peanutpress.com, Inc.
END-USER LICENSE AGREEMENT
You, the Licensee, may download from www.peanutpress.com and use one copy of "DropBookä or "MakeBookä " (the "Licensed Software") on a single machine and copy the Licensed Software into any machine-readable or printed form for backup or support of your use of the Licensed Software on the single machine, provided that no copy of the Licensed Software is used by anyone other than you. Your use of the Licensed Software is limited to electronically publishing works of authorship to which you have all the rights or that are in the public domain (the "Works") for your personal use. By pointing to and clicking on the ‘YES’ button, you represent and warrant that either (1) you own or have sufficient permission and/or license rights to publish and distribute the Books in electronic form, or (2) the Books are in the public domain; that none of the Books infringes any copyright or invades the privacy of any third person, or contains any matter libelous or otherwise in contravention of the rights of any third person or applicable law; and that you are and will distribute at no cost or charge the Books you electronically publish using the Licensed Software. If you do not represent and warrant to any of this above, point to and click on the `NO’ button.
You shall not decompile, disassemble, or reverse engineer the Licensed Software. You shall not transfer the Licensed Software to any third party or use the Licensed Software to perform publishing services for any third party. If you use, copy, modify, or transfer the Licensed Software, or any copy thereof, in whole or part, other than as this Agreement expressly provides, or distribute for a cost or charge any Book that you have electronically published using the Licensed Software, this Agreement automatically terminates. The Agreement is effective on the date on which you accept it as indicated below and remains in effect until terminated as indicated above or until you terminate it. Upon termination, you shall cease all use of and destroy the Licensed Software, together with all copies thereof, in whole or in part, in any form. By pointing to and clicking on the ‘YES’ button, you acknowledge that peanutpress.com, Inc., the Licensor, is relying on the truth of your warranties, representations, and promises herein in making the Licensed Software available to you at no cost or charge, and that you will defend, indemnify, and hold harmless the Licensor for, from, and against any breach of any of your warranties and representations or of this Agreement, including without limitation paying to Licensor all revenues you have received from your distribution of the Books in violation of this Agreement. If you do not agree, point to and click on the `NO’ button.
THE LICENSED SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE LICENSED SOFTWARE EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
This Agreement can be modified only by a written agreement signed by Licensor and you, and modifications of this Agreement made in any other manner will be of no effect. The invalidity, illegality, or unenforceability of any portion of this Agreement shall not in any way affect or impair the validity, legality, and enforceability of the remainder of this Agreement. This Agreement shall be governed by the laws of The Commonwealth of Massachusetts, without giving effect to conflict of laws provisions thereof or to the provisions of the United Nations Convention for the International Sale of Goods. As required by United States export regulations, you shall not permit export of the Licensed Software or any direct products thereof to any country to which export is then controlled by the United States Bureau of Export Administration, unless you have that agency’s prior written approval. The Licensed Software is a "commercial item", as that term is defined at 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" (as defined at 48 C.F.R. 227-7018) and "commercial computer software documentation", as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227-7202-1 through 227.7202-4 (June 1995), US Government users shall use the Licensed Software and its component files (i) only as a commercial item and (ii) with only those rights as are granted pursuant to the terms and conditions hereof.
THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND THE LICENSOR AND SUPERSEDES ALL PRIOR AGREEMENTS AND COMMUNICATIONS, ORAL OR WRITTEN, BETWEEN YOU AND LICENSOR RELATING TO THE LICENSED SOFTWARE. BY POINTING TO AND CLICKING ON THE ‘YES’ BUTTON, YOU HAVE MANIFESTED YOUR UNDERSTANDING AND ACCEPTANCE OF THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT UNDERSTAND OR ACCEPT ITS TERMS, POINT TO AND CLICK ON THE ‘NO’ BUTTON.