Selected works in the Augsburg Fortress catalog are offered for sale as digital files to download and print ("the Downloadable Product").
The following terms and conditions apply to the Augsburg Fortress Downloadable Products, and supplement the Augsburg Fortress Web site terms and conditions that are posted on the Augsburg Fortress Web site at a link from the Web site copyright notice. By using Augsburg Fortress Downloadable Products, you agree to follow and be bound by the following terms and conditions.
1. SALES CONDITIONS: Unless otherwise noted, all terms and conditions applicable to the purchase of an inventoried product from Augsburg Fortress are also applicable to the purchase of a Downloadable Product.
Your credit card will be charged when you complete the order process, not when you download the file.
You may download the file from the Download Center following purchase. The file will remain in the Download Center for 30 days at which point it will be deleted.
2. AUTHORIZED USES: Upon acceptance of these terms and conditions, and completion of your payment transaction the purchase of a Downloadable Product, Augsburg Fortress (the Publisher), the publishing house of the Evangelical Lutheran Church in America, as owner and/or administrator of certain rights to the Downloadable Product, grants you the non-exclusive right to:
- download and archive an electronic copy of the Downloadable Product file, and
- print the contents for your own use. If you purchased more than one copy of a Downloadable Product, you may print or photocopy additional copies up to, but not exceeding the total number of copies purchased. The number of copies purchased is printed at the bottom of each page of the downloaded document.
The rights granted above are granted to the purchaser and are not transferable to any individual, congregation or other organization without permission.
This grant of rights is in effect from the purchase date and remains in effect for unless and until terminated by Augsburg Fortress, which may terminate the grant at its sole discretion if the purchaser:
- does not use the specified source acknowledgments and copyright notices (see 4. Copyright Credit Lines, below);
- assigns the license to any individual, congregation or organization without permission;
- does not otherwise comply with the terms of the purchase.
3. USES NOT AUTHORIZED: This license authorizes only the uses described above. All other uses are retained by the publisher and are subject to separate permission. Examples of such prohibited uses include:
- recordings of the Licensed Material;
- adaptations of original texts from the Licensed Material;
- preparation of new musical arrangements of copyrighted music in the Licensed Material, including arrangements for voice, organ, handbells or other instruments;
- any sale or rental of Licensed Material for any form of remuneration or consideration, including sales or rentals made at reimbursement cost only;
- reproduction of the material in songbooks, hymnals or other collections prepared if the total number of copies produced exceeds the number of copies of the Downloadable Product purchased from Augsburg Fortress (see 2b above);
- any other use not specifically authorized by this license.
4. COPYRIGHT CREDIT LINES: All copies of the Downloadable Product must carry all source acknowledgments and copyright notice(s) found on the downloadable file.
5. DISCLAIMER: THE DOWNLOADABLE PRODUCT IS PROVIDED BY AUGSBURG FORTRESS ON AN "AS IS" BASIS. AUGSBURG FORTRESS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE DOWNLOADABLE PRODUCT, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS DOWNLOADABLE PRODUCT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AUGSBURG FORTRESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AUGSBURG FORTRESS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE DOWNLOADABLE PRODUCT, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES.
6. APPLICABLE LAW: The Downloadable Product is created and controlled by Augsburg Fortress in the State of Minnesota, USA. The laws of the State of Minnesota govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws.
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