E-BOOK SYSTEMS, INC.
FLIPVIEWER(R) LITE END USER SOFTWARE LICENSE AGREEMENT
BY CLICKING ON THE "YES" BUTTON, INSTALLING THE SOFTWARE OR OPENING THIS PACKAGE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT INSTALL THE SOFTWARE, OR CLICK THE "NO" BUTTON, OR, IF APPLICABLE, DO NOT OPEN THIS PACKAGE AND PROMPTLY RETURN THIS PRODUCT TO E-BOOK SYSTEMS, INC.
THIS FLIPVIEWER(R) LITE END USER SOFTWARE LICENSE AGREEMENT (the "License") is made between you, the end user, and E-Book Systems, Inc., a California corporation ("E-Book").
1. Grant of License. E-Book grants to you a non-exclusive, non-transferable license with respect to the FlipViewer(R) Lite software accompanying this License and any upgrades or updates to such software licensed to you by E-Book (the "Software") to: (i) install and use the Software on a standalone computer; (ii) install the Software on a file server for use on a network; and (iii) reproduce and distribute an unlimited number of copies of the Software, for non-commercial purposes only, so long as each copy distributed contains this License and the same copyright notices and other proprietary notices pertaining to the Software that appear in the Software. "Non-commercial" means that the Software is distributed free of direct or indirect charges and is not otherwise commercially exploited. You may make copies of the Software for backup purposes. You may not use the Software for any use prohibited by law.
2. Intellectual Property Protection. The Software, including its operation, code, architecture and implementation, as well as the look and feel of the Software, are the valuable intellectual property of E-Book. The Software is protected by United States patents and copyright laws and international treaty provisions. This License does not give you any intellectual property rights in the Software. Title and related rights in the content accessed through the Software is the property of the applicable content owner and is protected by applicable law. This License gives you no rights to such content. You agree not to modify, translate, disassemble, decompile, reverse engineer, create derivative works of, or make any other attempt by any means to discover or obtain the source code for the Software.
3. NO WARRANTIES. THE SOFTWARE IS PROVIDED FREE OF CHARGE AND, THEREFORE, ON AN "AS IS" BASIS, WITHOUT EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE SOFTWARE IS BORNE BY YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU, AND NOT E-BOOK OR ITS RESELLERS ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR AS WELL AS ANY DAMAGES, INCLUDING LOSS OF DATA, WHICH OCCUR AS A RESULT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. NO E-BOOK AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.
4. No Support. E-Book shall have no obligation under this License to provide support or other services relating to the Software.
5. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL E-BOOK OR ITS RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF E-BOOK SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL E-BOOK'S TOTAL LIABILITY, WHETHER IN TORT, CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATING TO THIS LICENSE OR THE SOFTWARE EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE (IF ANY), OR US$100, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. E-BOOK IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY YOU OR A THIRD PARTY THAT IS ACCESSED THROUGH THE SOFTWARE AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.
6. Termination. Without limiting any rights of E-Book, your license to use the Software is terminated if you violate this License. Upon termination, you must destroy all copies of the Software and related documentation.
7. U.S. Government End Users. The Software and any accompanying documentation are "commercial items" as that term is defined in 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, all U.S. Government end users acquire the Software only as "commercial items" and with only those rights as are granted to other end users pursuant to the terms and conditions herein.
8. General Provisions. This License is the exclusive agreement between you and E-Book concerning the Software and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations or other dealings between you and E-Book. This License will be governed by the laws of the State of California applicable to contracts executed and performed entirely in California by residents of that state. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. If any part of this License is found to be void, unenforceable or invalid, it shall not affect the other provisions of this License. This License can only be modified by a writing signed by both parties. Failure by either party to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision.
For questions regarding the Software or this License, contact E-Book via www.ebooksys.com