Ebmbook Software License Agreement

 

PLEASE READ THIS AGREEMENT CAREFULLY. BY COPYING, INSTALLING, OR USING ALL OR ANY PORTION OF THIS SOFTWARE, YOU (HEREINAFTER “CUSTOMER”) ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE PROVISIONS ON LICENSE RESTRICTIONS IN SECTION 4, LIMITED WARRANTY IN SECTIONS 6 AND 7, LIMITATION OF LIABILITY IN SECTION 8, AND SPECIFIC PROVISIONS AND EXCEPTIONS IN SECTION 16. CUSTOMER AGREES THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY CUSTOMER. THIS AGREEMENT IS ENFORCEABLE AGAINST CUSTOMER. IF CUSTOMER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, CUSTOMER MAY NOT USE THE SOFTWARE.

This agreement may govern Customer’s use of additional Software subsequent to the effective date of this agreement. Such additional Software shall reference the terms of this agreement. This agreement may also incorporate by reference any end user license agreement governing a prior version of the Software.

Customer may have another written agreement directly with Ebmbook (e.g., a volume license agreement) that supplements or supersedes all or portions of this agreement. The Software is LICENSED, NOT SOLD, only in accordance with the terms of this agreement. Use of some Ebmbook and some non-Ebmbook materials and services included in or accessed through the Software may be subject to additional terms and conditions. Any further notices about Ebmbook or non-Ebmbook materials are available from the Ebmbook website http://www.Ebmbook.com/.

The Software may cause Customer’s Computer to AUTOMATICALLY CONNECT TO THE INTERNET. The Software may also require activation or registration. Additional information on activation, Internet connectivity, and privacy is available in Sections 14 and 16.

 

1. Definitions.

1.1 “Ebmbook” means e-Business Management Book, A company based in Watford, United Kingdom.

1.2 “Ebmbook Epos Starter” means Ebmbook Epos Starter package, a single user licensed software.

1.2.1 “Ebmbook Professional” means Ebmbook Epos Professional package, a multi-user, Client/Server Terminals licensed software.

1.3 “Compatible Computer” means a Computer with the recommended operating system and hardware configuration as stated in the Documentation.

1.4 “Computer” means a virtual or physical device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions, including without limitation desktop computers, laptops, tablets, mobile devices, telecommunication devices, Internet-connected devices, and hardware products capable of operating a wide variety of productivity, entertainment, or other software applications.

1.5 “Customer” means you and any legal entity that obtained the Software and on whose behalf it is used; for example, and as applicable, your employer.

1.6 “Internal Network” means a private, proprietary network resource accessible only by employees and individual contractors (i.e., temporary employees) of a specific corporation or similar business entity. Internal Network does not include portions of the Internet or any other network community open to the public, such as membership or subscription driven groups, associations, and similar organizations.

1.7 “Output File” means an output file Customer creates with the Software.

1.8 “Permitted Number” means one (1) unless otherwise indicated under a valid license (e.g., volume license) granted by Ebmbook.

1.9 “Software” means (a) all of the information with which this agreement is provided, including but not limited to: (i) all software files and other computer information; (ii) any proprietary scripting logic embedded within exported file formats or used in an Ebmbook Online Service; (iii) sample and stock photographs, images, sounds, clip art and other artistic works bundled with Ebmbook software or made available by Ebmbook on Ebmbook’s website for use with the Ebmbook software and not obtained from Ebmbook through a separate service (unless otherwise noted within that service) or from another party (“Content Files”); (iv) related explanatory written materials and files (“Documentation”); and (v) fonts; and (b) any modified versions and copies of, and upgrades, updates, and additions to, such information, provided to Customer by Ebmbook at any time, to the extent not provided under separate terms (collectively, “Updates”).

1.10 “Territory” means the region where the Customer is permitted to install and use the Software.

