TERMS OF SERVICE
IMPORTANT: THIS IS A LICENSE, NOT A SALE
Unless otherwise provided for in this End User License Agreement (EULA), and unless you have a written agreement with EZ Book Blaster providing for additional use, this EULA gives you permission to install and use one (1) copy of this Software (as defined below) on one (1) computer or electronic device at any given time as set out in more detail below.
IMPORTANT NOTICE: PLEASE READ THIS EULA CAREFULLY. BY DOWNLOADING, ACCESSING, INSTALLING, OR USING THE SOFTWARE AND DOCUMENTATION (collectively “SOFTWARE”), YOU AGREE TO THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT DOWNLOAD, INSTALL, ACCESS, OR USE THE SOFTWARE. THIS EULA CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY AND EXCLUSIVE REMEDIES. THE PROVISIONS BELOW FORM THE ESSENTIAL BASIS OF OUR AGREEMENT. THE CURRENTLY APPLICABLE VERSION OF THIS EULA IS LOCATED AT: www.EZ Book Blaster.com/eula/
This EULA is a legal agreement between You and EZ Book Blaster Corporation, regarding your use of the Software. Unless you have another written agreement with EZ Book Blaster regarding this software, Your use of this Software is governed by this EULA.
IF YOU AGREE TO THIS EULA, YOU ARE GRANTED A LIMITED, PERSONAL, WORLDWIDE, NON-ASSIGNABLE, NON-SUBLICENSABLE, NON-TRANSFERABLE, AND NON-EXCLUSIVE LICENSE FOR AGREED REMUNERATION TO USE THE SOFTWARE, WHICH MAY BE LIMITED IN TIME AS SET FORTH BELOW. UNLESS HEREINAFTER AGREED OTHERWISE, YOU ARE PERMITTED TO USE ONE (1) COPY OF THE SOFTWARE FOR YOUR (A) PRIVATE, NON-COMMERCIAL PURPOSES (“PRIVATE USER”), AND/OR (B) COMMERCIAL PURPOSES IN A COMMERCIAL BUSINESS (“BUSINESS USER”). THIS SOFTWARE IS LICENSED PER HOUSEHOLD OR PER SINGLE ADDRESS (“ADDRESS”). EXCEPT FOR THE EZ BOOK BLASTER PRODUCTS AND / OR COUNTRIES LISTED BELOW, YOU MAY ONLY DOWNLOAD AND INSTALL THE SOFTWARE ON ONE COMPUTING DEVICE. YOU MAY NOT RE-INSTALL THE SOFTWARE ON A SECOND COMPUTING DEVICE UNLESS THE ORIGINAL COMPUTING DEVICE FAILS OR THE SOFTWARE IS COMPLETELY DELETED FROM THE ORIGINAL COMPUTING DEVICE. IF AUTHORIZATION CODES ARE REQUIRED, YOU MAY NEED TO CONTACT EZ BOOK BLASTER CUSTOMER SERVICE AND REQUEST APPROVAL TO RE-INSTALL THE SOFTWARE ON A NEW COMPUTING DEVICE, AND PROVE TO EZ BOOK BLASTER THAT YOU DEINSTALLED THE SOFTWARE FROM THE FAILED ORIGINAL COMPUTING DEVICE. IF YOU HAVE PURCHASED MULTIPLE LICENSES FOR THE SOFTWARE, AT ANY TIME YOU MAY HAVE AS MANY COPIES OF THE SOFTWARE IN USE AS YOU HAVE LICENSES.
LICENSE TO USE THE SOFTWARE. You receive a usage right (license) to the Software, but you do not own the Software itself. This EULA does not allow installation of the Software on a hardware partition, blade, or terminal server, or in any other virtualization environment (collectively “Virtualization Environment”). You may not allow the Software to be accessed, operated, or viewed from, or installed or uploaded to, other computers through a network connection. A separate license agreement must be entered into with EZ Book Blaster to obtain the right to use the Software for a Virtualization Environment, network connections, or volume purchases. You agree that if the Software requires mandatory registration, activation, or email validation, You will complete the process providing EZ Book Blaster with accurate information. Your technical ability to use the Software is suspended until You complete the activation and/or registration process. The Software may include digital images, stock photographs, clip art, fonts, sounds or other works protected by copyright (“Stock Files”). The responsibilities and restrictions relating to the Software apply equally to the Stock Files. EZ Book Blaster reserves all rights not expressly granted to You in this EULA.
