CogniLore proLibro System End User License Agreement
Please note – addition licensing terms from content owners using branded proLibro software may apply. Please contact the publisher to inquire and for additional information. In addition, the terms of the End User License Agreement for Apple products differs due to requirements from Apple. Apple product specific End User License Agreements can be found on the App Store entry for the version of the software you are using.
Please read this EULA carefully, as it sets out the terms and conditions upon which we license our Software and Services (collectively and individually, “Products”) for use. By indicating your acceptance, you (“End User”), agree to be bound by the terms and conditions of this EULA. The Product(s) transacted through the Service are licensed, not sold, to End User for use only under the terms of this license, unless a Product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to acceptance by End User of that separate license agreement. The licensor CogniLore Inc. (hereinafter referred to as the “Application Provider”) reserves all rights not expressly granted to End User. The Product(s) subject to this license is referred to in this End User License Agreement (EULA) as the “Licensed Application” and includes, but is not limited to, the proLibro™ Reader (regardless of the platform), proLibro™ Build, and/or access to the proLibro™ Connect web application.
BY USING THE LICENSED APPLICATION, END USER ACCEPTS THESE TERMS. IF END USER DOES NOT ACCEPT THEM, DO NOT USE THE LICENSED APPLICATION AND CONTACT YOUR SUPPLIER.
AS DESCRIBED BELOW, USING THE LICENSED APPLICATION ALSO OPERATES AS END USER CONSENT TO THE TRANSMISSION OF CERTAIN COMPUTER INFORMATION DURING ACTIVATION, VALIDATION AND FOR INTERNET-BASED SERVICES. IF END USER COMPLIES WITH THESE LICENSE TERMS, THEY HAVE THE RIGHTS BELOW FOR EACH LICENSE THEY ACQUIRE.
1. Acknowledgement: End User acknowledges that this EULA is concluded between End User and Application Provider, and not with any other party, and that Application Provider is solely responsible for the Licensed Application and the content thereof.
2. Scope of License: This license granted to End User for the Licensed Application by Application Provider is limited to a non-transferable license to use the Licensed Application on any electronic device that End User owns or controls. This license does not allow End User to use the Licensed Application on any electronic device that End User does not own or control, and End User may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. End User may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. End User may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If End User breaches this restriction, they may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
3. Consent to Use of Data: End User agrees that Application Provider may collect and use technical data and related information, including but not limited to technical information about End User’s device, system and application software, peripherals, and use of the Licensed Application that is gathered periodically to facilitate the provision of software updates, product support and other services to End User (if any) related to the Licensed Application. End User further agrees that Application Provider may use user information, activity information, error reports etc. to improve the Licensed Application, other software provided by the Application Provider, and its services. Some aspects of this information may also be shared with vendors providing content to the Application Provider’s Licensed Application, software and services. Application Provider may use this information, as long as it is in a form that does not personally identify End User.
4. Termination. The license is effective until terminated by End User or Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this license. Upon termination of the license, End User shall cease all use of the Licensed Application.
5. Services and Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that End User accept additional terms of service.
You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, End User agrees to use the Services at sole risk and that the Application Provider shall not have any liability to End User for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, End User acknowledges and agrees that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Services and Third Party Materials. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to End User or any other person for Services and Third Party Materials. Access to Services and Third Party Materials are provided solely as a convenience to End User.
End User agrees that any Services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that End User will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services.
The Application Provider makes no representation that Services and Third Party Materials are appropriate or available for use in any particular territory or jurisdiction. To the extent End User chooses to access such Services and Third Party Materials, End User does so at own initiative and is responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services and Third Party Materials at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services and Third Party Materials. The Application Provider may also impose limits on access to Services and Third Party Materials, in any case and without notice or liability.
6. Maintenance and Support: End User acknowledges that Application Provider is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified within this EULA, or as required under applicable law.
7. NO WARRANTY: END USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE LICENSED APPLICATION IS AT SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH END USER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH END USER ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET END USER REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, END USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO END USER.
