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HomeMy WebLinkAboutFlippingBook Publisher _ FlippingBook Cloud End User License Agreement _ FlippingBook9/13/23, 2:14 PM FlippingBook Publisher / FlippingBook Cloud End User License Agreement | FlippingBook https://flippingbook.com/help/publisher-2/licensing/flippingbook-publisher-end-user-license-agreement 1/5 LIPPINGBOOK PUBLISHER / FLIPPINGBOOK CLOUD END USER LICENSE AGREEMENT Last changed: 19/October/2020 Please read this End User License Agreement (hereinafter “Agreement”) and Privacy Policy carefully before using the FlippingBook Publisher software (hereinafter referred to as the “Software”) and Internet Service FlippingBook Cloud and/or its separate functions (hereinafter together referred to as the “IS”). The User (hereinafter, the “User” or “you”) can use the Software and the IS only after confirming agreement with the terms of this Agreement and incorporated here and in the Privacy Policy by clicking the “Accept” button or, in another way, by actual use of the Software, as well as while installing or downloading this Software even in case if the terms of the Agreement and Privacy Policy were not accepted explicitly. If the User does not accept the terms of the Agreement and Privacy Policy hereof in full, the User cannot use the Software or IS for any purposes whatsoever. The use of the Software or IS is allowed only under the conditions set out herein. If you disagree with the terms of this Agreement and/or Privacy Policy, choose “Decline”, Close the window and the software, or express your non-acceptance of terms otherwise and immediately cease using the Software or IS. TERMS AND DEFINITIONS FlippingBook Limited, holding office at Sqaq Cordina, Cospicua BML1900, Malta, the owner of the Software, the IS, and the Internet sites https://flippingbook.com and https://cld.bz. Software - The FlippingBook Publisher software, a product for creating digital Publications, available in different editions, the functions of which are available at the website https://flippingbook.com, which is regulated by this Agreement and accompanying documentation. Software Distribution - a specific version and edition of the Software available for installation. Software Distributions, descriptions thereof, as well as upgrades and/or additions thereto, are provided on the sites: https://flippingbook.com and/or https://cld.bz. Publication - the output material created by the Software that can be distributed to the User’s audience using a web server, the IS, or in offline form, and can be viewed in a web browser. Output files for Publications - The digital files that together make up the Publication so that the Publication can be distributed without making use of the IS. Internet Service FlippingBook Cloud (IS) - a service for distributing Publications on the Internet, the functions of which are available at the website https://flippingbook.com, which is regulated by this Agreement and accompanying documentation. The IS is accessible via the Software, the web interface on the website https://flippingbook.com or https://cld.bz and/or by special software. Service Contract — the specific period of time in which FlippingBook Limited provides technical support for the Software, the possibility of acquiring updates of Software Distributions, and usage of the IS. License Configuration - the exact configuration of the Software bought by the user, determined by Software edition, number of users, and Service Contract. Pricing Plan — information about amounts, fee rates, expenses of FlippingBook Limited to be paid and/or reimbursed by the User. All the pricing plans, their description, as well as amendments and/or supplements thereto, are provided on the sites: https://flippingbook.com and/or https://cld.bz. FlippingBook Limited is entitled to provide other pricing plans to the Users under a separate agreement. In this case, the Pricing Plans published on the sites: https://flippingbook.com and/or https://cld.bz are either not valid or valid to the extent that they do not contradict the agreement between FlippingBook Limited and the User. CONDITIONS OF USE THE SOFTWARE OR IS Subject to the terms and conditions of this Agreement, FlippingBook Limited grants User a non-exclusive, non-transferable right to use the Software and IS solely for User’s own internal business and personal operations with the restrictions listed below in this Agreement. In this Agreement, the Software use includes download, install and access the Software on a number of workstations limited by the License Configuration. The User is not granted rights to update and upgrade their Software Distribution unless the User has a Service Contract. 9/13/23, 2:14 PM FlippingBook Publisher / FlippingBook Cloud End User License Agreement | FlippingBook https://flippingbook.com/help/publisher-2/licensing/flippingbook-publisher-end-user-license-agreement 2/5 This Agreement, Privacy Policy, the Pricing Plans, the Software Distributions, as well as amendments and/or supplements thereto, come into force at the time of their publication on the sites: https://flippingbook.com and/or https://cld.bz. FlippingBook Limited is entitled unilaterally to amend and/or supplement this Agreement, the Pricing Plans, Software Distributions, and Privacy Policy. Users are informed about amendments and/or supplements made to this Agreement, the Pricing Plans, Software Distributions, Privacy Policy, and other documentation by notifications published in the Software and/or on the sites: https://flippingbook.com and/or https://cld.bz. FlippingBook Limited, at its own discretion, can also send respective notices to the Users by means of electronic communication. The Software may contain third-party technology, including open-source software (“Third-Party Technology”). Third-Party Technology may be licensed to User under separate license terms if specified in the Documentation, “read me” or similar files. If