Circutus, LLC, (“Licensor”) provides the Book Troupe software (the “Software”) and services (the “Services”) which permit You, the End-User, to access your personal e-book collection, and to annotate e-books for your personal use.
For the purposes of this Agreement:
“Authentication Provider” means a third-party Internet service for which the End-User has an account, and which acts as a proxy to authenticate the End-User for access to Book Troupe software and services. Authentication Providers are often Cloud Storage Providers who store and provide access to an End-User's personal e-book collection.
“Services” means Book Troupe websites and other services which facilitate, but are not limited to, End-User account authentication via third-party authentication providers, and archival and synchronization of End-User annotations and software preferences across software instances on multiple devices.
“Software” means Book Troupe software applications used to access and annotate an End-User's personal e-book collection.
1. You must be a person – i.e. a human being – to obtain an End-User Account. No groups or legal entities may sign up as an End-User, and no “bots” or other automated methods may be used.
2. All End Users must be at least 13 years old, and provide a current valid e-mail address and full name, either directly via a form or indirectly by accessing the Software and Services via a third-party authentication provider. Licensor will retain a record of this personally identifying End-User information. Licensor will have access to Your Annotations, and government agencies or other third parties might obtain access through subpoena, court order, or other legal process. Therefore you should not include any personal information in any Annotations that You do not wish third parties to see.
3. You, the End-User, are solely responsible for protecting any user ID or password registered with Licensor or a third-party authentication provider. If any Services provide password-restricted access to your sensitive information, then by accessing or using the Services and setting up a password-restricted account for such Services, you consent to Licensor's use and access to such information via such Services and accept all risks of unauthorized access to such information.
4. The End-User agrees that He or She will not use the Software and Services to perform, coordinate, participate in, or support any illegal acts. The End-User further agrees that He or She will not use the Software and Services to harass, bully or denigrate any third party, and will report any such activities of which they become aware via e-mail to firstname.lastname@example.org.
5. Licensor will, from time to time, at Licensor’ discretion provide software updates to fix problems or provide improved capabilities. However, Licensor is unable to support multiple versions of the Software. Therefore, when software updates are offered it is the responsibility of the End-User to apply such updates.
6. Information Received
Annotations by the End-User are saved and stored on Licensor’ servers for future access by the End-User. Annotations will be maintained private for each End-User unless Licensor obtains permission from the End-User to share or publish Annotations with third parties or other End Users. However, Licensor shall have the right to disclose, copy, share or otherwise provide access to the End-User’s Annotations if: (i) ordered by a court or government agency; (ii) requested by a government agency conducting an investigation into actual or potential violations of law; (iii) subject to a validly issued subpoena; (iv) if Licensor must defend itself against alleged misconduct or violations of law; or, (v) if Licensor believes, in good faith, that disclosure is necessary to prevent harm to the End-User or any other person, or the public.
7. Copyrights and Intellectual Property.
Licensor does NOT obtain ownership of End-User’s work by storing the Annotations. However, the Annotations saved by the End-User are stored on servers owned or leased by Licensor, so Licensor requires the ability to copy, display, access, store, transfer and distribute these copies, by digital means or any other means, with technology existing or subsequently developed. Therefore, by using the Software and Services and saving Your Annotations, as well as comments or feedback provided to Licensor, You are granting Licensor a limited, nonexclusive, non-royalty-bearing, no-cost, non-revocable license to use, reproduce, copy, publicly display, publicly perform, edit, modify, translate, reformat, access, store, transfer, transmit and distribute the Annotations, with or without having your name attached to such materials, in any manner or form, as necessary in Licensor’ sole discretion to provide, operate, upgrade, distribute and otherwise make use of the Software and the Services. All other rights of authorship under the copyright laws are reserved to the author of the Annotations.
The End-User agrees to not use the Software and Services to infringe or otherwise violate the copyrights or other intellectual property rights of any third parties, and agrees to indemnify and hold harmless Licensor and its principals, employees, members and agents, from any harm or claim by any third party related to the End-User’s actions which constitute, or are alleged to constitute, an infringement or other violation of any third party’s intellectual property rights.
