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MyLiveBook Terms and Conditions

These Terms and Conditions (the “T&Cs”) set out the terms and conditions for your use of the MyLiveBook site (the “Site”) and your use of the reader software (including any associated documentation and any updates to that software) and the digital content that can be read by that software that we make available for download from the Site (respectively "Software" and "Licensed Content" and together "Products"). These T&Cs also apply to any of the services accessible through any Software or Site (the “Services”), unless separate or additional terms apply, in which case they will be displayed on-screen or accessible via a link.

You agree with and accept these T&Cs as a condition of your use of the Site and Products. If you do not agree with the terms of these T&Cs, do not access or use the Site or Products. We reserve the right to change these T&Cs from time to time. Users of the Site are advised to please refer back to these T&Cs periodically to review any changes we may make from time to time. Users of Products will be notified with the T&Cs being displayed on-screen or with a link to the updated T&Cs when you next start the Software or download new Licensed Content, although no such changes will apply retrospectively. You warrant to us that you have the authority to enter into an agreement with us on the terms of these T&Cs.

Licence and Use

We grant you a limited, nonexclusive, non-transferable licence to access the Site and any of your Products (“Your Content”) for your commercial use.

You may retrieve and display content from the Site or any Product on a computer or other device and store such Product on that device. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, these will be displayed on-screen or accessible via a link ("Other Terms").

You must only use the Site or Product and anything available from the Site or a Product for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

You remain responsible for:

Access to the Site and Products

Products may only be downloaded, accessed and used on a computer or other device owned or controlled by you and running the relevant operating system for which the Product concerned was designed, so you must make sure you have a compatible device that meets all the necessary technical specifications to enable you to download any Product you wish to download and to access and use each downloaded Product.

You will be assumed to have obtained permission from the owner of any computer or other device that is controlled, but not owned, by you to download any Product to that device. You accept responsibility, in accordance with these T&Cs, for all access to, and use of, any Product by you on any device, whether or not it is owned by you.

You acknowledge that the mobile service provider for any mobile device to which you download, or on which you access or use, any Product may charge for internet access on that device.

We may, from time to time, restrict access to certain features, parts or content of the Site or a Product, or the entire Site or Product, to users who have registered with us. You must ensure that any registration details you provide are accurate and you must keep those details accurate and up to date.

If you are provided with, a login ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your login ID and must notify us immediately of any unauthorised use or other security breach of which you become aware. We reserve the right to disable any login ID, at any time, if in our opinion you have failed to comply with any of the provisions of these T&Cs or if any details you provide for the purposes of registering as a user prove to be false.

We cannot and do not guarantee the continuous, uninterrupted or error-free operability of the Site, Services or any Product or that any Site or Product content will respond at a certain speed (since this depends on a number of factors outside of our control). Specific service level agreements between MyLiveBook and an institution or other business entity may be a part of another agreement, and such an SLA would not be bound by this paragraph.

We reserve the right to withdraw or suspend the operation of any Product or the Site, with or without notice to you, if we need to do so for security or legal reasons.

You may, at any time, terminate the rights granted to you under these T&Cs to access and use the Product by uninstalling and deleting your copy of that Product permanently and removing the specific machine activations you have created.

What you are not allowed to do

Except to the extent expressly set out in these T&Cs, you are not allowed to:

All rights granted to you under these T&Cs will terminate immediately in the event that you are in breach of any of them.

Privacy

Use of your personal data submitted to us (via our Site or any Product) is governed by our Privacy & Cookies Policy, which is expressly made part of these T&Cs. If you have not already read our Privacy & Cookies Policy, you should do so now.

Intellectual Property

We license, but do not sell, to you any Product you download. We or the content owners remain the owners of all Products at all times.

All intellectual property rights in any content of the Site, the Licensed Content, and in each Product and its Content, are owned by MyLiveBook or our licensors. Except as expressly set out herein, where necessary for viewing the Content on the Site or your browser, or as permitted by applicable law which may not be excluded or limited, nothing in these T&Cs gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading the Site or any Product or any of its content.

In the event you print off, copy or store pages from the Site (only as permitted by the “License and Use” section of these T&Cs), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

The Software may contain code, commonly referred to as open source software, which is distributed under any of the many known variations of open source licence terms, including terms which allow the free distribution and modification of the relevant software’s source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor (collectively, "Open Source Software"). Please note that, to the extent that any Software contains any Open Source Software, that element only is licensed to you under the relevant licence terms of the applicable third-party licensor ("Open Source License Terms") and not under these T&Cs, and you accept and agree to be bound by such Open Source License Terms. A copy of the source code for any Open Source Software contained in any Software and the relevant Open Source License Terms will be made available to you upon request.

Content

We may change the format and Content of the Site from time to time without notice. We reserve the right to change the design, features and/or functionality of any Product or Service by making the updated Product or Service available for you to download or, where your device settings permit it, by automatic delivery of updates. You are not obliged to download any updated Product or Service, but we may cease to provide and/or update content to prior versions of any Product or Service and, depending on the nature of the update, in some circumstances you may not be able to continue using a Product or Service until you have downloaded the updated version.

