRAPH D BELOW, IN NO EVENT WILL Penguin Australia Pty Ltd, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE TO YOU, WHETHER IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY), FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF REVENUE, LOSS OF CUSTOMERS, LOSS OF CAPITAL, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS, THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES OR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE WEBSITE.
E. THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF THIS WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Penguin Australia Pty Ltd IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless Penguin Australia Pty Ltd and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the Service.
Third Party Content.
Penguin Australia Pty Ltd has no more editorial control over content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including content providers and users, are those of the respective author(s) or distributor(s) and not of Penguin Australia Pty Ltd. In many instances, the content available through the Service represents the opinions and judgments of the respective content provider or user. Penguin Australia Pty Ltd neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Service by anyone other than authorised Penguin Australia Pty Ltd employee spokespersons while acting in their official capacities.
All literary works at angusrobertson.com.au are the exclusive property of the publisher or its licensors and are protected by copyright and other intellectual property laws. The download of these literary works is intended for Registered Users' personal and non-commercial use only. Any other use of literary works downloaded from angusrobertson.com.au is strictly prohibited. Registered Users may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of these literary works, in whole or in part. By downloading literary works from angusrobertson.com.au, the Registered User hereby acknowledges and agrees to these terms.
Some of the literary works offered on the Service have been identified as being in the public domain by certain content providers. Penguin Australia Pty Ltd does not verify the accuracy of public domain designations and is not liable for any damage that may result from the downloading or other use of such literary works by you. If you do not reside in the relevant jurisdiction for which the public domain designation has been made, it is your responsibility to check the laws of your country of residence prior to downloading or accessing such literary works.
Terms and Conditions: Apple iPhone or iPod
Acknowledgement: You and Penguin Australia Pty Ltd acknowledge that the terms and conditions of use as outlined above and below are concluded between you and Penguin Australia Pty Ltd only, and not with Apple Inc. or its affiliates, parent company or subsidiary entities (collectively Apple), and Penguin Australia Pty Ltd, not Apple, is solely responsible for the Licensed Application and the content thereof.
Scope of License: Any product downloaded, purchased, viewed or any copy of any Submission or Literary Work (collectively a Product) transacted through the Service which is accessed by you on any iPhone or iPod is licensed, not sold, to you for use only under the terms of this license, unless a Product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to your prior acceptance of that separate license agreement. Penguin Australia Pty Ltdand its licensors (Application Provider) reserve all rights not expressly granted to you. The Product that is subject to this license is referred to in this license as the "Licensed Application."
a. Scope of License: This license granted to you for the Licensed Application by Application Provider is limited to a non-transferable license to use the Licensed Application on any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the Usage Rules). This license does not allow you to use the Licensed Application on any iPod touch or iPhone that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If you breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
b. Consent to Use of Data: You agree that Application Provider may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Licensed Application. Application Provider may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination. The license is effective until terminated by you or Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
d. Services; Third Party Materials. The Licensed Application may enable access to Application Provider's and third party services and web sites (collectively and individually, Services). Use of the Services may require Internet access and that you accept additional terms of service.
You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that the Application Provider shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (Third Party Materials) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to or from the iPhone or iPod touch are not available in all languages or in all countries. The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION (SERVICES) ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
h. The Licensed Application and related documentation are "Commercial Items", 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 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Maintenance and Support: You and Penguin Australia Pty Ltd acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
Warranty: You agree that In the event of any failure of the Licensed Application to conform to any applicable warranty, you agree to notify Penguin Australia Pty Ltd and not Apple of any such claim. In the event you notify Apple, Apple or Penguin Australia Pty Ltd may choose refund the purchase price for the Licensed Application to You; and that, to the maximum extent permitted by applicable law, neither Apple nor Penguin Australia Pty Ltd will have any other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of you and Penguin Australia Pty Ltd to resolve.
Product Claims: You and Penguin Australia Pty Ltd acknowledge Penguin Australia Pty Ltd, not Apple, are responsible for addressing any claims made by you or any third party relating to the Licensed Application or your possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights: You and Penguin Australia Pty Ltd acknowledge that, in the event of any third party claim that the Licensed Application or your possession and use of that Licensed Application infringes that third party's intellectual property rights, Penguin Australia Pty Ltd, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Questions, Comments, Complaints or Claims: Please direct all questions, complaints or claims with respect to the Licensed Application to [Note: Penguin Australia Pty Ltd to insert]. 8. Third Party Beneficiary: You and Penguin Australia Pty Ltd acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of the terms and conditions set out herein, and that, upon the your acceptance of these terms and conditions as prescribed above, Apple will have the right (and will be deemed to have accepted the right) to enforce the these terms and conditions against you as a third party beneficiary thereof.
Last Updated: 2 July 2013