IMPORTANT -- READ CAREFULLY: By clicking on the "Accept" button or by installing, downloading, copying or otherwise using FlipAlbum« 6 Pro Evaluation, ("Software"), and all accompanying documentation ("Documentation") you, the user, agree to be and are hereby bound by the terms and conditions of this License Agreement ("Agreement"). If you do not agree to the terms and conditions stated in this Agreement, you must promptly stop using the Software and all accompanying Documentation.
1. GRANT OF LICENSE FOR 30 DAYS
E-Book Systems, Inc. hereby grants you, the user, a non-exclusive license to use the Software and Documentation for evaluation and non-commercial purposes without charge for a period of thirty (30) days. Any use of this Software and Documentation beyond the thirty (30)-day evaluation period requires that you, the user, register with E-Book Systems, Inc. by way of a purchase order which will correspondingly entitle the Software and Documentation to be upgraded to the full license copy of FlipAlbum« 6 Pro.
Use of this Software and Documentation is permitted only to the extent reasonably required in the thirty (30) days to determine whether to register and upgrade the Software and Documentation to the full license copy of FlipAlbum« 6 Pro. Unregistered use of this Software and Documentation after the thirty (30)-day evaluation period is in violation of U.S. and international copyright laws.
2. DISTRIBUTION
You are hereby granted permission to duplicate and distribute the Software and Documentation freely; give exact copies of the Software and Documentation to anyone; and distribute the Software and Documentation in its unmodified form via any electronic means.
You are expressly prohibited from charging, or requesting donations, for any such copies, however made; from distributing the Software and/or Documentation with other products or as a part of any package or publication or in support of any service, commercial or otherwise, without prior written permission and agreement from E-Book Systems, Inc. The Software and Documentation must not be distributed to support any profit-generating activity, even if the Software and Documentation are being distributed freely.
The Software and Documentation must be distributed together as a whole without any modifications. No files or contents may be added to or removed from the Software and Documentation in the course of distribution. No individual parts or components of the Software and/or Documentation may be distributed. You may not remove or modify the copyright and proprietary notices or labels from the Software or Documentation.
3. LIMITATIONS
You may not disassemble, modify, reverse-engineer, adapt, decompile, translate or create derivative works based upon the Software or the Documentation or any part thereof in any way whatsoever without the written consent of E-Book Systems, Inc.
Except as expressly permitted in this Agreement, you may not separate any parts of the Software or Documentation for use on more than one computer.
You may not lease, rent, assign, sell, resell or otherwise transfer any of the thirty (30)-day licensing rights in the Software or Documentation to any other person or parties whomsoever.
You may not use the Software or Documentation for any use prohibited by law.
The MPEG 2 encoding capability in this product is subject to a patent license between E-Book and MPEG LA, which requires that E-Book provides the following notice to its licensees.
MPEG-2 Packaged Media Notice: ANY USE OF THIS PRODUCT OTHER THAN CONSUMER PERSONAL USE IN ANY MANNER THAT COMPLIES WITH THE MPEG-2 STANDARD FOR ENCODING VIDEO INFORMATION FOR PACKAGED MEDIA IS EXPRESSLY PROHIBITED WITHOUT A LICENSE UNDER APPLICABLE PATENTS IN THE MPEG-2 PATENT PORTFOLIO, WHICH LICENSE IS AVAILABLE FROM MPEG LA, L.L.C., 250 STEELE STREET, SUITE 300, DENVER, COLORADO 80206.
4. COPYRIGHT
All title, ownership rights, and intellectual property rights in and to the Software and Documentation are owned by E-Book Systems, Inc. or its licensors. The Software and Documentation are protected by the copyright laws of the United States and international copyright treaties. All title, ownership rights and intellectual property rights in and to the content accessed through the Software including any sample content contained in the Software is the property of the applicable content owner and may be protected by applicable copyright or other laws. THIS LICENSE DOES NOT GIVE YOU, THE USER, ANY RIGHTS TO SUCH CONTENT AND E-BOOK SYSTEMS, INC. SHALL HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF ANY SUCH CONTENT.
5. DISCLAIMER OF WARRANTY
THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, E-BOOK SYSTEMS, INC. FURTHER DISCLAIMS ALL WARRANTIES WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION LIES WITH YOU, THE USER. IN NO EVENT SHALL E-BOOK SYSTEMS, INC. OR ITS LICENSORS OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF E-BOOK SYSTEMS, INC. OR ITS LICENSORS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
E-BOOK SYSTEMS, INC. DOES NOT WARRANT THAT YOUR REQUIREMENTS WILL BE MET WITH THE SOFTWARE FUNCTIONS OR THAT THE DOCUMENTATION AND SOFTWARE OPERATION WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT DEFECTS WILL BE CORRECTED. E-BOOK SYSTEMS, INC. SHALL ALWAYS RESERVE ITS RIGHTS AND DISCRETION TO CORRECT ANY DEFECTS IT SEES FIT AND TO MAKE AVAILABLE FURTHER RELEASES AND UPGRADES AS AND WHEN IT DEEMS NECESSARY.
6. GOVERNING LAW
This License Agreement shall be governed by the laws of the State of California, without regard to conflicts of law provisions, and you consent to the exclusive jurisdiction of the state and federal courts residing in the State of California. Any unresolved disputes arising under this Agreement shall be submitted for arbitration in the State of California.
7. PREVALENCE OF THIS AGREEMENT
This Agreement constitutes the complete agreement between you and E-Book Systems, Inc. with respect to the subject matter hereof and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations, understandings, communications or other dealings between you and E-Book Systems, Inc. If any part of this Agreement is found to be void, unenforceable or invalid, it shall not affect the other provisions of this Agreement.
8. MODIFICATION OF AGREEMENT
This Agreement may not be modified except in writing duly signed by an authorized person or persons of E-Book Systems, Inc. and you.
9. TERMINATION
Without prejudice to any other rights, E-Book Systems, Inc. reserves the right to terminate this Agreement if you, the user, fail to comply with the terms and conditions of this Agreement. In such event, you must promptly stop using the Software and all accompanying Documentation.
