LICENSED APPLICATION END USER LICENSE AGREEMENT ATTENTION: READ THIS BEFORE INSTALLING THE SOFTWARE.
This End-User License Agreement (“EULA”) is a legal agreement between you, either an individual person or a single entity, and Deseret Book Company for the proprietary software application that accompanies this EULA, which includes software and may include associated media, printed materials, “online” or other electronic documentation, and telephone-based or on-site technical support services (any such materials or services collectively, the “Program”).
A written amendment or addendum to this EULA may accompany the Program. The terms also apply to any updates (including but not limited to bug fixes, patches, updates, enhancements, new versions, and successors to the software, collectively called “Updates”) or additional services that Deseret Book Company may provide in connection with the Program, unless other terms accompany those items. If so, those other terms apply.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE PROGRAM. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE. YOUR INSTALLATION OF THIS SOFTWARE ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION AND USE OF CERTAIN STANDARD COMPUTER INFORMATION AND DESERET BOOKSHELF PRODUCT INFORMATION AND TO THE AUTOMATIC DOWNLOADING AND INSTALLATION OF DESERET BOOKSHELF PRODUCT FIRMWARE UPDATES ON YOUR COMPUTER OR YOUR DESERET BOOKSHELF PRODUCT.
By using the Deseret Bookshelf app, you as the user of this Service and its content ("User") agree to the following terms:
The books, audio and other formats of material ("Products") available through the Deseret Bookshelf app ("Service") are licensed and/or sold to User for use only under the terms of this Agreement, unless a Product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Users acceptance of that separate license agreement. All Products remain in copyright and are protected by copyright laws of the United States. Deseret Book Company, on behalf of the copyright holder, reserves all rights not expressly granted to User. The Service that is subject to this license may also be referred to herein as the "Licensed Application."
a. Scope of License: This license, granted to User for the Licensed Application by Deseret Book Company, is limited to a non-transferable license to use the Licensed Application on any Device (e.g. iOS, Android, Amazon Kindle) that User owns. This license does not allow User to use the Licensed Application on any Device that User does not own, and User may not distribute or make the Licensed Application available over a network where it could be used by additional parties. Personal account information may not be shared so as to allow others access to Users account. The sharing of personal account information is a breach of this License Agreement and Licensor reserves the right to terminate Users account upon any such misuse of Users personal account information to and with any third party. User may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. 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, its content, 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 Deseret Book Company and its licensors. If User breaches this restriction, User may be subject to prosecution and damages. The terms of this License Agreement will govern any updates provided by Deseret Book Company that replace and/or supplement the original Product and/or Services, unless such update is accompanied by a separate license in which case the terms of that license will govern.
b. Consent to Use of User Data: User agrees that Deseret Book Company may collect and use technical data and related information, including but not limited to technical information about Users device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product improvement, debugging, product support and other services to User (if any) related to the Licensed Application. Deseret Book Company may use this information to improve its products or to provide services or technologies to User. Any personal data that may be collected in this process is encrypted and secured and is not shared or sold to any third party. Deseret Book Company"s privacy policy may be viewed here: https://deseretbook.com/privacy.
c. Termination. The license is effective until terminated by User or Deseret Book Company. User"s rights under this license will terminate automatically without notice from the Deseret Book Company if User fails to comply with any term(s) of this license. Upon termination of the license, User shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
d. Services; Third Party Materials. The Licensed Application may enable access to Deseret Book Company and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that User accept additional terms of service.
Although Deseret Book Company will use industry approved advertising filters, User understands that by using any of the Services, User 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, User agrees to use the Services at Users sole risk and that the Deseret Book Company shall not have any liability to 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, User acknowledge and agree that the Deseret Book Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Deseret Book Company does not warrant or endorse and does not assume and will not have any liability or responsibility to User or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to User. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, User should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Deseret Book Company, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
User agrees that the Service contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that User will not use such proprietary content, information or materials in any way whatsoever except for as permitted within use of the Services. No portion of the Services may be reproduced in any form or by any means excepted as used within the Service. User agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and User shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. User further agrees not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Deseret Book Company is not in any way responsible for any such misuse by User, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that User may receive as a result of using any of the Services.
In addition, Third Party Services and Third Party Materials that may be accessed from, displayed on or linked to from Users Device are not available in all languages or in all countries. Deseret Book Company makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent User choose to access such Services or Third Party Materials, User does so at Users own initiative and is responsible for compliance with any applicable laws, including but not limited to applicable local laws. Deseret Book Company, and its licensors, reserves the right to change, suspend, remove, or disable access to any Services and/or Third Party Materials at any time without notice. In no event will Deseret Book Company be liable for the removal of or disabling of access to any such Services and/or Third Party Materials including but not limited to User Third Party Material. Deseret Book Company may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
e. NO WARRANTY: USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE LICENSED APPLICATION IS AT USERS SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH USER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DESERET BOOK COMPANY 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. DESERET BOOK COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH USERS ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION WILL MEET USERS 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 DESERET BOOK COMPANY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, 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 USER.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL DESERET BOOK COMPANY 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 USERS USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF DESERET BOOK COMPANY HAS 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 USER. In no event shall Deseret Book Company"s total liability to 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.
g. User 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.
h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. "2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. "12.212 or 48 C.F.R. "227.7202, as applicable. Consistent with 48 C.F.R. "12.212 or 48 C.F.R. "227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Users use of this Licensed Applications constitutes Users acknowledgement and acceptance of these conditions.
Copyright (c) 2011-2016, Deseret Book Company. All Rights Reserved.