-------------------- AGREEMENT ----------------- YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE OFFERING TO BUY THESE ELECTRONIC BOOKS, COMMONLY KNOWN AS E-BOOKS. THIS SET OF E-BOOKS CONSISTS OF THE ELECTRONIC VERSION OF THE FOLLOWING BOOKS, ALL AUTHORED BY PROF. KEV NAIR: • The Complete Fluency Words. • Dictionary of Fluency Word Clusters. • Dictionary of Essential Fluency Phrases. • Dictionary of Active Fluency Combinations. • Core Fluency Thesaurus. • Comprehensive Adjectival Fluency Dictionary. • Narrative Fluency Dictionary. • Thesaurus of Phrasal Verbs. • Thesaurus of Descriptive English. • Thesaurus of Fluent English Adjectives. THE E-BOOK FORMAT SPECIFICATIONS ARE AS SPECIFIED ON THIS WEBPAGE (HTTP://WWW.FLUENCYBOOKZ.COM/EBOOKSPECS.ASP) THESE E-BOOKS ARE SOLD TO THE BUYERS FOR THEIR USE ONLY AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT BUY IT. OFFERING TO BUY IT INDICATES THAT YOU ACCEPT THESE TERMS. THESE E-BOOKS ARE PROVIDED "AS IS". THERE ARE NO WARRANTIES UNDER THIS AGREEMENT, AND THE SELLER DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. By selling the said electronic editions of these books authored by Prof. KEV NAIR (“Works” for short), the Seller grants to you the personal, limited, non-exclusive, non-transferable, non-assignable right solely to use in a single copy each of the Works on a single computer for use personally by you only, and solely provided that you adhere to all of the terms and conditions of this Agreement. The sale of the e-books does not constitute an assignment, sale or other transfer of any Intellectual Property Rights of the Author of the Books or any of the rights of the Publisher of the Books. By offering to buy the said Works, you agree — (i) that this Agreement is a legally binding and valid contract, you agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement; (ii) that you shall take all necessary steps to ensure that the terms and conditions of this Agreement are not violated by any person or entity under your control or in your service; (iii) that the said Works are sold to you for your personal use and that you shall not resell, copy, or redistribute them, or use them for any commercial purpose; (iv) that your payment is good only for a single copy each of the Works; (v) that the seller’s (that is, the Adult Faculties Council’s) watermarks and the buyer information embedded into the book/e-book are reasonable means to detect misappropriation of these books/e-books which are protected by copyright and trademark law and that the removal of such watermarks would amount to a copyright violation; (v) that the obligation of the seller (Adult Faculties Council) is limited to selling and delivering the e-books to you online by sending to you an email containing the URL of the web page from which you (the buyer) can download the Works within five days of the despatch of the email containing the URL, subject to the procedure mentioned under the heading “E-Book delivery procedure:” on this webpage (http://www.fluencybookz.com/ebookspecs.asp), that the seller (Adult Faculties Council) has no other obligations, that the seller (Adult Faculties Council), or anybody else on the seller’s behalf, does not provide any coaching or training — in class or by post or through any other mode, and that the money you pay represents only the price of the Work; (vi) that the e-books will be delivered only as downloadable files over the Internet (as stated above), and that they will not be sent to you as e-mail attachments or on CDs, DVDs, floppy disks, memory cards or any other physical media. (vii) that the money you pay or any part of it is not refundable on any account; (viii) that further correspondence will be limited to the despatch to you (the buyer) of an email containing the URL of the web page from which you (the buyer) can download the Works, and all this correspondence will be done only by e-mail. (So it is the responsibility of the buyer to make sure that they give their correct e-mail ID in their Order Form). (ix) that you need to comply with the system requirements specified on this webpage (http://www.fluencybookz.com/ebookspecs.asp); The Author, Seller and/or its affiliates or subsidiaries own certain rights that may exist from time to time in this or any other jurisdiction, whether foreign or domestic, under patent law, copyright law, publicity rights law, moral rights law, trade secret law, trademark law, unfair competition law or other similar protections, regardless of whether or not such rights or protections are registered or perfected (the "Intellectual Property Rights"), in the Work. ALL INTELLECTUAL PROPERTY RIGHTS IN, AND TO, THE WORK ARE, AND SHALL REMAIN, IN THE AUTHOR, AND ALL SUCH RIGHTS AS HAVE BEEN GRANTED BY THE AUTHOR TO THE SELLER ARE, AND SHALL REMAIN, IN THE SELLER. RESTRICTIONS: (a) You are expressly prohibited from copying, modifying, merging, selling, leasing, redistributing, assigning, or transferring in any manner, the Works or any portion thereof. (b) You are also expressly prohibited from reverse engineering, decompiling, translating, disassembling, deciphering, decrypting, or otherwise attempting to discover the source code of the Works. You may not otherwise modify, alter, adapt, port, or merge the Works. (c) You agree that the Works will not be shipped, transferred or exported into any other country, or used in any manner prohibited by any government agency or any export laws, restrictions or regulations. (d) You shall not publish or distribute (in any form of electronic or printed communication) the materials within or otherwise related to the Works, including but not limited to the text, the object code, documentation, help files, examples, and benchmarks. No part of these books shall be copied or reproduced or stored in a retrieval system or transmitted in any form or manner whatever, or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission, in writing, of the publisher, except in the case of brief quotations or as expressly permitted by law. All quotations from the Works shall credit the author Prof. KevNair and the publisher. Violation of these conditions shall invite civil and criminal proceedings, including proceedings under the Copyright Law. Copyright infringements will be prosecuted to the fullest extent of the law. (e) The contents of the books and terms & conditions (including the price of the books and other charges) are subject to change at any time without notice. (f) Any, and all, legal proceedings and disputes shall be subject to the jurisdiction of the courts at Ernakulam, Kerala, India. WARRANTIES AND DISCLAIMER: EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN SELLER AND YOU, THE WORK ARE NOW PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE SELLER MAKES NO WARRANTY AT ALL (i) THAT THE WORK WILL MEET YOUR REQUIREMENTS, AND/OR (ii) THAT THE USE OF THE WORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND/OR (iii) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WORK WILL BE ACCURATE OR RELIABLE, AND/OR (iv) THAT THE QUALITY OF THE WORK WILL MEET YOUR EXPECTATIONS, AND/OR (v) THAT ANY ERRORS IN THE WORK WILL BE CORRECTED, AND/OR (vi) THAT YOU MAY USE, PRACTICE, EXECUTE, OR ACCESS THE WORK WITHOUT VIOLATING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. IN NO EVENT SHALL THE SELLER OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT THE SELLER HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WORK. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR ANYTHING CONTAINED ANYWHERE. In the event any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefor. This Agreement sets forth the entire understanding and agreement between you and the Seller, supersedes all prior agreements, whether written or oral, with respect to the Work, and may be amended only in a writing signed by both parties. For more information about the Work, please visit www.fluencybookz.com