SECOND COMPUTING DEVICE: The Software product can only be used by You on one (1) computing device at a time. OEM, Academic, and Not-For-Resale versions are not eligible for this benefit.
ADDITIONAL TERMS APPLICABLE TO SOFTWARE PURCHASED OUTSIDE OF THE EUROPEAN ECONOMIC AREA:
If You are located in a state outside the European Economic Area (consisting of the member states of the European Union (EU) as well as Iceland, Liechtenstein, and Norway) (EEA) where you also want to purchase and use the Software, the following shall apply: You must lawfully acquire the Software from our authorized resellers. Otherwise, You do not have the right to use the Software. For the avoidance of doubt, You may only purchase the Software from EZ Book Blaster’s authorized store, eStore, or website that is located in the country where you want to deploy the Software.
ADDITIONAL TERMS APPLICABLE TO SOFTWARE PURCHASED IN THE REPUBLIC OF INDIA: If You are located in the Republic of India where you also want to purchase and use the Software, the following shall apply: You must lawfully acquire the Software from Our authorized resellers. Otherwise, You do not have the right to use the Software. For the avoidance of doubt, You may only purchase the Software from EZ Book Blaster’s authorized store, eStore, or website that is located in the Republic of India’s current list of EZ Book Blaster’s authorized resellers in India.
ADDITIONAL TERMS APPLICABLE TO SOFTWARE PURCHASED IN CHINA: If You are located in China where you also want to purchase and use the Software, the following shall apply: You must lawfully acquire the Software from Our authorized resellers. Otherwise, You do not have the right to use the Software. For the avoidance of doubt, You may only purchase the Software from EZ Book Blaster’s authorized store, eStore, or website that is located in China; a current list of EZ Book Blaster’s authorized resellers in China.
YOUR RESPONSIBILITIES WHILE USING THE SOFTWARE. The Software may include product activation and other technology designed to prevent unauthorized use and copying. You may not sell, rent, lease, resell or loan the Software. However, You are explicitly free to sell or resell the Software if the Software has been placed on either the EU or EEA market with EZ Book Blaster’s consent and to the extent that EZ Book Blaster’s copyright is exhausted. For Software acquired by download, this is the case only if all of the following conditions are met:
- Previously the Software was lawfully traded by EZ Book Blaster itself or with the approval of EZ Book Blaster. This is the case only when EZ Book Blaster has given its approval to download a copy of the Software in return for payment of a fee designed to compensate EZ Book Blaster for the economic value of the copy of the software.
- You make each individual copy of the Software useless in case of resale.
- You provide the purchaser the information necessary to determine the extent of proper use.
Should You not be the lawful first buyer of (the rights to) the Software, but rather have purchased used Software, You are only entitled to use the Software to the extent You have lawfully acquired the Software. Your rights to the Software are defined and restricted by the terms and conditions of this EULA.
If You purchase the Software as a gift to a third person, the third person must accept the terms of this EULA before using the Software. You may not reverse engineer, decompile, or disassemble the Software. You agree that, in connection with Your use of the Software, EZ Book Blaster can neither monitor nor control what third-party social networking sites or the members or users of such sites do with the Content You share. You are responsible for independently verifying the accuracy and completeness of Your Content (e.g. any technical illustrations or diagrams for operation guides, parts catalogs, schematics, writing diagrams, assembly instructions, maintenance manuals, architectural presentations or other materials You create and/or modify using Our Software). You may not modify or create derivative works based upon the Software. You represent and warrant to Us that You will comply with all applicable laws and regulations impacting Your use of the Software, including data protection and privacy laws. You agree that You will not use the Software in a way that is unlawful or that violates the rights of a third party. If We get sued or a claim is brought against Us by a third party due to (a) Your negligent actions, (b) Your failure to act when required, or (c) Your illegal Content, then You agree to defend, indemnify, and hold EZ Book Blaster harmless.
UPDATES. As part of the Software installation process, You must first consent to the installation of the Software onto your computing device. By providing Your consent to the initial Software installation, You also consent that EZ Book Blaster may, from time to time, download and install any and all future Software updates, bug fixes, feature enhancements, or improvements (“Updates”) automatically without Your further and separate consent. In some instances, You may have the option to decline the Update. If the Update is not installed, You may not receive full benefit of the Software or the Software may not perform properly. EZ Book Blaster has no obligation to provide any support to the Software without the installation of such Updates. Updates are made available at EZ Book Blaster’s sole discretion.
