EULA (End User Licence Agreement)
KoodibooK Studio
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement
between you (either an individual or a single entity) and KoodibooK Limited, 5 Bartlett
Street, Bath. UK. BA1 2QZ (“KoodibooK”), that governs your use of the KoodibooK
software (the "Software") and the Internet-based publishing and ordering services
(the "Services") available at the KoodibooK Website. YOU AGREE TO BE BOUND BY THE
TERMS OF THIS EULA BY INSTALLING, COPYING, OR USING THE SOFTWARE. IF YOU DO NOT
AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE. THIS SOFTWARE IS PROVIDED FREE
OF CHARGE. Your agreement with KoodibooK will also include the terms of use (http://www.koodibook.com/TermsOfUse)
of the KoodibooK website at http://www.koodibook.com and the privacy policy at http://www.koodibook.com/Privacy.
The current versions of these documents shall be deemed to be incorporated into
this EULA. These documents may be amended by KoodibooK at any time. 1. GRANT OF
LICENSE. KoodibooK grants you the following rights provided that you comply with
all terms and conditions of this EULA:
1.1 Installation and use. A limited, personal, non-commercial, non-exclusive, non-sublicensable,
non-assignable, free of charge license to download, install and use the Software
on your computer, phone or PDA for the sole purpose of personally using the Services
provided by KoodibooK and any other applications that may be explicitly provided
by KoodibooK.
1.2 License Grant for Documentation. Documentation that accompanies the Software
(if any) is licensed for non-commercial reference purposes only.
2. RIGHTS AND LIMITATIONS.
2.1 You may not use any KoodibooK services associated with the Software in any manner
that could damage, disable, overburden, or impair such services or interfere with
any other party's use and enjoyment thereof. You may not attempt to gain unauthorized
access to any service, account, computer systems or networks associated with the
Internet-based services.
3. RESERVATION OF RIGHTS AND OWNERSHIP.
3.1 KoodibooK reserves all rights not expressly granted to you in this EULA. The
Software is protected by UK copyright law and other intellectual property laws and
treaties. KoodibooK owns the title, copyright, and other intellectual property rights
in the Software.
3.2 THE SOFTWARE IS LICENSED TO YOU, NOT SOLD. This EULA does not grant you any
rights to trademarks or service marks of KoodibooK.
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not,
modify, reverse engineer, decompile, or disassemble the Software, except and only
to the extent that such activity is expressly permitted by applicable law notwithstanding
this limitation.
5. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial
hosting services with the Software.
6. CONSENT TO USE OF DATA. You agree that KoodibooK and its affiliates may collect
your personal information in accordance with the KoodibooK Privacy Policy (http://www.koodibook.com/Privacy).
7. LINKS TO THIRD PARTY SITES.
7.1 The Software may allow you to access third party websites ("Third Party Sites").
Your access to and use of any Third Party Sites, including any goods, services or
information made available from such sites, is governed by the terms and conditions
found at each Third Party Site, if any. Third Party Sites are not owned or operated
by KoodibooK.
7.2 Your use of all content including but not limited to images and fonts obtained
from Third Party Sites is subject to the limitations of copyright law and you may
not utilize any content obtained from Third Party Sites without the express permission
of the copyright owner. You hereby (a) represent and warrant that you have obtained
the permission of the copyright owner with respect to each such image and (b) that
you will indemnify and defend KoodibooK from and against any claims or lawsuits,
including attorneys' fees that arise or result from your use or distribution in
any manner of images obtained from Third Party Sites.
7.3 KoodibooK is not responsible or liable for the contents of any Third Party Sites
or services, any links contained in Third Party Sites or services, or any changes
or updates to Third Party Sites or services. KoodibooK may provide these links and
access to Third Party Sites and services only as a convenience to you and the inclusion
of any link or access does not imply an endorsement by KoodibooK of the Third Party
Sites or service.
7.4 YOUR USE OF THE THIRD PARTY SITES IS AT YOUR OWN RISK. KOODIBOOK MAKES NO WARRANTIES,
CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY
STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING
BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY,
SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE WITH RESPECT TO THE THIRD PARTY SITES.
8. ADDITIONAL SOFTWARE/SERVICES.
8.1 This EULA applies to updates, supplements, add-on components, or Internet-based
services components of the Software that KoodibooK may provide to you or make available
to you after the date you obtain your initial copy of the Software, unless they
are accompanied by separate terms.
8.2 KoodibooK reserves the right to discontinue Internet-based services provided
to you or made available to you through the use of the Software.
