CAMBERMAST LLC SOFTWARE LICENSE AGREEMENT (“AGREEMENT”)
Optical Authoring eBook Toolkit software application
GENERAL LICENSE TERMS
Thank you for choosing the Optical Authoring eBook Toolkit 2016 (“application” or “software”). This is a license agreement between you and Cambermast LLC dba Optical Authoring and OpticalAuthoring.com (“seller”).
This license describes each the rights to use the application. For your convenience, this agreement is in two parts. The first part includes introductory terms; the Additional Terms and Limited Warranty follow and contain greater detail. For purposes of this software license “you”, “your” and “user” shall represent the licensed individual that is using a legal, copy of the application that has been sold by the seller.
You should review the entire agreement, including any linked terms because all of the terms are important and together create this contract that applies to you.
THE ADDITIONAL TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IF YOU LIVE IN THE UNITED STATES, THESE AFFECT YOUR RIGHTS TO RESOLVE A DISPUTE WITH SELLER, AND YOU SHOULD READ THEM CAREFULLY.
BY ACCEPTING THIS AGREEMENT OR USING THE SOFTWARE, YOU AGREE TO ALL OF THESE
TERMS AND CONSENT TO THE TRANSMISSION OF CERTAIN INFORMATION DURING ACTIVATION AND FOR INTERNET-BASED FEATURES OF THE SOFTWARE. IF YOU DO NOT ACCEPT AND COMPLY WITH THESE TERMS, YOU MAY NOT USE THE SOFTWARE OR FEATURES. If you already purchased the product, refer to the Seller’s return policy.
How can I use the Application?
The Seller grants you the right to install and run one copy of the application on one computer (the licensed computer) for use by one person at a time, but only if you comply with all the terms of this agreement.
You may not virtualize the components and install them on different computers. The Application may include more than one version, such as 32-bit and 64-bit, and you may install and use only one version at a time.
The seller’s software license is permanently assigned to you and your computer. Depending on the application license you purchase, you may have limited activations that allow you to install on another computer. These activations are only made available for you to install the application because you are replacing an existing computer or plan to use the application on multiple computers that you own or operate. You may not run the application on more than one computer at the same time. You may not allow others to run the application on your behalf.
Except for the permitted use described under “Remote Access” below, this license is for direct
use of the software only through the input mechanisms of the licensed user, such as a keyboard, mouse, or touchscreen. It does not give permission for installation of the software on a server or use by or through other computers or devices connected to the server over an internal or external network.
The software also is not licensed for commercial hosting.
How do I obtain a backup copy?
When you place your order, a link is provided that gives you the right to download appropriate files. These files may or may not represent the entirety of the product until you install it on your computer.
How does Internet activation work?
Activation associates the use of the software with a specific computer or device. During activation, the software will automatically contact the seller or its affiliate to confirm the license is valid and active. This process is called “activation.”
Activation is meant to identify authorized use of the software, and to prevent unlicensed use of the software otherwise, you have no right to use the software after the time permitted for activation, and you may not bypass or circumvent activation. If you have not entered a license key during the time permitted for activation, features of the software may be limited, or the application may no longer run.
Does the software collect my personal information?
If you connect your computer to the Internet, some features of the software may connect to the seller’s or seller’s service provider’s computer systems to send or receive information. You may not always receive a separate notice when the software connects. If you choose to use any of these features; you agree to send or receive this information when using that feature.
How does the seller use your information?
Seller uses the information it collects through the software features to upgrade or fix the software and otherwise improve our products and services. In certain circumstances, the seller may also share information with others. For example, seller shares error reports with relevant hardware and software vendors, so that they can use the information to improve how their products run with seller’s products. You agree that seller may use and disclose the information.
What does this agreement apply to?
This agreement applies to the software, the media on which you received the software, and also any application updates, supplements, and services for the software unless other terms come with them.
Are there things I’m not allowed to do with the software?
