END-USER LICENSE AGREEMENT FOR FlipCreator
IMPORTANT - READ CAREFULLY Please
Please read the following license agreement. You must agree to its terms before using this software.
This end-user license agreement ("EULA") is a legal agreement between you ("you" or the "LICENSEE") and Alive Software Inc. (hereinafter called Alive Software) for FlipCreator, including computer software, electronic documentation and printed materials ("SOFTWARE"). By Downloading, installing, copying, or otherwise using the SOFTWARE, LICENSEE agrees to be bound by the terms of this agreement. If LICENSEE does not agree to the terms of this EULA, promptly destroy all copies of the SOFTWARE, including any updates, in your possession or return them to Alive Software. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
NOW THEREFORE, in consideration of the mutual benefits of the covenants an restrictions herein contained, the parties hereto hereby agree as follows:
1. GRANT OF LICENSE.
Alive Software hereby grants to LICENSEE a non-exclusive and nontransferable, perpetual license to use copies of the SOFTWARE to create digital editions of publications that are wholly owned by LICENSEE. LICENSEE is entitled to download and install and use one (1) copy of the SOFTWARE for creating publications and publish such publications in LICENSEE's own business. LICENSEE is expressly not licensed to use the SOFTWARE to produce content on behalf of daughter- or sister companies, customers, partners, end-users or any other company incorporated under different VAT-numbers than the one submitted by LICENSEE, or corporate entities under this VAT, unless LICENSEE has purchased one or more Enterprise Licenses.
Alive Software may have patents or pending patent applications, trademarks,
copyrights, or other intellectual property rights covering the SOFTWARE. LICENSEE is not granted any license to these patents, trademarks, copyrights, or other intellectual property rights except as expressly provided herein. Alive Software reserves all rights not expressly granted.
Alive Software reserves the right to terminate this license at any time, at which time LICENSEE must destroy all copies of the Software LICENSEE has previously installed.
All title and copyrights in and to the SOFTWARE (including, but not limited to, any images, photographs, animation, video, audio, music, text, and "applets," incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by Alive Software and its suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, LICENSEE must treat the SOFTWARE like any other copyrighted material except that LICENSEE may either (a) make one copy of the SOFTWARE solely for backup or archival
purposes, or (b) install the SOFTWARE on a single computer provided LICENSEE keeps the original solely for backup or archival purposes. LICENSEE may not copy the printed materials accompanying the SOFTWARE.
3. DISCLAIMER OF WARRANTY
NO WARRANTIES. The SOFTWARE PRODUCT is provided "as is" without warranty of any kind. To the maximum extent permitted by applicable law, Alive Software and its suppliers disclaim all warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty against infringement, with regard to the SOFTWARE. This limited warranty gives LICENSEE specific legal rights. LICENSEE may have others that vary from state/jurisdiction to state/jurisdiction.
4. CUSTOMER REMEDIES.
Alive Software's entire liability and your exclusive remedy shall not exceed the price paid for the SOFTWARE.
5. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
To the maximum extent permitted by applicable law, in no event shall Alive Software or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE, even if Alive Software has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to LICENSEE.
6. TRIAL PERIOD AND RETURN POLICY.
LICENSEE shall be entitled to a thirty (30) day "free trial period" to evaluate a trial version of SOFTWARE prior to purchase. The free trial period shall commence upon installation of the Trial Version on the System and shall automatically expire within thirty (30) days. LICENSEE shall not be authorized to use the trial version after expiration. The trial version may contain code that automatically disables the trial version without other intervention by Alive Software. LICENSEE may lose data and content and access thereto upon expiration of the trial period if LICENSEE fails timely to purchase the Standard License, Professional License or Enterprise License, and LICENSEE acknowledges and agrees that it bears the risk of such loss. All sales are final. No other returns or exchanges will be permitted or accepted, except as provided in this Agreement.
If you have any questions concerning this Agreement, please contact us: