End User License Agreement
READ CAREFULLY: The following terms and conditions constitute the End-User License Agreement (EULA) which governs Your use of the Product (as defined below) of Bookraft LLC. By downloading, installing, copying, or otherwise using the Product, You (as defined below) agree to be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement, do not purchase, download or use the software.
1. Your Agreement With Developer.
1.1 “Bookraft” means Bookraft LLC, a Wyoming, USA, limited liability company.
1.1 This Agreement is with Bookraft (hereinafter “Developer”).
1.2 By downloading and/or using a Product (defined below), You agree to the terms and conditions contained herein and You state that You have all legal rights and powers needed to give the statements, assurances and commitments in this document and to agree to it as a validly executed, legal instrument. It shall be binding on You and on Your heirs, executors and assigns.
1.4 Developer reserves the right to modify the Agreement accompanying the Product from time to time at its sole discretion.
Unless otherwise defined, capitalized terms used throughout this Agreement have the meanings stated below:
2.1 “Product” means all software files purchased, downloaded, commissioned or otherwise obtained from Bookraft or from websites belonging to Bookraft.
2.2 “Payments” mean that any Product shall be handled in accordance with the applicable third party’s policies. By engaging in a transaction which utilizes a third party payment mechanism, such as PayPal, You agree and acknowledge that Developer shall not be liable for any damages or claims which are incurred as result of such transaction.
2.3 “You”, or “Your” shall mean the entity or individual that downloads and uses the Product.
3. Licensing, Activation, and Re-Activation.
3.1 This Section 3 applies to You if You have purchased a license to a Bookraft Product, and this Section 3 relates to that Product which you have purchased.
3.2 Subject to Your continuous compliance with this Agreement, Developer grants You a non-exclusive and limited license to install and use the Product on 1 (one) of Your computers, and in a manner consistent with the terms of this Agreement. Unless otherwise defined in this Agreement, in the applicable Documentation, or at the time of purchase, License Term shall be annual.
3.3 Portable or Home Computer Use. Subject to the restrictions set forth herein, the primary user of the computer on which the Product is installed under Section 3.2 may install a second copy of the Product for his or her exclusive use on either a portable computer or a computer located at his or her home, provided that the Product on the portable or home computer is not used at the same time as the Product on the primary computer, and provided that both computers share the same Adobe InDesign serial number. This additional installation is offered as a courtesy to You by Bookraft. Your inability to take advantage of this extra installation, for whatever reason, does not constitute grounds for annulment of this Agreement.
3.4 Adobe Volume Licensing Customers. If You are an Adobe volume licensing customer (in which case, the serial number of each of Your InDesign installations is identical), you may install the Product on one (1) computer only.
3.5 Activation. To use the Product for the first time, You will be required to activate it. Activation requires an active Internet connection on the computer on which the Product is being activated. If you are unable to connect to the Internet, offline activation is also available. Offline activation requires access to a telephone or email.
3.6 By activating the Product, You link it to the serial number of the InDesign installation which You used to activate the Product. “Link”, in this context, means that the Product will thereafter be usable only on the InDesign installation to which it has been linked. Therefore, if, for example, You upgrade to a newer version of InDesign that does not have the same serial number as the version of InDesign to which the Product was linked, You will not be able to use the Product on that newer version of InDesign.
3.7 Bookraft may, at Bookraft’s sole discretion, unlink Your product from a particular InDesign serial number, thereby enabling the Product to be reactivated on a different InDesign installation with a different InDesign serial number. Bookraft may, at Bookraft’s sole discretion, charge a fee for doing this.
3.8 If You have used the offline activation option specified in Section 3.5 above, You will need to perform another offline activation in the eventuality that InDesign’s preferences have been deleted. This can occur if InDesign crashes, or is reinstalled, or for any other reason that causes InDesign’s preferences to be deleted. Since offline activation is performed manually in collaboration with Bookraft, Bookraft may charge a fee for additional offline activations beyond the first. Bookraft may waive this fee, at Bookraft’s sole discretion.
4. Upgrade Policy.
4.1 For the 12 (twelve) month period following the date of purchase of the Product, You are eligible to receive free upgrades to Your Product, if any such upgrades are made available by Bookraft.
4.2 Beyond the 12-month period mentioned above, if You wish to upgrade Your Product, You will need to purchase an upgrade license. Upgrade licenses will normally be available at a reduced price compared to a full license.
5.1 When You activate, or attempt to activate, the Product, the Product will contact Developer’s web site to store the following information: Name of Product installed, Developer-provided serial number, Your InDesign serial number (excluding the last 4 digits), and Your Adobe Creative Cloud email address (if You are subscribed to Creative Cloud). This information is used to check whether Your Product serial number is valid in the event that You must reinstall Product.
