Before you start using the software, look over the terms and conditions of this End User License Agreement (hereinafter - the “EULA”).
TERMS AND DEFINITIONS
Mediaparts Interactive S.A., owner of a non-exclusive right to use the Software, grants the sublicense (non-exclusive, non-transferable right of use) for this Software to the end user (hereinafter - the “User”, “Sub-Licensee”, “you” or “your”) on the terms stipulated below.
Software - the Software Program “FlippingBook Publisher” (“SP”) and/or the Internet Service Publ.com (“IS”) considered as the result of intellectual activity and represented in the form of Computer Programs (subject matter of copyright).
Internet Service - Computer Program accessible in the Internet via the HTTP protocol.
Computer Program - objective representation of the set of commands and data needed for the functioning of computers and computer devices in order to achieve a certain result.
SP Service Period - the period of time for providing SP technical support and the possibility of SP update determined by the SP version. All the SP versions available for installation, their description, as well as upgrades and/or additions thereto, are provided on the sites: http://flippingbook.com and/or http://publ.com.
IS Subscription - effective (operational) period of the IS, determined according to the Pricing Plan chosen by the User and/or the SP version.
Pricing Plan - information about amounts, fee rates, expenses of Mediaparts Interactive S.A. 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: http://flippingbook.com and/or http://publ.com.
Mediaparts Interactive S.A. is entitled to provide other pricing plans to the Users under a separate agreement. In this case, the Pricing Plans published on the sites: http://flippingbook.com and/or http://publ.com are either not valid or valid to the extent that does not contradict the agreement between Mediaparts Interactive S.A. and the User.
CONDITIONS OF SOFTWARE USE
This EULA, the Pricing Plans, the SP Versions, as well as amendments and/or supplements thereto, come into force at the time of their publication on the sites: http://flippingbook.com and/or http://publ.com. Mediaparts Interactive S.A. is entitled unilaterally to amend and/or supplement this EULA, the Pricing Plans and SP Versions. Users are informed about amendments and/or supplements made to this EULA, the Pricing Plans and SP Versions by notifications published on the sites: http://flippingbook.com and/or http://publ.com. Mediaparts Interactive S.A., at its own discretion, can also send respective notices to the Users by means of electronic communication.
The User can use the Software only after confirming agreement with the terms of this EULA by clicking the “Next” button or in another way, by actual use of the Software, as well as while installing or downloading this Software.
If the User does not accept the terms hereof in full, the User cannot use the Software for any purposes whatsoever. Use of the Software is allowed only under the conditions set out herein. If you disagree with the terms of this EULA, choose “I do not accept the terms”, “No”, “Close the window”, or express your non-acceptance of terms otherwise and immediately cease using the Software.
By accepting the terms set out herein, you acquire certain rights to use the Software within a limited period stipulated by the documents associated with the Software, on a limited number of computers, depending on SP Service Period and/or IS Subscription.
Mediaparts Interactive S.A. does not render services for updating the Software and/or Technical Support of the Software after expiration of the SP Service Period and/or IS Subscription.
When the IS Subscription is over, IS becomes unavailable for the User, and his/her data are deleted. User data are not deleted in case of timely purchase of the Pricing Plan and/or SP Version extending the term of IS Subscription.
You may not:
• sublicense or lease any parts of the Software;
• 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 Mediaparts Interactive S.A. within the SP Service Period and/or IS Subscription;
• create products of your own on the basis of the Software, except if allowed by law;
• create conditions for unlawful use of the Software by third parties;
• use the Software in any way other than as stipulated by this EULA;
• use the Software 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 the accepted norms and Internet communication ethics, or hindering other Users' work with the Software.
If a grounded claim is received from the respective copyright holder with regard to infringement of its lawful rights, Mediaparts Interactive S.A. is entitled to delete the materials placed by the User or block access to them without notifying the User or giving reasons.
The User assumes responsibility for any materials published by him/her. In case third parties assert a claim with respect to the materials placed by the User, the User shall settle such claims independently and at his/her own expense.
The User may distribute the results of using the Software at own risk. Mediaparts Interactive S.A. is not liable for the actions of such persons, nor is it able to control their motives or intentions. The IS only provides the technical capability to distribute the results of using the Software to anybody who wishes to receive them. Mediaparts Interactive S.A. is prepared to discontinue providing such capability to any person at any time at the demand of any concerned party that sends Mediaparts Interactive S.A. a relevant reasonable request in compliance with all applicable laws.
During the SP Service Period and/or IS Subscription, you can get Software updates when they appear on the sites: http://flippingbook.com and/or http://publ.com, at the discretion of Mediaparts Interactive S.A. Any update is an integral part of the Software, so the terms of this EULA relate to any Software update as well. After installation of the Software update, the Sub-Licensee cannot use the source version (the version which was updated), unless it constitutes part of the updated Software.
Technical Support of the Software is provided only at the discretion of Mediaparts Interactive S.A., 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 Technical Support, Mediaparts Interactive S.A. can determine that the technical problem in question is beyond the area of competence of Technical Support. Mediaparts Interactive S.A. reserves the right to refuse, suspend, or break off provision of Technical Support at its own discretion.
In order to optimize the Software, Mediaparts Interactive S.A. can, at its option and at any time, amend or delete the Software functions without advance notice.
Mediaparts Interactive S.A. is entitled to specify any requirements and limitations with respect to the use of IS and other services placed therein, as well as Computer Programs.
This EULA governs the use of the newly-launched, reprocessed, updated and extended Software versions which Mediaparts Interactive S.A. can provide.
The Software can include special technical facilities preventing the unlawful use of the Software. You agree that Mediaparts Interactive S.A. can take measures aimed at protection from computer piracy. The Software can contain the technology of compulsory fulfillment of requirements, making it possible to install and delete the Software only for a certain number of times on a certain number of computers.
Mediaparts Interactive S.A. 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, Mediaparts Interactive S.A. can provide documents and information in connection with court rulings or other procedures to ensure legality.
Mediaparts Interactive S.A. has the right to perform routine maintenance of the IS with temporary suspension of work of the said IS and other services placed therein, as well as Computer Programs. In case of Force Majeure, as well as breakdown or malfunction of hardware-software systems of third parties collaborating with Mediaparts Interactive S.A., 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 Computer Programs, can be suspended without advance notification of Users.
The User agrees that Mediaparts Interactive S.A. 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 EULA or any part thereof, as well as supplements thereto which are an integral part thereof;
• respective request 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 as Computer Programs, including the use of any devices, software, etc.
To the extent allowed by the laws in force, Mediaparts Interactive S.A. and its licensees 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 Mediaparts Interactive S.A. was aware of the probability of such damages.
The Software and updates are provided “as is”. Mediaparts Interactive S.A. does not guarantee that the Software or its updates, as well as the quality of 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 Sub-Licensee.
The responsibility of Mediaparts Interactive S.A. or its licensees shall in no instance exceed the cost of the SP version and/or IS Subscription paid by the User.
Mediaparts Interactive S.A. provides no guarantees with regard to non-infringement of intellectual property rights.
FINAL PROVISIONS
This EULA is governed by the legislation of the Republic of Panama.
In case any provisions hereof are deemed void, that shall not affect the validity of the EULA as a whole.
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 EULA 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 EULA, 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.