 

2. Software License; Membership.

2.1 Software License. Section 2.1 applies to Customers who have purchased a license to the Software.

2.1.1 License Grant. Subject to Customer’s continuous compliance with this agreement and payment of the applicable license fees, Ebmbook grants Customer a non-exclusive and limited license to install and use the Software: (a) in the Territory, (b) during the term of such license (“License Term”), (c) within the scope of the License Type and on the Permitted Number of Customer’s Compatible Computers as specified in the Documentation, and (d) in a manner consistent with the terms of this agreement and applicable Documentation. Unless otherwise defined in this agreement, in the applicable Documentation, or at the time of purchase, License Term shall be perpetual. Upon the expiration or termination of the License Term, some or all of the Software may cease to operate without prior notice. Upon expiration or termination of the License Term, the POS shouldn’t be used unless it has been renewed.

2.1.2 License Types.

2.1.2.1 Ebmbook offers two POS versions:

• Ebmbook Professional
• Ebmbook Starter

2.1.2.2 Perpetual License. If chosen, this license type only applies to the Ebmbook Starter versions.  The Software, or portions of the Software, that are provided has lifetime license for a single machine, original machine on which it is initially installed. The copy of the software can’t be taken or moved to another device. This license type doesn’t apply to the Ebmbook Professional or PRO versions.

2.1.2.3 Subscription Edition. For the Software available on a subscription basis (“Subscription Edition”), Customer may install and use the Subscription Edition only on the Permitted Number of Compatible Computer during the License Term. Subject to the Permitted Number of Computers for the Subscription Edition, Ebmbook may allow Customer to install and use the most recent prior version of the Subscription Edition and the current version of the Subscription Edition on the same Computer during the License Term. Customer agrees that Ebmbook may change the type of Software (such as specific components, versions, platforms, languages, etc.) included in the Subscription Edition at any time and shall not be liable to Customer whatsoever for such change. Ongoing access to a Subscription Edition requires: (a) a recurring Internet connection to activate, renew, and validate the license, (b) Ebmbook or its authorized reseller’s receipt of recurring subscription payments, and (c) Customer’s agreement to subscription terms and other additional terms and conditions that are available at www.ebmbook.com or at the time of purchase. If Ebmbook does not receive the recurring subscription payment or cannot validate the license periodically, then the Software may become inactive without additional notice until Ebmbook receives the payment or validates the license.

2.1.2.4 The Customer can upgrade to a Yearly Plan or Monthly Plan at any time either through the ‘Back Office’ of the System or by contacting Ebmbook. If the Customer is already into one of the plans, this existing contract will be replaced by the chosen plan type.

2.1.2.5 All the subscription-based plans are contracts for a minimum of 12 month periods and are governed by the terms of this Agreement.

2.1.2.6 The monthly subscription should be paid each month through the selected payment providers. Where a payment fails, Ebmbook will attempt to take the payment again, if payment continues to fail, Ebmbook retains the right to restrict access to the Ebmbook Software licenses, devices until all the outstanding payments are made in full.

2.1.2.7 Subscription Termination Terms: If the Customer wishes to cancel its Subscription Plan part-way through the annual contract, the customer will be liable to pay a charge calculated by multiplying the number of months remaining on the contract by the monthly payment.

2.1.2.8 For any outstanding payments, Ebmbook has the right to ask the Customer to make the outstanding payment, or otherwise, the customer will be referred to the relevant authorities.

2.1.3 Portable or Home Computer Use. Subject to the restrictions set forth in Section 2.1.4, the primary user of the computer on which the Software is installed under Section 2.1 (“Primary User”) may NOT install a second copy of the Software on another machine until a separate agreement made between the Ebmbook and the customer.

2.1.4 Restrictions on Secondary Use by Volume Licensees. If the Software was obtained under an Ebmbook volume license program or agreement, then the second copy of the Software made under Section 2.1.3 must be used solely for the benefit and business of that volume licensee. THIS might require a written request send from customer to Ebmbook for approval.

2.1.5 Dual Boot Platform. The Software is licensed for use on a specific operating system platform. Customer must purchase a separate license for use of the Software on each operating system platform. By way of example, if Customer desires to install the Software on both the Mac OS and Windows operating system platforms on a device that runs both of those platforms (i.e., a dual boot machine), then Customer must first obtain two separate licenses for the Software. This is true even if two versions of the Software, each designed for a different operating system platform, are delivered to Customer on the same media.