5.2 If You choose to optionally register, Your name and email address will also be stored on Developer’s server. This information is used to send personalized emails containing upgrade information and/or announcements of new Products.
5.3 Bookraft does not share this information with anyone else.
6. Warranties And Disclaimers.
Developer provides the Product “AS IS.” DEVELOPER AND ITS SUPPLIERS MAKE NO EXPRESS, IMPLIED, OR STATUTORY WARRANTY OF ANY KIND WITH RESPECT TO THE PRODUCT, YOUR TRANSACTIONS, OR THOSE PRODUCTS OBTAINED INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF PERFORMANCE, MERCHANTABILITY, SATISFACTORY QUALITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL DEVELOPER OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES, EVEN IF DEVELOPER OR ANY COMPANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU BEAR THE ENTIRE RISK AS TO THE USE OF THE PRODUCT, YOUR TRANSACTIONS ON THE WEBSITE, THE PRODUCTS AND ANY USE OF A THIRD PARTY PAYMENT MECHANISM. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED ARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY. THE DOWNLOADING AND/OR USE OF ALL PRODUCTS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. DEVELOPER ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER OR DEVICE IN CONNECTION WITH YOUR USE OF THE THE PRODUCTS OR YOUR TRANSACTIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DEVELOPER OR THE PRODUCTS OR A THIRD PARTY PAYMENT MECHANISM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. ANY AGREEMENTS ENTERED INTO WITH THIRD PARTIES ARE AT YOUR OWN RISK. THE ID-EXTRAS.COM WEBSITE MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. DEVELOPER MAY MAKE CHANGES TO THE PRODUCT AT ANY TIME WITHOUT NOTICE.
7. Limitation of Liability.
You shall, at your own expense, indemnify, defend and hold Developer harmless from and against any and all claims, costs, fees (including reasonable attorneys’ fees), damages, liabilities and expenses to the extent such claim arises out of: (a) any breach of this Agreement, (b) any claims or allegations made in connection with your use of a third party payment mechanism, (c) any breach or alleged breach of any representations and warranties made by a third party concerning any aspect of a Product, including but not limited to compatibility, (d) any claims made by or on behalf of any third party pertaining directly or indirectly to Your use of a Product, (e) any alleged or actual violation of your privacy or other rights by a third party, and (f) any allegations based on a product liability claim.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) IN NO EVENT WILL DEVELOPER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST DATA, LOST PROFITS AND COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING FROM OR RELATING TO THIS AGREEMENT HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) DEVELOPER’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE LESSER OF US$50 OR THE AMOUNTS RECEIVED BY DEVELOPER IN CONNECTION WITH THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. You acknowledge that the fees and amounts payable set forth in this Agreement reflect the allocation of risk set forth in this Agreement and that the other party would not enter into this Agreement without these limitations on its liability. Each party agrees that these limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. The foregoing limitations of liability are independent of any exclusive remedies for breach of warranty set forth in this Agreement. Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitation or exclusion may not apply.
You acknowledge that the Products are subject to US and Israeli export control and sanctions laws (“Export Controls”) and that You will comply with the Export Controls. You will not export or re-export the Products, directly or indirectly, to, or use or provide (or enable any third party to use) the Products in connection with: (a) any countries that are subject to Israeli or U.S. export restrictions (including, but not limited to, Cuba, Iran, North Korea, Sudan, and Syria), (b) any third party whom You know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems, or (c) any third party who has been prohibited from participating in the U.S. export transactions by any federal agency of the U.S. government.
You will not hold Developer responsible for any damages, costs or liabilities of any kind arising out of or in connection with use of any Product, use of any third party payment mechanism, and You hereby release Developer, jointly and separately, from any and all such claims. If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
11. Counterparts; Entire Agreement.
This Agreement may be executed in counterparts, each of which will be considered an original, but all of which together will constitute the same instrument. This Agreement, together with any Exhibits hereto, constitutes the entire agreement between the parties regarding the subject hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral.
12. Governing Law; Venue.
This Agreement shall be governed by the laws of the State of Israel, and the parties hereby irrevocably consent to jurisdiction and venue in the courts located in Israel without regard to any conflicts of laws principles that would require the application of the laws of another jurisdiction. In any action or suit to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the prevailing party shall be entitled to recover its costs, including, without limitation, reasonable attorneys’ fees. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
13. Intellectual Property.
The Product and any authorized copies that You make are the intellectual property of and are owned by Bookraft LLC. The structure, organization, and source code of the Product are the valuable trade secrets and confidential information of Bookraft LLC. The Software is protected by law, including but not limited to the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does not grant You any intellectual property rights in the Product. All rights not expressly granted are reserved by Bookraft LLC.