any applicable third-party license requires FlippingBook Limited to furnish source code to the Third-Party Technology, FlippingBook Limited will provide it upon written request and payment of the shipping charges. The Software can be distributed by FlippingBook Limited, and in other ways, by publishing it at online stores for applications (App Store, Google Play, resellers and affiliates of FlippingBook Ltd and others). In such cases, the acquisition procedure of the Software can be additionally regulated by the respective requirements of a particular online store for the applications. In this regard, FlippingBook Limited is not responsible for the operation of the online stores for applications where the Software is published. User restrictions You may not: sublicense, sell, resell or lease any parts of the Software or the IS; decompile or disassemble, amend, adapt, translate the Software into other languages, attempt to get the source code of the Software, in particular, to make changes in the Software code, except for updating the Software by using update files provided by FlippingBook Limited within the Service Contract period; sell, transfer, share, give away or sublease the Output files for the Publications created with the Software to a third party (except for the User’s affiliated companies), nor by themselves, nor collectively as part of a bundle, nor in any other way; create your own products using the Software or on the basis of the Software ( including, but not limited to, automatically creating Publications, creating other software products, and online services to create Publications), except if allowed by law; integrate the Software with other software or use its functions in other software (except for the software necessary for the functioning of the Software), without the express permission of FlippingBook Limited; create conditions for unlawful use of the Software by third parties, particularly but not limited by providing registration data for accessing the Software and/or IS; change, delete or otherwise circumvent Publication restrictions established by the License Configuration, including, but not limited to the number of Publication pages, logo, and links to the FlippingBook website, etc. change, replace or in any other way modify the Output files for the Publications, including (but not limited to) adding modifications that could make Publications regarded as malware or functions that gather data, alone or in combination with other data, about an identified or identifiable natural person. use the Software in any way other than as stipulated by this Agreement; use the IS for uploading, sending, transfer, or other publishing of materials which are unlawful, harmful, threatening, insulting to morality, defamatory, infringing copyrights or other intellectual property rights, promoting hatred and/or discrimination of people according to racial, ethnic, sexual, social factors, as well as violating Privacy Policy or violating the accepted norms and Internet communication ethics, or hindering other Users’ work with the Software; use the IS for uploading, sending, transferring, or otherwise publishing promotional content that is not specifically allowed for publishing, including bulk, unauthorized, and/or unexpected by recipients, unsolicited mail, including those with multiple duplications of one email address (spamming); use customized domain name(s) or subdomain name(s) on the sites https://flippingbook.com and/or https://cld.bz that infringe third parties’ rights including trademarks. FlippingBook Limited reserves the right to unilaterally alter the User’s domain name if in the judgment of FlippingBook Limited it violates the rights of the respective owner. Publications created using the Software The User can only create Publications for their own internal and business purposes. This means that the User is not entitled to create Publications for third parties (except for the User’s affiliated companies) using the Software. When this violation is detected FlippingBook Limited has the right to block the Software at any time without prior notice. In this case, the cost of the License Configuration and/or Service Contract paid by the User are not subject to reimbursement to the User. The User retains any and all rights to the Publications created while using the Software. If the User distributes Publications created with the Software he/she does it at his/her own risk, including the protection of confidential information. FlippingBook Limited is not responsible for the actions of such individuals and cannot monitor their actions, motives, and goals. The Software and IS provide only the technical possibility of presenting the Publications. The User acknowledges that after the 9/13/23, 2:14 PM FlippingBook Publisher / FlippingBook Cloud End User License Agreement | FlippingBook https://flippingbook.com/help/publisher-2/licensing/flippingbook-publisher-end-user-license-agreement 3/5 publication of materials, their confidentiality may be violated and the materials may become available to the public and/or indexed by search engines. The User may not create situations that may damage the FlippingBook Limited or its reputation, including by initiating disproportionate end-user traffic to FlippingBook Limited websites when publishing materials. If such situations of initiation of high volumes of end-user traffic to the website are identified, FlippingBook retains the right to terminate the User’s license at any time, as well as prohibit the use of the Software without advance notification. Publications distributed on the IS The User can only create Publications for their own internal and business purposes. This means that the User is not entitled to create Publications for third parties (except for the User’s affiliated companies) using the IS. When this violation is detected FlippingBook Limited has the right to block the IS at any time without prior