2.1.6 Distribution from a Server. As permitted by the Documentation, Customer may copy an image of the Software onto a Computer file server within Customer’s Internal Network (“Server”) for the purpose of downloading and installing the Software onto Computers within the same Internal Network for use only as permitted by this Section 2.

 

3. Intellectual Property Ownership.

The Software and any authorized copies that Customer makes are the intellectual property of and are owned by Ebmbook and its suppliers. The structure, organization, and source code of the Software are the valuable trade secrets and confidential information of Ebmbook and its suppliers. The Software is protected by law, including but not limited to the copyright laws of the United Kingdom and other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does not grant Customer any intellectual property rights in the Software. All rights not expressly granted are reserved by Ebmbook and its suppliers.

 

4. Restrictions and Requirements.

4.1 Proprietary Notices. Any permitted copy of the Software (including without limitation Documentation) that Customer makes must contain the same copyright and other proprietary notices that appear on or in the Software.

4.2 Use Obligations. Customer agrees that it will not use the Software other than as permitted by this agreement and that it will not use the Software in a manner inconsistent with its design or Documentation.

4.3 No Modifications. Except as expressly permitted in Sections 2 or 16, Customer may not modify, port, adapt, or translate the Software.

4.4 No Reverse Engineering. Except as otherwise expressly permitted in Section 16.1, Customer will not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software.

4.5 No Unbundling. The Software may include various applications and components, may allow access to different Ebmbook Online Services, may support multiple platforms and languages, and may be provided to Customer on multiple media or in multiple copies. Nonetheless, the Software is designed and provided to Customer as a single product to be used as a single product on Computers as permitted herein. Customer is not required to install all component parts of the Software, but Customer may not unbundle the component parts of the Software for use on different Computers.

4.6 No Transfer.

4.6.1 CUSTOMER WILL NOT RENT, LEASE, SELL, SUBLICENSE, ASSIGN, OR TRANSFER ITS RIGHTS IN THE SOFTWARE (INCLUDING, WITHOUT LIMITATION, SOFTWARE OBTAINED THROUGH A WEB DOWNLOAD), OR AUTHORIZE ANY PORTION OF THE SOFTWARE TO BE COPIED ONTO ANOTHER INDIVIDUAL OR LEGAL ENTITY’S COMPUTER EXCEPT AS MAY BE EXPRESSLY PERMITTED HEREIN.

4.6.2 Except with regard to Educational Software Products (as defined in Section 16.3), Pre-release Software (as defined in Section 16.2), Evaluation Software, not-for-resale copies of the Software, or Software obtained through an Ebmbook volume license program and further subject to Section 4.6.3, Customer may permanently transfer all its rights to use the Software to another individual or legal entity, provided that: (a) Customer also transfers (i) this agreement, (ii) the serial number(s), the Software and all other software or hardware bundled, packaged, or pre-installed with the Software, including all copies, Updates, and Prior Versions (as defined in Section 5, below), and (iii) all copies of font software to such individual or entity; (b) Customer retains no Updates, Prior Versions, or copies, including backups and copies stored on a Computer; and (c) the receiving party accepts the terms and conditions of this agreement and any other terms and conditions under which Customer purchased a valid license to the Software. Additional information on transferring volume licensed software is available at http://www.ebmbook.com.

4.6.3 If the Software requires recurring activation or registration and Ebmbook grants Customer’s request to be exempted from the requirement of such recurring activation or registration,

 

5. Updates.

If the Software is an Update to a prior version of Ebmbook software (the “Prior Version”), then Customer’s use of this Update is conditional upon its retention of the Prior Version. Therefore, if Customer validly transfers this Update pursuant to Section 4.6, the Customer must transfer the Prior Version along with it. If Customer wishes to use this Update in addition to the Prior Version, then Customer may only do so on the same Computer on which it has installed and is using the Prior Version. Any obligations that Ebmbook may have to support Prior Versions during the License Term may end upon the availability of this Update. No other use of the Update is permitted. Additional Updates may be licensed to Customer by Ebmbook with additional or different terms.