Yes. You may not: use or virtualize features of the software, publish, copy (other than the permitted backup copy), rent, lease, or lend the software; transfer the software (except as permitted by this agreement), attempt to circumvent technical protection measures in the software, reverse engineer, decompile, or disassemble the software, except if the laws where you live permit this even when our agreement does not. In that case, you may do only what your law allows.
When using Internet-based features, you may not use those features in any way that could interfere with anyone else’s use of them, or to try to gain access to any service, data, account or network, in an unauthorized manner.
What about upgrading or converting the software? If you install the software covered by this agreement as an upgrade or conversion to your existing software, then the upgrade or conversion replaces the original software that you are upgrading or converting from. You do not retain any rights to the original software after you have upgraded and you may not continue to use it or transfer it in any way. This agreement governs your rights to use the upgrade software and replaces the agreement for the software from which you upgraded.
Does the application fully support ePub and Kindle standards? The standards by each party change continuously and the seller always seeks to provide the best solution possible. The seller cannot offer all standards, nor can they guarantee your book will accurately convert to ePub or Kindle without your making minor or even significant changes to your original works. Even with modifications, you may make, the features you use in Microsoft Word or the layout you choose may not function or may not look and feel as expected when used in various eBook readers. If your eBook is not converting as expected, you should utilize the appropriate support agreement you acquired when downloading or purchasing the software.
- LICENSE RIGHTS AND MULTI-USER SCENARIOS
- Computer. In this agreement, “computer” means a hardware system (whether physical or virtual) with a storage device capable of running the software. A hardware partition or blade is considered to be a computer.
- Multiple or Pooled Connections. You may not use hardware or software to multiplex or pool connections, or otherwise allow multiple users or multiple computers or devices to access or use the software indirectly through the licensed computer.
- Use in a Virtualized Environment. If you use virtualization software to create one or more virtual computers on a single computer hardware system, each virtual computer, and the physical computer, is considered a separate computer for purposes of this agreement. This license allows you to install only one copy of the software for use on one computer, whether that computer is physical or virtual. If you want to use the software on more than one computer, you must obtain separate copies of the software and a separate license for each copy unless otherwise specified in the GENERAL LICENSE TERMS portion of this agreement.
- Remote access: The user may access the application remotely so long as it is not running on multiple computers at the same time.
- Multi-user exception. As an exception, you may allow others to access the software simultaneously only to provide you with technical support.
BINDING ARBITRATION AND CLASS ACTION WAIVER
- Application. This BINDING ARBITRATION AND CLASS ACTION WAIVER applies to any dispute EXCEPT IT DOES NOT INCLUDE A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, SELLER’S, OR EITHER OF OUR LICENSORS’ INTELLECTUAL PROPERTY RIGHTS. Dispute means any dispute, action, or other controversy between you and seller concerning the software (including its price) or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under the law.
- CLASS ACTION WAIVER. ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR SELLER WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
- Arbitration Procedure, Costs, Fees and Incentives will be paid for by you. The seller may assume their costs.
- Claims or Disputes must be Filed Within 90 days. The 90-day period begins when the claim or dispute first could be filed. If such a claim or dispute is not filed within 90 days, it is permanently barred.
CHOICE OF LAW
Seller only offers the application for sale in the Unites States of America (“USA” or “region”). Your purchase of the product for use in another country waives your rights to any legal disputes.
- More on How Activation Works. During activation, the software will send information about your license over the Internet. This information includes the version (or product ID), license version (or edition), license key of the software and your email address. If you attempt to license the application without an Internet connection, the software will not activate, and you may receive limited — or no — features you purchased from the seller.
- Re-activation. Some changes to your computer components or the software may require re-activation of the software.
- Activation Failure. During online activation, if the licensing or activation functions of the software are found to be counterfeit or improperly licensed, activation will fail. The software will notify you if the installed copy of the software is improperly licensed. Also, your existing license may be revoked.
