KEEBOOK CREATOR EDUCATION LICENSE
1. License. Subject
to the terms of this Agreement, KeeBoo hereby
grants to you a non-exclusive license to use its
KeeBook Creator Education book authoring software (the "Software").
This License is valid for ONE registration only and TWO reactivations on ONE computer during TWO years. This license automatically terminates
if you violate any of the terms of this Agreement.
2. Restrictions.
KeeBoo and its suppliers retain
all right, title and interest in and to the Software, and any rights
not expressly granted to you herein are reserved by KeeBoo and its
suppliers. You may not copy (except to download the Software and
make a single back-up copy) or re-distribute, rent, lease, loan,
sublicense or transfer the Software, or modify or create derivative
works of, adapt, or translate the Software. You may use, perform and display the
Software for a professional use called "Educational" insofar as you fill the following
condition: you belong to the personnel dependent on educational institutions.
Are eligible schools, colleges, universities, public or private. You can also
benefit from this licence agreement if you can justify your faculty or staff member
status, pupil, student or of trainee status from one of the above mentioned
establishments. In any case, you do not have the right to use the Software for
commercial and business purposes. You may use, perform and display the Software
to create and distribute "books" containing content you have created or have
the right to further use and distribute to others. You may not reverse engineer,
disassemble or decompile the Software except to the extent that this restriction
is expressly prohibited by applicable law. The Software may contain devices
which can limit its usability.The Software shall be deemed accepted on
downloading and purchasing.
3. Third Party Content.
You agree that you will not incorporate any content in any
"book" or other materials created with the Software which
you do not have the right to use or distribute. Content
available for viewing on websites may be subject to
copyright and other restrictions, and KeeBoo is not responsible
for any use or misuse of any third party content which you
acquire and redistribute using the Software. You agree not
to use the Software to circumvent any technical means employed
by third-party content providers to limit or prevent the further
copying or distribution of such content. You agree to indemnify
and hold KeeBoo harmless against any loss, expense, damages or
liability, including, without limitation, any reasonable
attorneys’ and expert witness fees, arising from any claim,
suit, action or proceeding ("Claims") arising from your
use or misuse of any third party content in connection with
the Software.
4. No Warranty.
THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY
OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, AND KeeBoo
AND ITS SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. Without limiting the foregoing, KeeBoo does not
ensure continuous, error-free, secure or virus-free operation
of the Software. Some jurisdictions do not allow the disclaimer
of implied warranties, so the foregoing disclaimer may not
apply to you. This warranty gives you specific legal rights
and you may also have other legal rights which vary from state
to state.
5. Limitation of Liability.
IN NO EVENT SHALL KeeBoo OR ITS SUPPLIERS BE LIABLE FOR ANY LOST PROFITS
OR OTHER CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (HOWEVER ARISING,
INCLUDING NEGLIGENCE) IN CONNECTION WITH THE SOFTWARE OR THIS AGREEMENT.
In no event shall KeeBoo’s liability for the Software, regardless of the
form of action, exceed [$50]. Some jurisdictions do not allow the foregoing
limitations of liability, so the foregoing limitation may not apply to you.
6. Privacy. By agreeing to the terms
of this Agreement, you agree to the terms of KeeBoo’s then-current
privacy policy with respect to the information KeeBoo may obtain
through your downloading and use of the Software. KeeBoo’s privacy
policy, which is available at
http://www.keeboo.com ,
is incorporated in this Agreement by reference.
7. Export.
You may not download, use or otherwise export or re-export the
Software except in full compliance with all applicable laws and
regulations.
8. General.
The Software is a "commercial item".
This Agreement is governed by French law and is subject to the jurisdiction of the Commercial Court of PARIS. It is also specified that in the event there is an inconsistency between the English translation of this contract and the French version, the French version shall prevail.
The UN Convention on Contracts for the International
Sale of Goods is expressly disclaimed. If any provision
of this Agreement is invalid, the validity of the
remaining provisions of this Agreement shall not be affected.
This Agreement is the entire and exclusive agreement,
and supersedes all prior agreements (whether written
or oral) and other communications, between KeeBoo
and you with respect to the Software. This Agreement
may only be changed by a writing signed by both parties.