8. Changes to Software and Services.
We may modify, suspend, or discontinue the Software and/or Services, in whole or in part, at any time.
Your rights under this Agreement will automatically terminate if you fail to comply with any term or this Agreement. In case of such termination, you must cease all use of the Software, and Licensor may immediately revoke your access to the Software and Services without refund of any fees. Licensor' failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.
10. Warranties and Disclaimers.
USE OF THE SOFTWARE OR SERVICES IS AT YOUR SOLE RISK. THE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NOTHING IN THIS END USER AGREEMENT GUARANTEES OR IMPLIES THAT THE SOFTWARE AND SERVICES WILL BE AVAILABLE UNINTERRUPTED OR PERFORM ERROR-FREE, AND LICENSOR EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LICENSOR WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY INTERRUPTION OR FAILURE OF THE SOFTWARE AND/OR SERVICE’S OPERATION, NOR WILL LICENSOR BE LIABLE FOR LOSS OF, OR LACK OF ACCESS TO, ANY E-BOOKS OR ANNOTATIONS, EVEN IF SUCH INTERRUPTION OR LOSS WAS DUE TO LICENSOR’S FAULT.
The software currently supports e-books in the EPUB 2 standard format. Licensor cannot guaranty that every file in EPUB format will be fully compatible with the Software. Some e-books may display differently with Licensor’s Software than with other e-book reader software.
Licensor is not responsible for the operation or maintenance of the local network or Internet connections and disclaims any liability related to any service interruptions or problems with the local network accessed by the End-User, or the Internet Service Provider (“ISP”).
Licensor does not guaranty the accessibility, cost or performance of, and disclaims any liability related to, the downloading, installation or operation of third party software required to use the Software or Services.
11. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, LICENSOR SHALL NOT BE LIABLE TO THE END USER FOR ANY OF THE FOLLOWING: (I) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, ARISING FROM OR RELATED TO A BREACH OF THIS AGREEMENT, OR THE INSTALLATION, UNINSTALLATION, OPERATION OR USE OF THE SOFTWARE OR SERVICES, INCLUDING SUCH DAMAGES, WITHOUT LIMITATION, AS DAMAGES ARISING FROM LOST DATA OR PROGRAMMING, LOST REVENUES, LOST PROFITS, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, DAMAGE TO EQUIPMENT, AND CLAIMS AGAINST THE END USER BY THIRD PARTIES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (II) DAMAGES (REGARDLESS OF THEIR NATURE) FOR ANY DELAY OR FAILURE BY LICENSOR TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT DUE TO ACTIONS OF THIRD PARTIES OR ANY CAUSE BEYOND LICENSOR’S REASONABLE CONTROL; (III) DAMAGES FOR ANY UNINTENTIONAL UNAUTHORIZED DISCLOSURE OR RELEASE OF SENSITIVE PERSONAL INFORMATION. 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 YOU. IN ANY CASE, LICENSOR'S AGGREGATE LIABILITY UNDER THIS AGREEMENT, WITH RESPECT TO ANY CLAIM, IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE SOFTWARE AND/OR SERVICES.
12. Governing Law
The interpretation and performance of this Agreement shall be governed by the laws of the State of Washington, USA, without regard to conflicts of laws provisions. The Parties agree that personal jurisdiction and venue for any action related to this Agreement shall lie exclusively in Clark County, Washington, USA, or in the Federal District Court for the Western District of Washington for matters of exclusive federal subject matter jurisdiction, and each Party hereby waives objections to such jurisdiction and venue.
13. Export Regulations
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
14. U.S. Government Rights
The Software and Services are provided to the U.S. Government as "commercial items," "commercial computer software," "commercial computer software documentation," and "technical data," as defined in the U.S. Federal Acquisition Regulation and the U.S. Defense Federal Acquisition Regulation Supplement, with the same rights and restrictions customarily provided to end users.
15. Scope of License
This Agreement constitutes a personal, limited, non-exclusive, revocable license to access and use the Software and Services, solely in accordance with these terms, and End-User may not assign, sublicense or transfer any rights under this Agreement to any other party, including by sale, assignment, lien, security interest, inheritance, assignment for the benefit of creditors, or any other means.