 

6. Limited Warranty.

Except as otherwise stated in a separate agreement between Ebmbook and a Software licensee, Ebmbook warrants to the individual or entity who first purchases a license for the Ebmbook Software that the Software will perform substantially in accordance with the corresponding user manual for the Software for the shorter period of thirty (30) days period only when used on the Compatible Computer.  The Ebmbook Software does not cover damages to your personal computer, company computer, machines and nor cover lose of data this is because the Ebmbook Software has features for end-users to back up their data as well as download the right version of the Ebmbook Sofware based on their computer specification.

Non-substantial variation of performance from the user manual does not establish a warranty right. This limited warranty does not apply to the following, which are made available AS-IS and without a warranty from Ebmbook:

(i) patches;

(ii) font software;

(iii) Pre-release Software, trial, starter, evaluation, product sampler, Evaluation Software, and not-for-resale copies of the Software;

(iv) websites, Ebmbook Online Services; and Third-Party Online Services;

All warranty claims must be made, along with proof of purchase, to the Ebmbook Customer Support Department within such a Warranty Period.  The customer shall only request refunds from the vendor who sold Customer the Software.

 

7. Disclaimer.

THE LIMITED WARRANTY IN SECTION 6 AND ANY STATUTORY WARRANTY AND REMEDY THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW ARE THE ONLY WARRANTIES AND EXCLUSIVE REMEDIES APPLICABLE TO THE SOFTWARE. OTHER THAN THOSE OFFERED AND STATUTORY WARRANTIES AND REMEDIES, EBMBOOK, ITS AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES (DEFINED BELOW) DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE AS TO ANY MATTER, INCLUDING BUT NOT LIMITED TO PERFORMANCE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. OTHER THAN SUCH OFFERED AND STATUTORY WARRANTIES AND REMEDIES, THE SOFTWARE AND ACCESS TO ANY WEBSITES, EBMBOOK OR THIRD PARTY ONLINE SERVICES, AND CERTIFICATE AUTHORITY SERVICES ARE PROVIDED AS-IS AND WITH ALL FAULTS. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS. CUSTOMER MAY HAVE ADDITIONAL WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. EBMBOOK DOES NOT SEEK TO LIMIT CUSTOMER’S WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. The provisions of Sections 7 and Section 8 will survive the termination of this agreement, howsoever caused, but this will not imply or create any continued right to use the Software after termination of this agreement.

 

8. Limitation of Liability.

EXCEPT FOR THE EXCLUSIVE REMEDY OFFERED BY EBMBOOK ABOVE AND ANY REMEDIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW, EBMBOOK, ITS AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES WILL NOT BE LIABLE TO CUSTOMER FOR ANY LOSS, DAMAGES, CLAIMS, OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF AN EBMBOOK REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS. IN ANY EVENT, EBMBOOK’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. Nothing contained in this agreement limits Ebmbook’s liability to Customer in the event of death or personal injury resulting from Ebmbook’s negligence or for the tort of deceit (fraud). Ebmbook is acting on behalf of its affiliates, suppliers, and Certificate Authorities for the purpose of disclaiming, excluding and limiting obligations, warranties, and liability, but in no other respects and for no other purpose.

 

THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN CUSTOMER’S JURISDICTION. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME JURISDICTIONS. CUSTOMER MAY HAVE RIGHTS THAT CANNOT BE WAIVED UNDER CONSUMER PROTECTION AND OTHER LAWS. EBMBOOK DOES NOT SEEK TO LIMIT ITS WARRANTY OR REMEDIES TO ANY EXTENT NOT PERMITTED BY LAW.

 

9. Export Rules.

Customer acknowledges that the export of the Ebmbook Software to outside of United Kingdom & EU does not cover any maintenance and support for the Software unless agreement made between Ebmbook and the other party.

