My Book Of Photos 1004.6.3.1

EULA - End User License Agreement

End User License Agreement (“EULA”)
Important - please read these terms carefully before installing or using the Software (as defined below) on your computer. By installing and using the Software you acknowledge having read the terms set out below and you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you have no permission to install and use the Software.

1. Grant of License
You are granted a limited, non-exclusive, non-commercial, non sub licensable, non-assignable, free of charge license to download, install and use the MY Book Of Photos Editor software (the “Software”) on your computer, for personal purposes only. The Software is made available through the www.mybookofphotos.com website and is distributed in connection with this EULA.

2. Ownership
You acknowledges and agree that the ownership of the Software, the documentation and intellectual property rights associated therewith unconditionally belong to and remain with us. You therefore have no right, title or interest in the Software, documentation and intellectual property rights associated therewith. You do not purchase the Software but only obtain a license to use it under the conditions stipulate in this EULA. You do however have the right to use the Software so long as you fully observe the terms of the EULA. Any other use of the Software by any individual, enterprise, organization, government body or any other entity is strictly prohibited and is in violation of this EULA. You may not derive any property rights from the Software and shall not take any other action to jeopardize, limit or interfere with any of our rights regarding the Software, documentation and intellectual property rights associated therewith.

3. Limitations
You are not permitted to lend, sell, borrow, rent, lease, distribute, sublicense, modify or otherwise grant rights to third parties with regard to the Software or manufacture any derivative products based on the Software or any part of it, or otherwise exploit the Software other than for your personal use. Nor are you permitted to apply any form of analysis to the Software by means of "reverse engineering", decompiling, disassembling, translating or adapting the Software nor may you attempt to recover the source code from the object code of the Software, unless to the extent explicitly permitted by applicable and mandatory law . You do not have permission to distribute the Software among networks and between instruments yourself. You are not permitted to reproduce, store in an automated data file or send in any form whatsoever any single component of the documentation, with the exception of the stipulations in the grant of license, without My Book Of Photos LLC express written consent. Furthermore, without our prior written consent, you may not incorporate, or let others incorporate, the Software, in part or in whole, into any other program.

4. New version of the Software
We, at our sole discretion, reserve the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Software. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the Software. You also agree that you may have to enter into a renewed version of this EULA, in the event you want to download, install or use a new version of the Software.

5. Disclaimer of Warranty
You expressly acknowledge and agree that use of the Software is at your sole risk. The Software is supplied "as is". To the maximum extent permitted by law, we disclaim all warranties, claims and representations either express, implied or statutory, including without limitation, warranties in respect of quality, performance, non-infringement, merchantability or fitness for a particular purpose. We furthermore do not represent or warrant that the Software will function uninterrupted or run free of defects and faults. Nor do we represent or warrant that any faults and defects will be remedied and that the Software will function on a specific platform. Some jurisdictions do not allow the disclaimer of particular implied suppositions. If this may be the case, the stipulations concerned do not apply to you.

6. Limitation of liability
In no circumstances will we be liable for any indirect, incidental, special or consequential damages of you or any third party (including without limitation, loss of data, interruption, loss of turnover, loss of profits, business interruption and the loss of business information), arising out of the use of or inability to use the Software, even if we have been advised of such damages. Your only right or remedy with respect to any problems or dissatisfaction with the Software is to uninstall and cease use of the Software.

7. Representations and indemnities
You represent and warrant that you shall comply with the terms of this EULA. Furthermore, you represent and warrant that you will at any and all times meet with your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the Software. You agree to indemnify, defend and hold My Book Of Photos LLC., its affiliates and its staff harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by said parties, in connection with or arising out of your (a) violation or breach of any term of this EULA or any applicable law, regulation, policy or guideline, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or misuse of the Software, or (d) the content spread by means of the Software.

8. Photo albums, Calendars and Photo Books
The content spread by the use of the Software is entirely your responsibility. Neither we nor our business partners may be held liable for the contents stored or distributed on or through the Software, including but not limited to the content in the photo albums, birthday calendars and booklets of photos. You are obliged to take care that the use, the content and the distribution of files, photos and pictures are in accordance with the applicable statutory provisions in your country and do not infringe on any third party (intellectual property) rights.

9. Export limitations in the Software versions intended for the United States of America
You acknowledge that this EULA may be subject to any laws, stipulations and other limitations regarding the import or export of the Software or information regarding the Software, including but not limited to export laws of the United States of America, which may be imposed by the authorities concerned. You guarantee that you will always comply with these applicable laws, stipulations and other limitations regarding import or export of the Software and related documentation and information. You have no permission to export the Software, the documentation and information about the Software without our prior written consent.

10. Copyright/Trademark
The Software and documentation is protected by applicable copyright or other intellectual property laws and treaties. We expressly reserve all rights not covered by this grant of license. It is prohibited to remove, obscure, make illegible or alter any notices or indications from any copy of the Software or documentation that refer to My Book Of Photos LLC ownership. No license, right or other interest in a trademark, trade name or service name is part of this grant of license.

11. Termination
This EULA will be effective as of the date on which this EULA is entered into by clicking on the ACCEPT button. This EULA expires by termination only. You may terminate this EULA at any time by ceasing all use of the Software, documentation and intellectual property rights associated therewith, removing all copies of the Software from all hard drives networks and other storage media. We have the right to terminate this EULA with immediate effect at any time for any reason, including but not limited to, the event in which we establish that you are not adhering to one or more of the stipulations of this EULA. Furthermore you acknowledge that upon termination all licenses and rights to use the Software shall terminate. All stipulations regarding intellectual property rights survive the termination of this EULA and will therefore remain in full force. We will not be liable in relation to any damage caused by the termination of this EULA.

12. Governing law and jurisdiction
This document shall be governed and construed in accordance with the laws of the United States of America without giving effect to the conflict of laws or provisions of the USA or your actual state or country of residence. All disputes that may arise resulting from or in connection with this EULA will exclusively be brought before the Court of the United States of America referred to.

13.General
This EULA is an agreement between you as user of the Software and My Book Of Photos LLC. as owner of the Software. Whenever in this EULA the terms “we”, “us” and “our” are used, reference is made to My Book Of Photos LLC in The United States of America.

This EULA constitutes the entire agreement between you and My Book Of Photos LLC with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. We reserve the right to modify this EULA at any time by providing such revised EULA to you, in the updated software, or by publishing the revised EULA on the www.MyBookOfPhotos.com Website. Your continued use of the Software shall constitute your acceptance to be bound by the terms and conditions of the revised EULA. If any clause of this EULA is declared invalid, illegal or not enforceable, the clause concerned will be stricken, whereas the remainder of the EULA will remain fully in force. Our failure to exercise any right hereunder shall not operate as a waiver of our rights to exercise such right or any other right in the future. We are allowed at our sole discretion to assign this EULA or any rights hereunder without giving prior notice.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS EULA AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO MY BOOK OF PHOTOS LLC THE RIGHTS SET FORTH HEREIN.