BIBLIOTHECA CLOUD LIBRARY SERVICES

END USER LICENSE AGREEMENT

THIS END USER LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU ("YOU" or "USER") AND BIBLIOTHECA, LLC ("BIBLIOTHECA") REGARDING YOUR ACCESS TO AND USE OF THE SOFTWARE IDENTIFIED HEREIN ("SOFTWARE"). BY CLICKING THE "I ACCEPT" BUTTON DISPLAYED HEREWITH AND/OR BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MUST CLICK THE "CANCEL" BUTTON, YOU MAY NOT DOWNLOAD, INSTALL, COPY OR OTHERWISE USE THE SOFTWARE, AND YOU MAY RETURN THE SOFTWARE TO BIBLIOTHECA WITHIN THIRTY DAYS FOR A REFUND OF THE PURCHASE PRICE, IF ANY.

1.     Bibliotheca Cloud Library Application Software.  As used in this Agreement, "Software" means the proprietary Bibliotheca Cloud Application Software for approved e-readers, mobile devices or personal computers licensed to User herein, including but not limited to any updates (e.g., maintenance releases, modifications to existing functionality or new functionality) that may be provided to User by Bibliotheca, at Bibliotheca's option, during the term of this Agreement. Bibliotheca is under no obligation to issue updates. 

2.     License. During the term of this Agreement, Bibliotheca grants User the nonexclusive, nontransferable right to use the Software solely for User's own, personal use and only in combination with the Bibliotheca Cloud Library Services. The Software may be installed only on a single, approved, compatible device (e-reader, mobile device or personal computer) owned and controlled by User. User acknowledges that the Software is the sole and exclusive property of Bibliotheca and its licensors. Bibliotheca reserves to itself and its licensors any rights not expressly granted herein.

3.     Terms of Use. In order to access and use the Bibliotheca Cloud Library Services, you will be required to agree to additional Terms of Use, including payment of fees, if applicable.

4.     Third Party Components. Certain software libraries and other components of the Software are subject to third-party and open source licenses and/or notices. Such licenses and/or notices may be found in the "read me" files in the file directories in which such components are located, along with instructions on how to obtain source code of such components, if applicable. You agree to comply with the terms of such licenses and/or notices. Any terms and conditions of this EULA that differ from such licenses and/or notices are offered by Bibliotheca alone, and not by the licensor(s), initial developers or contributors of such components. 

5.     Prohibitions.  User is prohibited from: (i) sublicensing, leasing, lending or transferring the Software to any third party; (ii) using, or permitting the use of, the Software for the benefit of, or by, any third party such as use of the software as a service bureau; (iii) making copies of the Software; (iv) disassembling, reverse engineering or creating derivative works of the Software; or (v) using the Software with hardware or services except those provided or expressly authorized by Bibliotheca. 

6.     DISCLAIMER OF WARRANTY.  THE SOFTWARE IS PROVIDED "AS IS" AND WITH ALL FAULTS, AND BIBLIOTHECA, ITSELF AND ON BEHALF OF ITS LICENSORS, IF ANY, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF A COURSE OF DEALING.

7.     LIMITATION OF LIABILITY.  YOU AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR OWN RISK, AND THAT BIBLIOTHECA AND ITS LICENSORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR USE OF THE SOFTWARE. WITHOUT LIMITING THE FOREGOING, BIBLIOTHECA AND ITS LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ECONOMIC LOSS BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR ANY OTHER LEGAL THEORY, EVEN IF BIBLIOTHECA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BIBLIOTHECA'S AND ITS LICENSORS' MAXIMUM CUMULATIVE LIABILITY FOR DAMAGES FOR ALL MATTERS ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE SOFTWARE EXCEED THE LESSER OF (i) THE PURCHASE PRICE OF THE SOFTWARE, AND (ii) FIFTY DOLLARS ($50.00) IN THE AGGREGATE. SOME STATES OR COUNTRIES MAY HAVE LAWS THAT REQUIRE LIABILITY RIGHTS DIFFERENT FROM THOSE STATED ABOVE. IN SUCH STATES OR COUNTRIES, THE MINIMUM REQUIRED LIABILITY TERMS SHALL APPLY. 

