Bluefire Reader License Agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THE BLUEFIRE SOFTWARE. BY USING THE BLUEFIRE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE SOFTWARE.
IMPORTANT NOTE: To the extent that this software may be used to reproduce materials, it is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.
1. General. The Bluefire Reader software, documentation and fonts included in the Software (collectively the “Bluefire Software”) are licensed, not sold, to you by Bluefire Productions LLC (“Bluefire”) for use only under these terms. Bluefire and/or Bluefire’s licensors retain ownership of the Bluefire Software itself and reserve all rights not expressly granted to you. Bluefire, at its discretion, may make available future updates to the Bluefire Software. The Bluefire Software updates, if any, may not necessarily include all existing software features or new features that Bluefire releases for newer operating system versions or other devices. The terms of this License will govern any software updates provided by Bluefire that replace and/or supplement the original Bluefire Software product, unless such update is accompanied by a separate license in which case the terms of that license will govern such update.
2. License. You are granted a limited, non-transferable license to use the Bluefire Software on any compatible device that you own or control as permitted by this Agreement and the specific terms and conditions of the app store from which you acquired the Bluefire Software (the “Usage Rules”).
3. Restrictions. Your license does not allow you to use the Bluefire Software on any device that you do not own or control. You may not distribute the Bluefire Software, make it available over a network or, other than by you, allow it to be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Bluefire Software. You may not copy, decompile, reverse engineer, disassemble or attempt to derive the source code, modify, or create derivative works of the Bluefire Software, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Bluefire Software). Any attempt to do so is a violation of the rights of Bluefire and its licensors, in violation of this Agreement and may be subject to prosecution and damages.
Third Party Acknowledgements. Portions of the Bluefire Software may utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the Bluefire Software, and your use of such material is governed by their respective terms.
4. Termination. The license is effective until terminated. Your rights under this license will terminate automatically without notice from Bluefire if you fail to comply with any term of this Agreement or your license. Upon termination of the license, you agree to stop using the Bluefire Software. Sections 7, 10, 11, 12 and 13 of this License will survive any such termination.
5. Services; Third Party Materials. The Bluefire Software may enable you to access additional Bluefire and third party services and web sites. Bluefire makes no representation that any third party material, media or service is appropriate, accurate or available for your use at any particular location. To the extent you choose to access such third party materials, media or services, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Bluefire, and its licensees, reserve the right to change, suspend, remove, or disable access to any third party material or service at any time without notice. In no event will Bluefire be liable for the removal of or disabling of such access. Bluefire may also impose limits on the use of or access to certain services, in any case and without notice or liability.
6. Bluefire Sync Service. The Bluefire Software enables access to Bluefire Sync Service that permits you to sync your reading location in ebooks across multiple devices on which the Bluefire Software is installed and authorized with the same user account. Such service may not be available in all countries. Use of the Bluefire Sync Service will ordinarily require Internet access. You agree not to repurpose, redirect or use the Sync Service in any manner except as intended to synchronize your reading and viewing of material between your devices. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Sync Service, in any manner, or attempt to do so, and you agree not to exploit the Sync Service in any unauthorized way whatsoever, including but not limited to, by trespass or unnecessarily burdening network capacity. Sync Service may not be available on all Bluefire products.
7. Your Information. You acknowledge that if you choose to use the Bluefire Sync Service to sync your reading location between devices, information about the material you are reading and your use of the material will be sent to Bluefire. If you do not wish Bluefire to collect information about your device, books you are reading, or your usage of the books you are reading you may disable the Bluefire Sync Service feature at any time by tapping on the “disable Sync” button found in the “Info” screen of the Bluefire Software.
Bluefire and its licensors reserve the right to change, suspend, remove, or disable access to the Sync Service at any time without notice. In no event will Bluefire be liable for the removal of or disabling of access to the Service. Bluefire may also impose limits on the use of or access to the Service, in any case and without notice or liability.
9. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PRODUCT AND SYNC SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT AND SYNC SERVICE PERFORMED OR PROVIDED BY THE PRODUCT ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. BLUEFIRE DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. BLUEFIRE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCT, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PRODUCT OR SYNC SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PRODUCT OR SYNC SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BLUEFIRE WILL CREATE A WARRANTY. SHOULD THE PRODUCT OR SYNC SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
10. In addition to these disclaimers, you specifically RELEASE Bluefire from any liability based upon your claim that use of the Bluefire Software or Sync Service by you caused or enabled damages of any kind, including damages arising from data theft or loss, fraud, identity theft, loss of data protected by any privacy law or any monetary damages.
11. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BLUEFIRE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PRODUCT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF BLUEFIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Bluefire’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
12. Export Controls. You may not use or otherwise export or re-export the Bluefire Software except as authorized by United States law and the laws of the jurisdiction in which the Bluefire Software was obtained. In particular, but without limitation, the Bluefire Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Bluefire Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
13. Governmental Licenses. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
14. General Provisions. Assignment. This Agreement is not assignable by you. Complete Agreement. This Agreement represent the entire understanding of the parties with respect to the services provided under this Agreement and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Bluefire. Waiver. The waiver or failure of Bluefire to exercise in any respect any right provided for in this Agreement shall not be deemed a waiver of any further right under this Agreement. Severability. If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed omitted. The remainder of the Agreement shall be valid and enforceable to the maximum extent possible. Headings. The headings appearing herein are for convenience only. Trademarks. Bluefire, Bluefire Reader and Bluefire Reader Sync Service are the trademarks of Bluefire Products, LLC. This agreement does not grant you or any other person the right to use these. Governing Laws and Venue. This Agreement shall be construed under the laws of the State of Washington, without regard to its conflicts or choice of law principles. The parties consent to the exclusive jurisdiction and venue of King County, Washington for any action arising from this Agreement. Bluefire will be entitled, in addition to any other rights and remedies it may have, to reimbursement for all expenses it may incur in connection with any such action, including costs and reasonable attorneys’ fees. Language. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions; the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.