End user agreement for ReadPal Reader
END-USER LICENSE AGREEMENT FOR READPAL SOFTWARE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS WARRANTY AND LIABILITY LIMITATIONS THAT MAY APPLY TO YOU.
Please print and keep a copy of this document.
The READPAL, READPAL FREE, READPAL READER, READPAL PRO and READPAL SPEED software systems (the “Software”) are created, designed, owned and marketed by Cucoco Limited (“Cucoco”) a company registered under the laws of the Republic of Ireland. To become a user of any of the Software or any upgrade or derivation thereof, Cucoco requires that you abide by the terms and conditions of use contained in this End User License Agreement (the “EULA”).
BY DOWNLOADING, COPYING OR USING THE SOFTWARE YOU ACCEPT AND AGREE TO BE BOUND BY ALL OF THE PROVISIONS OF THIS EULA. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY OR USE ANY OF THE SOFTWARE. YOU MAY RETURN THE UNUSED AND/OR UNOPENED SOFTWARE, AS THE CASE MAY BE, TO CUCUCO WITHIN THIRTY (30) DAYS OF RECEIPT FOR A FULL REFUND, WHERE APPLICABLE.
Cucoco reserves the right to add to, change or otherwise update the contents of the EULA at any time. It is your responsibility to refer to and comply with the most current version of the EULA by accessing www.readpal.com.
1. GRANT OF LICENSE
1.1. Cucoco grants you a license to use and install the a single copy of one of the Software products subject at all times to the terms and conditions hereinafter contained in this EULA:
1.1.1. You shall be entitled to install and use a copy of one of the Software products on one computer or as an alternative to the foregoing install a copy of one the Software products on a network storage device, such as a server computer, and allow one personal computer to access and use that licensed copy of the respective Software over a private network. A license to the Software must be obtained for each additional device that accesses and uses the Software installed on the network storage device. You are entitled to keep one copy of the Software as backup to the installed Software.
1.1.2. You are HEREBY EXPRESSLY PROHIBITED from:
using any of the Software, or any part thereof, on or in connection with mobile telephones, PDA’s (Personal Digital Assistant) or on or in connection with any new technologies yet to be designed;
selling, licensing, distributing, marketing or using copies of the Materials or the Software, or any part thereof (including the user manuals for the Software), for any commercial purposes or to express or imply any endorsement of any product, service, entity or activity;
authorizing any third party any rights to license, sell, market, distribute, copy or use the Materials or the Software, or any part thereof (including the user manuals for the Software), for any purpose whatsoever;
using the Materials or the Software, or any part thereof (including the user manuals for the Software), for any purpose or do any act which would or might infringe any of the Cucoco IP Rights or that of Cucoco’s suppliers;
using remote access technologies or devices to access and use any of the Software; and/or
(vi) using the Materials or the Software, or any part thereof, to create, publish, post, upload, transmit, disseminate or endorse any message, data, information, text, name, software, graphics, files materials or other content that is unlawful, libellous, defamatory, profane, obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights or for any other unlawful purpose.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
2.1 There are technological measures in the Software designed to prevent unlicensed use of or access to the Software. You may not be able to exercise your rights to the Software under this EULA after a finite number of product launches unless you activate your copy of the Software in the manner described during the launch sequence. You may also need to reactivate the Software if you modify your computer hardware or alter the Software. Cucoco will use those measures to confirm you have a legally licensed copy of the Software. If you are not using a licensed copy of the Software, you are not allowed to install the Software or future Software updates. Cucoco will not collect any personally identifiable information from your device during this process.
2.2 You may not use any of the Internet-based services as may be provided by Cucoco from time to time in support of or in relation to the Software in any manner that could damage, disable, overburden, or impair such services or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any service, account, computer systems or networks associated with such Internet-based services.