notice. In this case, the cost of the License Configuration and/or Service Contract paid by the User are not subject to reimbursement to the User. User can only use the IS for distributing Publications when they have an active Service Contract and only within the limits specified in the Service Contract. FlippingBook Limited does not render the IS after the expiration of the Service Contract. When the Service Contract expires, the IS becomes unavailable to the User, and FlippingBook Limited is entitled unilaterally to delete the User’s data and Publications without notifying the User. User data and Publications are not deleted in the case of a timely purchase of a Service Contract extending the term of the IS subscription. If the User uses the IS to distribute Publications and a claim is received from the holder of a respective copyright, trademark, intellectual property or similar right with regard to infringement of its lawful rights, FlippingBook Limited is entitled to delete these Publications or block access to them without notifying the User or giving reasons. The User assumes responsibility for any Publications published by him/her using the IS. In case third parties assert a claim with respect to the materials published by the User, the User shall settle such claims independently and at his/her own expense. The User agrees that FlippingBook Limited provides IS in an amount determined by economic feasibility. Thus, if the Publications that the User distributes using the IS generate traffic, and the cost of that traffic to FlippingBook Limited exceeds or reasonably is expected to exceed the fee for the Service Contract, then FlippingBook Limited has the right to offer the User a more expensive Service Contract, and in the absence of the User’s consent, FlippingBook Limited has the right to block the IS at any time without prior notice. In this case, the cost of the License Configuration and/or Service Contract paid by the User are not subject to reimbursement to the User. Software updates During the period of the Service Contract, you can get updated Software Distributions at the discretion of FlippingBook Limited. Any update is an integral part of the Software, so the terms of this Agreement relating to any Software update as well. After installation of the Software update, the User cannot use the source Software Distribution (the version which was updated), unless where it constitutes part of the updated Software. FlippingBook Limited can amend or delete functions in the Software and the Publications in updated Software Distributions. In order to optimize the IS, FlippingBook Limited can, at its option and at any time, amend or delete the functions from the IS without advance notice. Support Support (Technical and Functional) is only available to the Users if they have an active Service Contract. Support is provided only at the discretion of FlippingBook Limited, without any guarantees. You shall be solely responsible for the full backup of the data, software, and programs before obtaining Technical Support. In the course of providing Support, FlippingBook Limited can determine that the technical problem in question is beyond the scope of Support, or beyond the area of competence of Support. FlippingBook Limited reserves the right to refuse, suspend, or break off the provision of Support at its own discretion. Even if the User has an active Service Contract, Support will not be offered for Software Distributions that were released more than 4 years before the moment that the User seeks Support. Technical restrictions FlippingBook Limited is entitled to specify any requirements and limitations with respect to the use of Software, including, but not limited to hardware requirements, software requirements, and internet connection requirements. 9/13/23, 2:14 PM FlippingBook Publisher / FlippingBook Cloud End User License Agreement | FlippingBook https://flippingbook.com/help/publisher-2/licensing/flippingbook-publisher-end-user-license-agreement 4/5 You can use the most recent Software Distribution that is available to you, for at least 4 years after the Software Distribution has been released. In case the software stops functioning altogether within this period due to reasons not related to the requirements and limitations stipulated above, then FlippingBook Ltd will provide you with a more recent Software Distribution without additional charge. FlippingBook Limited doesn’t provide any guarantees, warranties, or updates for Software distributions that have been released more than 4 years ago. The User agrees that the number of Users working with the program is limited by the allowed number of workstations in the License Configuration. In case of reasonable doubt (including, but not limited to, a single installation being shared by multiple users), FlippingBook can ask for proof of and measures you have taken to impose such limitations and of the effectiveness/results of such measures. In absence of timely and convincing proof, FlippingBook Limited has the right to block the User’s access to the Software without prior notice. In this case, the cost of the Software and/or Service Contract paid by the User is not subject to reimbursement to the User. The total number of allowed (re-)installations of the Software is given by the formula: the number of users in the License Configuration multiplied by 10. FlippingBook Limited has the right to perform maintenance of the IS with a temporary suspension of work of the said IS and other services placed therein, as well as the Software. In case of Force Majeure, as well as breakdown or malfunction of hardware-software systems of third parties collaborating with FlippingBook Limited, or third parties’ actions aimed at suspending or stopping the functioning of IS, the work of the said IS and other services placed therein, as well as the Software, can be suspended without advance notification of Users. Measures for preventing