 

10. Governing Law.

10.1 United Kingdom. If Customer resides in the same country.

10.2 Other countries. If Customer resides (or headquarters, if Customer is a business) in either of the countries in the World, then this agreement shall be governed by and construed pursuant to the laws of the country where Customer resides, regardless of conflict of laws principles. All claims related to data protection and data privacy shall be subject to the laws of United Kingdom.

 

11. General Provisions.

Ebmbook may terminate this agreement if the Customer materially breaches any term contained in this agreement. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which will remain valid and enforceable according to its terms. This agreement may only be modified in writing, signed by an authorized officer of Ebmbook. The English version of this agreement will be the version used when interpreting or construing this agreement. This is the entire agreement between Ebmbook and Customer relating to the Software and it supersedes any prior representations, discussions, undertakings, communications, or advertising relating to the Software.

 

12. Notice to United Kingdom Government End Users.

    This is same as for other countries in the World.

 

13. Compliance with Licenses.

If Customer is a business, company, or organization, Customer agrees that, in addition to any license compliance checking performed by the Software, Ebmbook or its authorized representative have the right, no more than once every twelve (12) months, upon seven (7) business days’ prior notice to Customer, to inspect Customer’s records, systems, and facilities to verify that its installation and use of any and all Ebmbook software or service is in conformity with its valid licenses from Ebmbook. For example, Ebmbook has the right to those of Customer’s records useful to determine whether installations of the Software have been serialized, and Customer shall provide such records to Ebmbook promptly upon request by Ebmbook. Additionally, Customer shall provide Ebmbook with all records and information requested by Ebmbook in order to verify that its installation and use of any and all Ebmbook software is in conformity with its valid licenses from Ebmbook within thirty (30) days of Ebmbook’s request.

 

14. Internet Connectivity and Privacy.

14.1 Automatic Connections to the Internet. The Software may cause Customer’s Computer, without notice, to automatically connect to the Internet and to communicate with an Ebmbook website or Ebmbook domain for purposes such as validating Software license and providing Customer with additional information, features, or functionality.

14.1.1 Pursuant to the Privacy Policy, Ebmbook may (a) track website visits through the use of cookies, web beacons, and similar devices and (b) collect and transmit Customer information.

14.1.2 As permitted by applicable law or as consented to by Customer, Ebmbook may (a) send Customer transactional messages to facilitate the Ebmbook Online Service or the activation or registration of the Software or Ebmbook Online Service or (b) deliver in-product marketing to provide information about the Software and other Ebmbook products and Services using information including, but not limited to, platform version, version of the Software, license status, and language.

14.2 Updating. The Software may cause Customer’s Computer, without additional notice, to automatically connect to the Internet (intermittently or on a regular basis) to (a) check for Updates that are available for download to and installation on the Computer and (b) notify Ebmbook of the results of installation attempts.

14.3 Activation. The Software may require Customer to (a) obtain an Ebmbook ID, (b) activate or reactivate the Software, including activation of certain components or features, (c) register the software, or (d) validate the Membership. Such requirement may cause Customer’s Computer to connect to the Internet without notice on install, on launch, and on a regular basis thereafter. Once connected, the Software will collect and transmit information to Ebmbook. Software or Customer may also receive information from Ebmbook related to Customer’s license, subscription, or Membership. Ebmbook may use such information to detect or prevent fraudulent or unauthorized use not in accordance with a valid license, subscription, or Membership. Failure to activate or register the Software, validate the subscription or Membership, or a determination by Ebmbook of fraudulent or unauthorized use of the Software may result in reduced functionality, inoperability of the Software, or a termination or suspension of the subscription or Membership.

14.4 Deactivation. Customer may deactivate and uninstall the Software from its Computer in order to install and activate the Software on another device. Deactivation requires Internet connectivity.

14.5 Use of Online Services. The Software may cause Customer’s Computer, without additional notice and on an intermittent or regular basis, to automatically connect to the Internet to facilitate Customer’ access to content and services that are provided by Ebmbook or third-parties as further described in Section 16.4 (Online Services). In addition, the Software may, without additional notice, automatically connect to the Internet to update downloadable materials from these online services so as to provide immediate availability of these services even when Customer is offline. If Customer accesses an Ebmbook Online Service (as defined in Section 16.4 below), then additional information such as Customer’s Ebmbook ID, user name, and password may be transmitted to and stored by Ebmbook.