3. INTELLECTUAL PROPERTY RIGHTS
3.1. You expressly acknowledge and agree that the Software and the user manuals for the Software contain information, text, files, software, applications, code, hidden text, databases, pictures, photographs, video footage, graphics, music, sounds and other material (the “Materials”) that are protected by copyright, trade marks, trade secrets, patents, designs or other proprietary rights (the “Intellectual Property Rights”), that these Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later and that all right, title and interest in and to the Materials and the Software (and the user manuals for the Software) and all Intellectual Property Rights therein are and shall always remain the exclusive property of Cucoco (the “Cucoco IP Rights”). Any unauthorised use of the Materials, Software (including the user manuals for the Software) or the Cucoco IP Rights shall constitute a breach of this EULA and an infringement of Cucoco’s Intellectual Property Rights. Cucoco reserves its right to prosecute any and all infringing parties to take such action which Cucoco, in its sole discretion, deems appropriate to protect its Intellectual Property Rights and otherwise assert its statutory rights.
3.2. To the extent that the Materials or the Software includes any material, information or documentation by means of reference or which is outside the control of Cucoco (“Third Party Materials”), the ownership of any such Third Party Materials and any intellectual property rights therein, shall be vested in the respective legal and beneficial owners of the same. Except to the extent contemplated for your personal and/or educational use, nothing in this EULA purports to grant any right or permission to copy, reproduce, distribute, republish, transfer, license or sell such Third Party Materials; such permission must be sought separately from the owners of the Third Party Materials.
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY
4.1. You may not reverse engineer (or attempt to reverse engineer), decompile, or disassemble any of 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
5.1. You may not rent, lease, lend or provide commercial hosting services with the Software.
6. CONSENT TO USE OF DATA
7. LINKS TO THIRD PARTY SITES
7.1. Cucoco is not responsible 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. The links and access to third-party sites and services are provided to you merely as a convenience, and the inclusion of any link or access does not imply an endorsement by Cucoco of the third-party site or service or any of the views or opinions expressed therein.
8. ADDITIONAL SOFTWARE/SERVICES
8.1. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that Cucoco 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.
9. SEPARATION OF COMPONENTS
9.1. The Software is licensed as a single product. Its component parts may not be separated for use on more than one device.
10. SOFTWARE TRANSFER
10.1. You may transfer your copy of the Software to a different personal computer provided that you completely remove the Software from the former computer immediately after the transfer.
11.1. Without prejudice to any other rights, Cucoco 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 FOR THE SOFTWARE
12.1. Cucoco warrants that the Software will perform substantially in accordance with the accompanying materials for a period of six months from the date of receipt. Any supplements or updates to the Software, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the six month Limited Warranty period are not covered by any warranty or condition, express or implied. This does not affect your statutory rights.
12.2. If an implied warranty or condition is created by your jurisdiction/state and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (SIX MONTHS). AS TO ANY DEFECTS DISCOVERED AFTER THE SIX MONTH PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some jurisdictions/states do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.
12.3. LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Cucoco or as may be required by law, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if any of the Software does not meet Cucoco's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of clause 13.3 are also incorporated into this Limited Warranty. Some jurisdictions/states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from jurisdiction/state to jurisdiction/state. YOUR EXCLUSIVE REMEDY. Cucoco's and its suppliers' entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the Software shall be, at Cucoco's option from time to time exercised subject to applicable law, (a) subject to the provisions of clause 12.4., return of the amount paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to Cucoco within the Limited Warranty period with a copy of your receipt. You will receive the remedy elected by Cucoco without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software to Cucoco). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and Cucoco will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with Cucoco's warranty remedy procedures. Outside the United States or Canada, neither these remedies nor any product support services offered by Cucoco are available without proof of purchase from an authorized international source. All claims under this warranty should be directed to Cucoco Limited, Unit 4, Campus Innovation Centre, National UNiversity of Ireland, Galway, Upper Newcastle, Galway, Co. Galway, Ireland. Telephone: +353-91-589077. Email: firstname.lastname@example.org . For the purpose of this clause 12, time shall be deemed to be of the essence.