Since electronic services are subject to interruption and breakdown, you agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk. You also agree that downloading, accessing and use of any Product or Service that is made available for download free of charge are on an 'as is' and 'as available' basis and at your sole risk.

We may, but are not obliged to, make updates available to any Product or Service or its content and we may cease to make such updates available at any time, with or without notice to you.

Whilst we try to make sure that all Content and other information contained on the Site or made available through any Product or Service of which we are the source is correct, the Content is provided for convenience only and is not intended to amount to authority or advice on which reliance should be placed. You acknowledge that Products may make content available which is derived from a number of sources, for which we are not responsible. Parts of the Site, Product or Service may not be correct, accurate, reliable, complete or up to date from time to time. You should check with us or the relevant information source and make any other appropriate enquiries before acting on any such information, and notify us if you notice any inaccurate, incomplete or out of date Content on the Site or in a Product or Service.

We cannot and do not guarantee that any content of the Site or any Product or Service and its content will be free from viruses or other code that may have contaminating or destructive elements, or that access to the Site, Products or Service will function as intended or be uninterrupted. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security protections) to satisfy your particular requirements as to the safety and reliability of the Site, any Product or Service.

Third-party links and tools

The Site and certain Products may, from time to time, include links to external sites or applications owned, operated or produced by third-party organisations independent of us, which may include links to third-party offers and promotions. We include these for convenience only, to provide you with access to information, products or services that you may find useful or interesting. We have not verified and are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement, sponsorship or recommendation of, or association with, their operators or promoters or any materials on them.

Certain tools, devices, software programs or other features available on or through the Site or Products may be provided by third parties. These tools are provided or made available as a convenience to you. These tools are not owned or operated by us and we are not responsible for examining the content, availability, accuracy, adequacy, timeliness, validity, copyright compliance, legality, decency, quality, completeness or any other aspect of these tools.

Our Liability

Nothing in these T&Cs is intended to limit or exclude our liability to you:

Subject to the above, in no event shall we be liable to you for:

If you suffer any loss in connection with the Site or Product, you must take all reasonable steps to minimise your loss, including notifying us without delay if there are steps we can take to help minimise your loss. Any liability we do have for losses you suffer shall not, in aggregate, exceed the total fees paid by you for the relevant paid-for Product in respect of which the liability arises.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MYLIVEBOOK BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY CLAIMS FOR LOST PROFITS, BUSINESS INTERRUPTION, INABILITY TO STUDY, TEACH OR LEARN, LOST INFORMATION OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE MYLIVEBOOK PRODUCT. IN ALL EVENTS, MYLIVEBOOK’S SOLE OBLIGATION OR LIABILITY UNDER THIS AGREEMENT IN THE AGGREGATE IS THE REPLACEMENT OR REPAIR OF THE MEDIA ON WHICH THE MYLIVEBOOK PRODUCT IS PROVIDED OR A REFUND OF THE PURCHASE PRICE PAID FOR THE MYLIVEBOOK PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE.

EXCEPT AS SET OUT HEREIN, THE MYLIVEBOOK PRODUCTS ARE FURNISHED BY MYLIVEBOOK TO YOU ON AN "AS IS" AS-AVAILABLE BASIS. ALL WARRANTIES OF ANY TYPE NOT EXPRESSLY STATED IN THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED BY MYLIVEBOOK AND ITS LICENSORS. NO REPRESENTATION OR DEMONSTRATION SHALL CONSTITUTE A WARRANTY OF THE MYLIVEBOOK PRODUCT UNLESS EXPRESSLY INCORPORATED IN THIS AGREEMENT.

General

You may not transfer or assign any or all of your rights or obligations under these T&Cs.

All notices given by you to us must be given in writing to the address set out at the end of these T&Cs.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these T&Cs is found to be unenforceable, all other provisions shall remain unaffected.

These T&Cs may not be varied except with our express written consent.

These T&Cs and the Other Terms represent the entire agreement between you and us in relation to their subject matter.

These T&Cs shall be governed by the laws of England and Wales and you agree that the courts of England & Wales (and courts of appeal from them) have exclusive jurisdiction to resolve any disputes arising under or in connection with these T&Cs. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any court of competent jurisdiction.

Termination

We may terminate, disable, lock, block or suspend your access to the Site or any Product if you fail to comply, or if we suspect on reasonable grounds that you have failed to comply, with any of the T&Cs. In the event of such termination, you must cease all use of the Site and/or Product, and MyLiveBook may immediately revoke your access to the Site and/or Product.

All provisions which by their nature survive termination will survive the termination of these T&Cs.

Contacting Us

If you have any questions, comments or requests regarding these Terms and Conditions, please contact us by email using the following email address

support@mylivebook.com