unlawful use In the case of using the Software in known violation of third parties’ rights, FlippingBook Limited reserves the right to unilaterally take all necessary measures to protect the violated rights of third parties without advance notice or explanation. FlippingBook Limited has the right to discontinue providing the service to any person upon receiving a claim from an interested person fulfilling the requirements of current legislation. Registration data provided by the User must be current and valid. FlippingBook Limited at its own discretion can request confirmation of the provided registration data, in particular by the presentation of documented proof. The User is obliged to keep the registration data current and valid by updating it in a timely manner in the manner allowed by the website flippingbook.com, the Software and/or IS. In case of any suspicions, FlippingBook Limited retains the right to stop providing the services unilaterally at any time without advance notification of the User and to delete or block the access to materials published by the User. In this case, the cost of the subscription paid by the User according to the Pricing Plan will not be reimbursed to the User. The User will take whatever measures are necessary to keep his or her registration data confidential. You agree that FlippingBook Limited can take measures aimed at protection from computer piracy. The Software can contain technology for compulsory fulfillment of requirements, and for making it possible to install and delete the Software only for a certain number of times on a certain number of computers. FlippingBook Limited reserves the right to collaborate with any legal or executive bodies and to answer governmental inquiries connected with the handling of the Software by Users. Therefore, FlippingBook Limited can provide documents and information in connection with court rulings or other procedures to ensure legality. The User agrees that FlippingBook Limited reserves the right to refuse to provide services to the User or unilaterally stop providing the services at any time without advance notification of the User in the following cases: breach of this Agreement or any part thereof, as well as supplements thereto which are an integral part thereof; respective request(s) of authorized government bodies; unexpected technical problems or safety-related circumstances; obstacles or any breaches with respect to IS and other services placed therein, as well, including the use of any devices, software, etc. Liability To the extent allowed by the laws in force, FlippingBook Limited shall in no event be responsible to you (for negligence, under the contract or otherwise) for the loss of profit, gains, business contacts, expected savings, the time spent as a result of the possibility or impossibility to use the Software, the loss or damage of data as a result of the possibility or impossibility to use the Software, as well as for any actual, incidental, indirect or analogous damages, even if FlippingBook Limited was aware of the probability of such damages. FlippingBook Limited cannot take responsibility in any way for the loss of access to the Software and/or (Publications on) the IS by the User and for the consequent occurrence of direct and indirect damage or lost profit by the User or third-parties as to the result of 9/13/23, 2:14 PM FlippingBook Publisher / FlippingBook Cloud End User License Agreement | FlippingBook https://flippingbook.com/help/publisher-2/licensing/flippingbook-publisher-end-user-license-agreement 5/5 unauthorized access to the User’s registration data by any third parties. The Software and updates are provided “as is”. FlippingBook Limited does not guarantee that the Software or its updates, as well as the quality of any Publication created with the software, or any product, service, information, etc., obtained with the use of the Software are free of errors (including those which can result in problems during installation, updating, maintenance and use of the Software, particularly problems of compatibility with the OS or other program products) and meet your requirements, that the Software shall function normally and be provided uninterruptedly, promptly, securely and correctly, and that any errors contained in the Software shall be corrected. Any risks connected with the quality of work and efficiency of the Software, the possible results of using the Software, varying interpretation of reference information about the Software are borne by the User. The responsibility of FlippingBook Limited shall in no instance exceed the cost of the License Configuration paid by the User. FlippingBook Limited provides no guarantees with regard to non-infringement of intellectual property rights. FINAL PROVISIONS This Agreement is governed by the legislation of the Republic of Malta. In case FlippingBook Ltd. does not enforce any right or provision of this Agreement, this will not be deemed a waiver of such right or provision. In the event that any provision of this Agreement is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of this Agreement will remain in full force and effect. Neither Party shall assert claims on the other Party for failure to fulfill or for improper fulfillment of its obligations hereunder, if this was caused by events of Force Majeure which arose after the conclusion of this Agreement due to an emergency which the Party at fault could neither foresee, nor prevent, including acts of God — fires, floods, earthquakes, hurricanes, storms, etc.; acts of terrorism, military actions of any nature, civil disorders, actions of state government and administrative bodies (including amendments to legislation), if they have a direct influence on the subject of this Agreement, and other circumstances causing the malfunction of any Party’s hardware, etc. if such circumstances prevent the Parties from due fulfillment of their obligations hereunder.