 

15. Peer-to-Peer Communications.

The Software may use Customer’s connection to a local area network, without additional notice, to automatically connect to other Ebmbook software and, in doing so, may indicate on the local area network that it is available for communication with other Ebmbook software. These connections may transmit the IP Address of Customer’s connection to the local network.

 

16. Specific Provisions and Exceptions.

This section sets forth specific provisions related to certain products and components of the Software as well as limited exceptions to the above terms and conditions. To the extent that any provision in this section is in conflict with any other term or condition in this agreement, the terms stated in this section will supersede such other terms or conditions.

16.1 Nothing included in this agreement (including Section 4.4) shall limit any non-waivable right to decompile the Software that Customer may enjoy under applicable law. For example, if Customer is located in the European Union (EU), Customer may have the right upon certain conditions specified in the applicable law to decompile the Software if it is necessary to do so in order to achieve interoperability of the Software with another software program and Ebmbook has not made such information available, under such circumstance, Customer must first ask Ebmbook in writing to provide the information necessary to achieve such operability. In addition, such decompilation may only be performed by the Customer or someone else entitled to use a copy of the Software on Customer’s behalf. Ebmbook has the right to impose reasonable conditions before providing such information. Any information supplied by Ebmbook or obtained by Customer, as permitted hereunder, may only be used by Customer for the purpose described herein and may not be disclosed to any third party or used to create any software that is substantially similar to the expression of the Software or used for any other act that infringes the copyright of Ebmbook or its licensors.

16.2 Pre-release Software Additional Terms. If the Software is pre-commercial release or beta software (“Pre-release Software”), then this section applies. The Pre-release Software does not represent final product from Ebmbook, and may contain bugs, errors, and other problems that could cause system or other failures and data loss. Ebmbook may never commercially release the Pre-release Software. If Customer received the Pre-release Software pursuant to a separate written agreement, such as the Ebmbook Systems Incorporated License Agreement for Pre-release Software, then Customer’s use of the Software is also governed by such agreement. Customer will promptly return or destroy all copies of Pre-release Software upon the earlier of Ebmbook’s request or upon Ebmbook’s commercial release of such Software. CUSTOMER’S USE OF PRE-RELEASE SOFTWARE IS AT ITS OWN RISK. SEE SECTIONS 6 AND 8 FOR LIMITED WARRANTY AND LIABILITY LIMITATIONS RELATED TO PRE-RELEASE SOFTWARE.

16.3 Online Services.

16.3.1 Provided by Ebmbook. The Software facilitates Customer’s access to content and various services that are hosted on websites maintained by Ebmbook or its affiliates (“Ebmbook Online Services”). Examples of such Ebmbook Online Services might include, but are not limited to Ebmbook Backoffice, Affiliate, APIs, Search for Help, product Welcome Screens, and storage of Customer’s Software settings. In some cases, an Ebmbook Online Service might appear as a feature or extension within the Software even though it is hosted on a website. Access to an Ebmbook Online Service may require Customer to activate the Software, obtain an Ebmbook ID, consent to Additional Terms of Use, or require a separate fee in order to access such Ebmbook Online Services. Ebmbook Online Services might not be available in all languages or to residents of all countries and Ebmbook may, at any time and for any reason, modify or discontinue the availability of any Ebmbook Online Service. Ebmbook also reserves the right to begin charging a fee for access to or use of an Ebmbook Online Service that was previously offered at no charge. As stated in Section 14, when the Software accesses an Ebmbook Online Service, Customer’s use of such Ebmbook Online Service is governed by the Ebmbook Privacy Policy.