8. LIMITATION OF LIABILITY: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO END USER.
In no event shall Application Provider’s total liability to End User for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9. Intellectual Property Rights: All title and copyrights, patent rights, all rights in relation to registered and unregistered trademarks (including service marks), confidential information in and to the Licensed Application (including but not limited to trade secrets, any images, photographs, clipart, libraries, and examples incorporated into the Licensed Application), the accompanying printed materials, and any copies of the Licensed Application are owned by the Application Provider. The Licensed Application is protected by copyright laws and international treaty provisions. Therefore, End User must treat the Licensed Application like any other copyrighted material.
End User and Application Provider acknowledge that, in the event of any third party claim that the Licensed Application or the end-user’s possession of said Licensed Application infringes that third party’s intellectual property rights, that the Application Provider will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
End User further acknowledges that through use of the Licensed Application End User shall not breach or cause to be breached the intellectual property rights of any third party, including but not limited to copyright in any work of any third party and that in the event of any third party claim that End User has infringed the third party’s intellectual property rights, that End User alone, and not Application Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
10. Mandatory Activation: Activation associates the use of the software with a specific device. During activation, the software will send information about the software and the device to Application Provider. This information includes the version, the license version, language and product key of the software, the Internet protocol address of the device, and information derived from the hardware configuration of the device.
BY USING THE LICENSED APPLICATION, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION.
If properly licensed, End User has the right to use the version of the software installed during the installation process. UNLESS THE LICENSED APPLICATION IS ACTIVATED, END USER HAS NO RIGHT TO USE THE LICENSED APPLICATION.
11. Validation: The Licensed Application may from time to time request download of a validation feature of the software. Validation verifies that the Licensed Application has been activated and is properly licensed. A validation check confirming that End User is properly licensed permits End User to use the Licensed Application, certain features of the Licensed Application or to obtain additional benefits. During or after a validation check, the Licensed Application may send information about the Licensed Application, the device and the results of the validation check to Application Provider. This information includes, for example, the version and product key of the software and the Internet protocol address of the licensed device. Application Provider does not use the information to identify or contact End User. BY USING THE LICENSED APPLICATION, END USER CONSENTS TO THE TRANSMISSION OF THIS INFORMATION. If, after a validation check, the Licensed Application is found to be counterfeit, improperly licensed, or a non-genuine product then the functionality or experience of using the Licensed Application may be affected. For example, Application Provider may provide notice that the Licensed Application is improperly licensed or a non-genuine product; and End User may receive reminders to obtain a properly licensed copy of the software; or need to follow Application Provider’s instructions to be licensed to use the Licensed Application and reactivate; and End User may not be able to use or continue to use the Licensed Application or some of the features of the Licensed Application; or obtain certain updates or upgrades from Application Provider. End User may only obtain updates or upgrades for the Licensed Application from Application Provider or Application Provider’s authorized sources.
12. Member Account, Password and Security: If the Licensed Application alone or any of the Services associated with the Licensed Application require End User to open an account, End User must complete the registration process by providing Application Provider with current, complete and accurate information as prompted by the applicable registration form. End User also will choose or be provided with a password and a user name. End User is entirely responsible for maintaining the confidentiality of password and account. Furthermore, End User is entirely responsible for any and all activities that occur under the account. End User agrees to notify Application Provider immediately of any unauthorized use of the account or any other breach of security. Application Provider will not be liable for any loss that End User may incur as a result of someone else using password or account, either with or without End User’s knowledge. However, End User could be held liable for losses incurred by Application Provider or another party due to someone else using your account or password. End User may not use anyone else’s account at any time, without the permission of the account holder.
13. Application Provider Name and Address: The name, address, and the contact information to which any end-user questions, complaints or claims with respect to the Licensed Application should be directed are:
CogniLore Information Systems Inc.;
Address: 283 Alexandre-Taché Blvd, (CILEX), Gatineau, Qc, J9A 1L8, Canada.
14. The laws of the Province of Quebec, Canada govern this End User License Agreement and use of the Licensed Application. End User use of the Licensed Application may also be subject to other local, state, national, or international laws.