End User Licence Agreement for the eBook Reader (for the IMO Bookshelf specific conditions of use, see further below).
IMPORTANT - READ CAREFULLY: This End User Licence Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Witherby Publishing Group Ltd ("WPGL") (www.witherbypublishinggroup.com) regarding the use of the software product identified above ("SOFTWARE"). The SOFTWARE includes computer software, the associated media, any hardware supplied with the SOFTWARE, any printed materials, and any "online" or electronic documentation. By installing, copying or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA.
If you do not agree to the terms of this EULA, WPGL is unwilling to licence the SOFTWARE to you. In such event, you may not use or copy the SOFTWARE, and you should promptly contact WPGL for instructions on return of the unused product for a refund.
SOFTWARE PRODUCT LICENCE
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual properties and treaties. The SOFTWARE is licensed, not sold.
1. GRANT OF LICENCE. This EULA grants you the following rights:
- Software. You may install and use one copy of the SOFTWARE on one computer at a time.
- Storage / Network Use. You may store or install a copy of the computer software portion of the SOFTWARE on a computer to allow your other computers to use the SOFTWARE over an internal network, and distribute the SOFTWARE to your other computers on an internal network.
However, you must acquire and dedicate a licence for the SOFTWARE for each computer on which the SOFTWARE is used or to which it is distributed. A licence for the SOFTWARE may not be shared or used concurrently on different computers.
- Back-Up Copies. You may make a single back-up copy of the SOFTWARE, to be used solely for archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
- Limitations on Reverse Engineering, Decompilation and Disassembly. You may not 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.
- Separation of Components. This SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one machine.
- Rental. You may not lease or rent the SOFTWARE.
- Software transfer. You may permanently transfer all of your rights under this EULA provided you retain no copies, you transfer all of the SOFTWARE (including component parts, the media and printed materials, any upgrades, this EULA, and the recipient agrees to the terms of this EULA. If the SOFTWARE is an upgrade, any transfer must include all prior versions of the SOFTWARE.
- Termination. Without prejudice to any other rights, WPGL 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.
If the SOFTWARE is an upgrade from another product, whether from WPGL or another supplier, you may use or transfer the SOFTWARE only in conjunction with that upgraded product, unless you destroy the upgraded product. If the SOFTWARE is an upgrade of an WPGL product, you now may use that upgraded product only in accordance with this EULA.
All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, data and "applets" incorporated into the SOFTWARE, are owned by WPGL or its suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions.
You may not copy the printed materials accompanying the SOFTWARE.
5. LIMITED WARRANTY
WPGL warrants that
(a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt
(b) any WPGL hardware accompanying the SOFTWARE will be free from defects in materials and workmanship under normal use and service for a period of one (1) year from the date of receipt.
Any implied warranties on the SOFTWARE and WPGL hardware are limited to ninety (90) days and one (1) year respectively.
6. CUSTOMER REMEDIES
WPGL and its suppliers' entire liability and your exclusive remedy shall be, at WPGL's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE or hardware that does not meet this Limited Warranty and which is returned to WPGL with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE or hardware has resulted from accident, abuse or misapplication.
Any replacement of SOFTWARE or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
7. NO OTHER WARRANTIES.
To the maximum extent permitted by applicable law, WPGL and its suppliers disclaim all other representations, warranties, conditions or other terms, either express or implied, including, but not limited to implied warranties and/or conditions of merchantability and fitness for a particular purpose, with regard to the SOFTWARE, the accompanying written materials, and any accompanying hardware. This limited warranty gives you specific legal rights.
8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
To the maximum extent permitted by applicable law, in no event shall WPGL or its suppliers be liable for any damages whatsoever (including without limitation, direct or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of use of or inability to use this product, even if WPGL has been advised of the possibility of such damages. In any case, WPGL's and it's suppliers' entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the SOFTWARE and/or hardware.
This Software Licence Agreement is governed by the laws of Scotland.
IMO Bookshelf Conditions of Use
You must read and accept the following Conditions of Use before using this product. If you do not wish to accept these Conditions of Use remove this product from your computer and apply to your distributor or to IMO for a full refund of your purchase price.
THE RIGHT TO USE THIS VERSION OF THE IMO BOOKSHELF (‘the System’) IS SUBJECT TO THE FOLLOWING TERMS:
1) GRANT OF LICENCE
In consideration of you ('the Customer') agreeing to the following terms, The International Maritime Organization ('IMO') whose office is at 4 Albert Embankment, London SE1 7SR, UK grants to the Customer a non-exclusive right ('the Licence') to access and use the System.
2) COMPLIANCE AND TERMINATION
The Customer’s Licence to use the System will terminate automatically if the Customer fails to comply with any term of this Licence.
3) PERFORMANCE OF THE SYSTEM
IMO warrants that the System will perform substantially in accordance with its accompanying documentation. Whilst IMO has no reason to believe that there are inaccuracies or defects in the System IMO has no liability in respect of the correctness of the information supplied. In particular, IMO has no liability for any indirect or consequential loss arising from the Customer's use of the System. The Customer will indemnify and hold IMO harmless from any claim by third parties arising from the Customer's use of the System. It is the Customer’s responsibility to ensure that the System is suitable for the intended purpose and the entire risk as to the application of the System is assumed by the Customer.
4) QUALIFICATION OF USERS
It is the Customer's responsibility to ensure that any persons using information taken from the System are properly trained and competent to an extent appropriate to the proper discharge of their duties.
The System contains copyright material of IMO and all copyright, trademarks and other intellectual property rights in the System are the exclusive property of IMO. The Customer will not assign, transfer, sell, lease, rent, charge or otherwise deal in nor alter, merge, modify, adapt, reverse engineer nor create derivative works based upon the System.
6) LAW AND SETTLEMENT OF DISPUTES
6.1) This Licence is governed by the laws of England and the parties agree that any matter arising from it or from the Customer's use of the System is subject to the exclusive jurisdiction of the English courts
6.2) IMO and the Customer shall use their best efforts to settle amicably any dispute, controversy or claim arising out of, or relating to the Licence or the breach, termination or invalidity thereof. Where IMO and the Customer wish to seek such an amicable settlement through conciliation, the conciliation shall take place in accordance with the UNCITRAL Conciliation Rules then pertaining, or according to such other procedure as may be agreed between the parties.
6.3) Any dispute, controversy or claim between IMO and the Customer arising out of or relating to this Licence or the breach, termination or invalidity thereof, unless settled amicably under the preceding paragraph 6.2 within sixty (60) days after receipt by one party of the other party's request for such amicable settlement, shall be referred by either party to arbitration in accordance with the UNCITRAL Arbitration Rules then pertaining. The place of the arbitration will be London, England.
6.4) Nothing in or relating to this Licence shall be deemed to be a waiver, express or implied, of any of the privileges and immunities of IMO, including its subsidiary organizations.