16.3.2 Provided by Third Parties. The Software may facilitate Customer’s access to websites maintained by third parties offering goods, information, software, and services (“Third-Party Online Services”). Customer’s access to and use of any Third-Party Online Service is governed by the terms, conditions, disclaimers, and notices found on such site or otherwise associated with such Third-Party Online Services. Ebmbook does not control, endorse, or accept responsibility for such Third-Party Online Services. Any dealings between Customer and any third party in connection with a Third-Party Online Service are solely between Customer and such third party. Third-Party Online Services might not be available in all languages or to residents of all countries and Ebmbook may, at any time and for any reason, modify or discontinue the availability of any Third-Party Online Service.

16.3.3 EXCEPT AS EXPRESSLY AGREED BY EBMBOOK OR ITS AFFILIATES OR A THIRD PARTY IN A SEPARATE AGREEMENT, CUSTOMER’S USE OF EBMBOOK ONLINE SERVICES AND THIRD-PARTY ONLINE SERVICES IS AT ITS OWN RISK UNDER THE WARRANTY AND LIABILITY LIMITATIONS OF SECTIONS 7 AND 8.

 

16.5 Digital Certificates.  The use of Digital certificates is issued by the third-party certificate authorities.

16.6 Font Software. If the Software includes font software:

• Customers may use the font software with the Software on Computers as described in Section 2 and output the font software to any output device(s) connected to such Computer(s).

16.7 Ebmbook Runtime Distribution. Customers may only distribute an Ebmbook Runtime as a fully integrated portion of a developer application that is created using the Software.  Distribution of the resulting Output File or developer application on a non-PC device may require Customer to obtain certain licenses which may be subject to additional royalties. It is solely Customer’s responsibility to obtain such licenses and pay such royalties; Ebmbook grants no such license to the third party technologies under the terms of this agreement. Unless and except as expressly provided in this Section, Customer shall have no rights to distribute the Ebmbook Runtime software.

16.8 Contribute Publishing Services. Subject to the Contribute Publishing Services software end user license agreement accompanying such software, Customer shall not connect to the Contribute Publishing Services software unless Customer has purchased a license to connect to such Contribute Publishing Services software for each individual who may connect to such Contribute Publishing Services software; provided, however, that trial versions of Ebmbook Contribute software may install and connect to the Contribute Publishing Services software in accordance with the Contribute Publishing Services software end-user license agreement.

16.9 Ebmbook Presenter. If the Software includes Ebmbook Presenter and Customer installs or uses the Ebmbook Connect Add-in in connection with the use of the Software, Customer agrees that it will install and use such add-in only on a desktop computer and not on any non-PC product, including, but not limited to, a web appliance, set top box, handheld, phone, or web pad device. Further, the portion of the Software that is embedded in a presentation, information, or content created and generated using the Software (the “Ebmbook Presenter Run-Time”) may only be used together with the presentation, information, or content in which it is embedded. Customer shall not use, and shall cause all licensees of such presentation, information, or content not to use, the Ebmbook Presenter Run-Time other than as embedded in such presentation, information or content. In addition, Customer shall not use, and shall cause all licensees of such presentation, information, or content not to, modify, reverse engineer, or disassemble the Ebmbook Presenter Run-Time.

16.10 Apple Devices. If the Software is downloaded from the Apple iTunes Application Store (“App”), then Customer acknowledges and agrees to the following additional terms: (a) Apple has no liability for the App and its content; (b) Customer’s use of the App is limited to a non-transferable license to use the App on any iPhone, iPad or iPod Touch that Customer owns or controls as allowed by the Application Store Terms of Service; (c) Apple has no obligation whatsoever to furnish any maintenance and support services for the App; (d) to the extent permitted by applicable law, Apple has no warranty obligation to the App and Ebmbook will be responsible for any claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty set forth in this agreement; (e) Apple is not liable for any claims relating to the App or Customer’s possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal requirement; and (iii) consumer protection claims; (f) Apple is not liable for any third-party claims that the App infringes a third party’s intellectual property rights; and (g) Apple and its subsidiaries are third party beneficiaries of this agreement with respect to any such App, and that Apple will have the right to enforce the Agreement against Customer as a third party beneficiary.