- Updates and Upgrades. You may only obtain updates or upgrades for the software from the seller or authorized sources. Certain upgrades, support, and other services may be offered only to users of genuine seller software. To identify genuine seller software, verify the software at opticalauthoring.com.
INTERNET-BASED FEATURES; PRIVACY
The following software features use Internet protocols, which send to seller (or its suppliers or service providers) computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the computer where you installed the software. Seller uses this information to make the Internet-based features available to you.
- Consent for Internet-Based Services. In some cases, you will not receive a separate notice when the application connects. In some cases, you may switch off these features or not use them. BY USING THESE FEATURES, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. Seller does not use the information to identify or contact you.
- Customer Support Program (CSP). This software uses CSP. CSP may automatically send seller information about your hardware and how you use this software. Seller does not use this information to contact you. CSP may periodically download a small file to your computer. This file helps seller collect information about problems that you have while using the software. When available, new help information about the errors might also be automatically downloaded.
- Online Features and Content. Features in the software may retrieve online content from the seller and provide it to you. Certain features may also permit you to search for and access information online. Examples of these features include (but are not limited to) online training, templates, online assistance, and help.
- Digital Certificates. The software uses digital certificates. These digital can be used to digitally sign files to verify the integrity and origin of the file contents. The software retrieves certificates and updates certificate revocation lists using the Internet, when available.
- Automatic Update. Software with Microsoft’s Click-to-Run or ClickOnce technology may periodically check with the seller or its providers for updates and supplements to the software. If found, these updates and supplements might be automatically downloaded and installed on your licensed application.
- Use of Information. Seller may use the computer information, error reports, and Malware reports to improve their software and services. Seller may also share it this information with others, such as hardware and software vendors. They may use the information to improve how their products run with seller’s software.
- Misuse of Internet-Based Services. You may not use these services in any way that could harm them or impair anyone else’s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.
PROOF OF LICENSE
- Genuine proof of license. Your proof of license is the email you receive from the Seller or its resellers. Proof of purchase may be subject to verification by the seller.
- LIMITED RIGHTS VERSIONS. Some versions of the software, like special editions or custom solutions full under the entirety of this agreement but may also contain amendments unique to those versions.
ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS
- Third Party Programs. The software may include third party programs that seller, not the third party, licenses to you under this agreement. Notices, if any, for the third party program are included for your information only.
- Trial and Conversion. Some or all of the software may be licensed on a trial basis. Your rights to use trial software are limited to the trial period. The trial software and length of the trial period are set forth the first time you run the software. You may have the option to convert your trial rights. Conversion options will be presented to you at the expiration of your trial period. After the expiration of any trial period without conversion, some or all the features of the trial software will stop running. FREE OR TRIAL SOFTWARE IS LICENSED “AS-IS,” AND YOU BEAR THE RISK OF USING IT. SELLER GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, SELLER EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
- Subscription Software. If you licensed the software on a subscription basis, your rights to use the software are limited to the subscription period. You may have the option to extend your subscription or convert to a perpetual license. If you extend your subscription, you may continue using the software until the end of your extended subscription period. See the software activation screens or other accompanying materials for subscription details. After the expiration of your subscription, most features of the software will stop running.
GEOGRAPHIC AND EXPORT RESTRICTIONS
You may only activate the software only in the region(s) outlined in this agreement. You must also comply with all domestic and international export laws and regulations that apply to the software, which includes restrictions on destinations, end users, and end use.
SUPPORT AND REFUND PROCEDURES
Seller provides limited support services for properly licensed software. If you are seeking a refund, and you cannot obtain one where you acquired the software, contact seller for information about seller’s refund policies.
- ENTIRE AGREEMENT
This agreement (together with any terms accompanying any software supplements, updates, and services that are provided by seller and that you use), and the terms contained in web links listed in this agreement, are the entire agreement for the software and any such supplements, updates, and services (unless seller provides other terms with such supplements, updates, or services). You agree that for each service that is governed by this agreement and also specific terms linked in this agreement, you will read the terms for that service before using the service. You understand that by using the service, you accept this agreement and the linked terms.