8.     Term and Termination.  This Agreement will remain in effect until terminated in accordance herewith. This Agreement will terminate immediately and without notice if: (i) User breaches a material term of this Agreement or the Terms of Use; or (ii) User discontinues use of the Software. Upon termination of this Agreement for any reason, User shall cease all further use of the Software and, at Bibliotheca's option, destroy or return to Bibliotheca all copies then in User's possession or control. At Bibliotheca's request, User will certify to Bibliotheca in writing that it is in full compliance with the requirements of this paragraph.

9.     U.S. Government End Users.  This provision applies to all acquisitions of this Software by or for the Federal Government or by any prime contractor or subcontractor (at any tier) for the Federal Government under any contract, grant, cooperative agreement, other transaction, or other agreement with the Federal Government. By accepting delivery of this Software, the Federal Government hereby agrees that this Software qualifies as "commercial" computer software within the meaning of the acquisition or financial assistance regulations applicable to this procurement. The terms and conditions of this Agreement shall apply to the Government's use and disclosure of this Software and shall supersede any conflicting contract terms and conditions. If this Agreement fails to meet the Government's needs or is inconsistent with federal law, the Federal Government agrees to return this Software, unused, to Bibliotheca. The following additional statement applies only to acquisitions governed by DFARS Subpart 227.4 (October 1988): "Restricted Rights - Use, duplication and disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (OCT. 1988)."

10.   Export Law Assurances. The laws and regulations of the United States restrict the export and re-export of commodities and technical data of United States origin, including the Software. User agrees that it will not export or re-export the Software in any form without the appropriate United States Government and foreign government licenses. User agrees that its obligations under this paragraph survive and continue after any termination or expiration of rights under this Agreement.

11.   General Provisions.  This Agreement constitutes the entire agreement between Bibliotheca and User with respect to use of the Software. This Agreement is governed by and construed under Minnesota law, excluding its conflicts of law provisions. The parties agrees that, in the event of any disputes arising between the parties, jurisdiction and venue for resolving such disputes shall reside exclusively in the state and federal courts in Ramsey County, Minnesota, USA. This Agreement, or any of the rights granted herein, may not be amended, assigned, sublicensed or transferred by User without Bibliotheca's prior written consent. Failure of Bibliotheca to enforce any provision will not constitute a waiver of such provision or of the right to enforce such provision. If any provision of this Agreement is held to be unenforceable by a court, the validity and enforceability of the other provisions will not be affected. The provisions of paragraphs 6, 7, 8, 9 and 11 will survive any termination or expiration of this Agreement. If this Agreement is translated into another language, the English language version shall govern.


The Bibliotheca Cloud Library Application software may include the following:

Adobe® Reader® Mobile software under license from Adobe Systems Incorporated, Copyright © 1995-2016 Adobe Systems Incorporated. All rights reserved. Adobe and Reader are trademarks of Adobe Systems Incorporated.”


The Bibliotheca Cloud Library Application software may include the following:

Apache Commons IO, Apache Commons Lang - Copyright (c) 2001 - 2014 The Apache Software Foundation; Google-GSON - Copyright (c) Google; Jackson Core, Jackson Mapper ASL 1.9.13 - Copyright (c) 2009 FasterXML, LLC; Retrofit - Copyright (c) 2013 Square, Inc.; Sherlock - Copyright (c) 2012 Jake Wharton; Android-Universal-Image-Loader - Copyright 2011-2014 Sergey Tarasevich

Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License.You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.


The Bibliotheca Cloud Library Application software may include the following:

SDWebImage - Copyright (c) 2009 Olivier Poitrey; MagicalRecord - Copyright (c) 2010, Magical Panda Software, LLC; FFCircularProgressView - Copyright (c) 2013 Fabiano Francesconi; AFNetworking - Copyright (c) 2013-2014 AFNetworking (http://afnetworking.com/); PDKeychainsBindingController - Copyright (c) 2010-2011 by Carl Brown of PDAgent, LLC.; MarqueeLabel - Copyright (c) 2011-2013 Charles Powell; UIViewController-BackButtonHandler - Copyright 2013 Sergey Nikitenko; TouchImageView - Copyright (c) 2012 Michael Ortiz.

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.


The Bibliotheca Cloud Library Application software may include the following:

Software distributed under the following license from the Readium JS and Readium JS subprojects: Copyright (c) 2014 Readium Foundation and/or its licensees. All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

3. Neither the name of the organization nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.