12.4. RIGHT TO CANCEL/REFUNDS. Any buyer, being an individual consumer within the European Union, who purchases a license to any of the Software by telephone, e-mail, fax, mail order or through the medium of the Internet shall in accordance with the European Directive on Distance Selling, as incorporated into Irish law by S.I. 27 of 2001, be entitled to a cooling-off period of seven (7) days from the date of ordering the services for the Software to cancel the order and return the Software to Cucuco for a full refund. Your right to cancel the order within the foregoing seven (7) day period for a full refund shall be lost if you elect to activate, download and/or use the Software. This does not affect your statutory rights.
13. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
13.1. The Limited Warranty that appears 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. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Cucoco and its suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of 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, correspondence to description or non-infringement with regard to the Software.
13.2. LIMITATION OF LIABILITY AND REMEDIES. You expressly agree that your use of the Software is at your sole risk. Cucoco shall in no event be liable for any activity or liability to the extent that results from any unauthorised, prohibited or unlawful use of the Software, or any part thereof, or howsoever arising from any breach of this EULA by you. 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 Cucoco 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 Cucoco 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 up to the amount actually paid by you for the Software.
13.3. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. IN NO EVENT SHALL CUCOCO OR ITS 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, INFORMATON, 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 CUCOCO OR ANY SUPPLIER, AND EVEN IF CUCOCO OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.4. All of the foregoing limitations, exclusions and disclaimers set out in this clause 13 shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
14. INDEMNIFICATION BY YOU
14.1. You hereby agree to fully defend, indemnify and hold harmless Cucoco from any and all claims and expenses howsoever arising including reasonable attorney’s fees, related to any violation of this EULA by your use of the Software, the Materials or the Third Party Materials or in connection with the placement or transmission by you of any material using the Software, except as expressly authorised in this EULA.
15. ENTIRE AGREEMENT
15.1. This EULA (and all documents referred to herein or as may be revised or amended by Cucoco from time to time) is the entire agreement between you and Cucoco 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 Cucoco policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall prevail.
16.1. Headings in this EULA are for your convenience only and do not have any legal meaning or effect.
17.1. All the terms and provisions of this EULA are distinct and severable, and if any term or provision is held unenforceable, illegal or void in whole or in part by any court, regulatory authority or other competent authority it shall to that extent be deemed not to form part of this EULA, and the enforceability, legality and validity of the remainder of this EULA will not be affected.
18. NO WAIVER
18.1. Any failure or neglect by Cucoco to enforce at any time any of the provisions hereof shall not be construed or deemed to be a waiver of Cucoco’s rights hereunder and shall not in any way affect the validity of the whole or any part of this EULA nor prejudice Cucoco’s rights to take subsequent action.
19. APPLICABLE LAW
19.1. This EULA is governed by the laws of the Republic of Ireland and the parties hereby submit to the exclusive jurisdiction of the Irish courts.
20.1. Cucoco reserves the right to change any or all aspects of the Cucoco owned properties (including site content, software, prices, etc.) at any time and without notice to you.
20.2. This EULA is personal to you and you may not assign, transfer or delegate your rights or obligations under this EULA to anyone.
24.3 You acknowledge that Cucoco will be irreparably harmed by any breach of this EULA by you or by your unauthorised use of the any of the Software and/or the Materials and further that monetary damages may not be a sufficient remedy for such harm. You agree that Cucoco shall be entitled, without waiving any other rights or remedies and without further demonstration of irreparable harm or the inadequacy of monetary damages, to obtain injunctive or other equitable relief in the event of any breach of this EULA by you or by your unauthorised use of the Software and/or the Materials.
21. CONTACT US
21.1. Should you have any questions regarding the Software or any of the terms and conditions governing its use, please contact us at email@example.com or at Cucoco Limited, Unit 4, Campus Innovation Centre, National University of Ireland, Galway, Upper Newcastle, Galway, Co. Galway, Ireland.
© 2005 Cucoco Limited. All rights reserved.