This limited warranty does not cover problems that you cause, or that arise when you fail to follow our instructions, or that are caused by events beyond seller’s reasonable control. The limited warranty starts when the first user of your copy of the software acquires that copy and lasts for the period defined by the purchased software version or edition. Any supplements, updates, or replacement software that you may receive from the seller during that period are also covered, but only for the remainder of that period. Transferring the software will not extend the term of the limited warranty. Seller gives no other express warranties, guarantees, or conditions.
SELLER EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IF YOUR LOCAL LAW DOES NOT ALLOW SELLERS EXCLUSION OF IMPLIED WARRANTIES, THEN ANY IMPLIED WARRANTIES, GUARANTEES, OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY AND ARE LIMITED AS MUCH AS YOUR LOCAL LAW ALLOWS. IF YOUR LOCAL LAW REQUIRES A LONGER LIMITED WARRANTY TERM, DESPITE THIS AGREEMENT, THEN THAT LONGER TERM WILL APPLY, BUT YOU CAN RECOVER ONLY THE REMEDIES THAT ARE DESCRIBED IN THIS AGREEMENT.
What if seller breaches any part of this agreement? IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES FROM SELLER, YOU CAN RECOVER ONLY DIRECT DAMAGES UP TO THE AMOUNT THAT YOU PAID FOR THE SOFTWARE. YOU MAY NOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES. The damage exclusions and limitations in this agreement apply even if repair, replacement or a refund for the software does not fully compensate you for any losses or if the seller knew or should have known about the possibility of the damages. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES, SO THOSE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IF YOUR LOCAL LAW ALLOWS YOU TO RECOVER OTHER DAMAGES FROM SELLER EVEN THOUGH THEY DO NOT, YOU CANNOT RECOVER MORE THAN YOU PAID FOR THE SOFTWARE.
You need proof of purchase for service under the limited warranty.
- For limited warranty service or information about how to obtain a refund for software acquired in the United States, contact the seller via email at firstname.lastname@example.org.
- Other Countries. If you acquired the software in a country or region that this agreement does not cover, the seller does not recognize warranties unless otherwise agreed upon through an amendment to this agreement or another, separate legal agreement.
BETA FEATURES (Updated 12/16/2016)
- WARRANTY AND SUPPORT
From time to time, the eBook Toolkit will include beta features. These features will be clearly marked and will never require you use them. If you make use of these beta features, you are aware Optical Authoring may not be able to support you. If you choose to use a beta feature, you agree there are no warranties and no support for these features. Please communicate questions and answers on our user forums. The Optical Authoring team reads all questions and comments, but do not guarantee a response.
It is your responsibility to use beta features carefully, so take all precautions possible. For example:
- Backup your book files before using the beta feature.
- Restart your computer if problems continue.
- Carefully test and verify your eBook on Kindle and ePub readers to make absolutely sure you are comfortable your eBook is ready for production.
- LICENSE AGREEMENT CHANGES
As Optical Authoring releases new beta features, we withhold the right to modify this license agreement at any time, without notice.
- NO FUTURE GUARANTEE
When we update the eBook Toolkit, we are usually adding beta features because we want them to be included as features in the product. You agree and understand that these beta features may never make it into the final product. You also understand that some new features may not be available in the “Version” or “Edition” you own. For example, we may release a beta feature in the Indie Edition of the eBook Toolkit 2016, but may decide to release the final code in the Novelist Edition of a future version. Also, we may release some functionality in the eBook Toolkit for all “Versions” and “Editions”, but the features may be limited based on the “Version” or “Edition” you own.
- LEARN ABOUT BETA FEATURES
To learn more about eBook Toolkit beta features, start here.