9. EXPORT RESTRICTIONS. You agree to comply with all applicable international and
national laws that apply to the Software as well as end-user, end-use, and destination
restrictions issued by the UK and other governments.
10. SEPARATION OF COMPONENTS. The Software is licensed as a single product. Its
component parts may not be separated for use on more than one device.
11. TERMINATION. Without prejudice to any other rights, KoodibooK may terminate
this EULA if you fail to comply with the terms and conditions of this EULA. In such
event, you must destroy all copies of the Software and all of its component parts.
12. LIMITED WARRANTY.
12.1 Where the Software is provided to you free of charge, it is provided “as is”
with no warranties whatsoever and you acknowledge and agree that KoodibooK will
have no liability in connection with or arising from your use of the Software. Your
only right or remedy with respect to any problems or dissatisfaction with the Software
is to immediately de-install and cease use of such Software.
12.2 Where you have paid for the premium or professional versions of the Software,
KoodibooK warrants that the Software will perform substantially in accordance with
the accompanying materials for a period of ninety (90) days from the date of receipt
(the "Limited Warranty").
13. YOUR EXCLUSIVE REMEDY. KoodibooK's entire liability and your exclusive remedy
for any breach of the Limited Warranty or for any other breach of this EULA or for
any other liability relating to the Software shall be, at KoodibooK's option from
time to time exercised subject to applicable law, repair or replacement of the Software
that does not meet this Limited Warranty. You will receive replacement Software
without charge, except that you are responsible for any expenses you may incur without
prior agreement (in writing) of KoodibooK. This Limited Warranty is void if failure
of the Software has resulted from accident, abuse, misapplication, abnormal use
or a virus. Any replacements will be warranted for the remainder of the original
warranty period or thirty (30) days, whichever is longer, and KoodibooK will use
commercially reasonable efforts to provide replacements within a commercially reasonable
time. To make a warranty claim hereunder, contact: KoodibooK Limited, 5 Bartlett
Street, Bath. UK. BA1 2QZ.
14. DISCLAIMER OF IMPLIED WARRANTIES.
14.1 The Limited Warranty that appears in Section 12.2 above is the only express
warranty made to you and is provided in lieu of any other express warranties or
similar obligations (if any) created by any advertising, documentation, packaging,
or other communications.
14.2 EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, KOODIBOOK PROVIDES THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH
ALL FAULTS, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY
OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES,
AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF
OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED
CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE.
THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION OR
NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
15. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. To the maximum
extent permitted by applicable law, in no event shall KoodibooK, including any of
its affiliates or suppliers, be liable for any special, incidental, punitive, indirect,
or consequential damages whatsoever (including, but not limited to, damages for
loss of profits or confidential or other information, for business interruption,
for personal injury, for loss of privacy, for failure to meet any duty including
of good faith or of reasonable care, for negligence, and for any other pecuniary
or other loss whatsoever) arising out of or in any way related to the use of or
inability to use the software, the provision of or failure to provide support or
other services, information, software, and related content through the software
or otherwise arising out of the use of the software, or otherwise under or in connection
with any provision of this EULA, even in the event of the fault, tort (including
negligence), misrepresentation, strict liability, breach of contract or breach of
warranty of KoodibooK or any of its affiliates or suppliers, even if advised of
the possibility of such damages.
16. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might
incur for any reason whatsoever (including, without limitation, all damages referenced
herein and all direct or general damages in contract or anything else), the entire
liability of KoodibooK and any of its suppliers under any provision of this EULA
and your exclusive remedy hereunder (except for any remedy of repair or replacement
elected by KoodibooK with respect to any breach of the Limited Warranty) shall be
limited to the greater of the actual damages you incur in reasonable reliance on
the Software, but shall in no event exceed the policy limit of KoodibooK’s insurance
coverage for any such event. The foregoing limitations, exclusions and disclaimers
(including Sections 12, 13, 14, 15 and 16) shall apply to the maximum extent permitted
by applicable law, even if any remedy fails its essential purpose.
17. APPLICABLE LAW. This EULA shall be governed by and construed in accordance with
the laws of England.
18. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment
to this EULA which is included with the Software) is the entire agreement between
you and KoodibooK relating to the Software and the support services (if any) and
they supersede all prior or contemporaneous oral or written communications, proposals
and representations with respect to the Software or any other subject matter covered
by this EULA. To the extent the terms of any KoodibooK policies or programs for
support services conflict with the terms of this EULA, the terms of this EULA shall
control. If any provision of this EULA is held to be void, invalid, unenforceable
or illegal, the other provisions shall continue in full force and effect.