USER GENERATED FEEDBACK. You have no obligation to provide EZ Book Blaster with ideas, suggestions, documentations, and/or proposals (“Feedback”). However, if you submit Feedback to EZ Book Blaster, while you retain ownership of such Feedback, you hereby grant EZ Book Blaster a nonexclusive, royalty-free, perpetual, irrevocable, transferable, unlimited license under all of your Intellectual Property Rights to use and otherwise exploit your Feedback for any purpose world-wide. Further, by submitting Feedback, you represent and warrant that (i) your Feedback does not contain the confidential or proprietary information of you or of third parties; (ii) EZ Book Blaster is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) EZ Book Blaster may have something similar to the Feedback already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from EZ Book Blaster for the Feedback under any circumstances.
OUR INTELLECTUAL PROPERTY RIGHTS. The Software is protected by United States and international intellectual property laws, and treaty provisions. Therefore, You may not distribute the Software without Our permission unless otherwise provided for in this EULA or by law. If You purchase or download the Software in China, India, Indonesia, or Vietnam, You may not copy the Software for any purpose. If You purchase or download the Software in a country not specifically prohibited under this EULA, You may (in addition to the usage copies mentioned above) only make one (1) copy of the Software or You may keep one (1) copy of the Software on a single computing device for backup or archival purposes. For backup or archival purposes only, You may either make only one (1) copy of the Software and the Printed Materials or print one copy of any user documentation if You downloaded the Software or You may keep one (1) copy the Software on a single computing device. Unless otherwise permitted by mandatory law, You may not copy the Software. You agree that EZ Book Blaster, the EZ Book Blaster logos, and other EZ Book Blaster trademarks, service marks, and graphics are trademarks of EZ Book Blaster (some in the United States and/or other countries) or are trademarks of EZ Book Blaster’s partners (“Marks”). You are not granted a right to use Marks without the owner’s permission, unless permitted by mandatory law. You will not remove, obscure, or alter any proprietary notices affixed to or contained within the Software. You understand and agree that We have the right to stop selling, distributing, servicing, or updating the Software (or any part of it) and services or offerings at any time.
BUSINESS USERS: If You are a business, You agree to maintain records, systems and/or procedures that accurately record the number of copies of the Software that have been acquired and installed on Your Computers and keep the records for two (2) years from the date Your license to use the Software ends. EZ Book Blaster or an agent of EZ Book Blaster may conduct an audit (remotely or at Your facility) of records and systems from Your business to verify that Your installation of the Software conforms with a valid license from EZ Book Blaster and with the terms and conditions of this EULA. You are obliged to support EZ Book Blaster’s audit to the best of Your abilities. EZ Book Blaster will not conduct more than one (1) audit per year. EZ Book Blaster will respect Your legitimate interests, the protection of confidential information and applicable law. If You substantiate legitimate confidentiality interests, EZ Book Blaster shall be obliged to have the audit done by an independent auditor being subject to strict confidentiality obligations. If the audit results find that Your use does not conform to a valid license, then You will immediately obtain a valid license for the Software; in such case EZ Book Blaster reserves the right to claim reimbursement of the audit costs from You.
PRE-COMMERCIAL RELEASE OR BETA SOFTWARE. If the Software You have received or are accessing with this EULA is a pre-commercial release or a beta version and you have agreed to receive a pre-commercial release or beta version, then You understand the Software is a pre-release, non-commercial version and does not represent a final product of EZ Book Blaster. The Software may contain bugs, errors and other problems that could cause computer system failures and data loss. THEREFORE, ALL PRE-RELEASE OR BETA SOFTWARE IS PROVIDED ON AN “AS-IS” BASIS. RESTRICTIONS OF LIABILITY APPLY AS STIPULATED BELOW.
EVALUATION SOFTWARE. If the Software is identified as a demonstration, evaluation, or trial version (“Evaluation Version”) in the applicable user documentation, You may install and access one (1) copy of the Software only for the purpose of evaluation and/or demonstration. Unless You are authorized by EZ Book Blaster, You may not use Our Software for competitive analysis or commercial, professional, or other for-profit purposes. You understand that at the end of the evaluation period, You must either stop using the Software or pay for the Software to continue using it. If You fail to pay for it, then Your license terminates. Upon expiration of the evaluation period, You will immediately discontinue use of the Evaluation Version and delete and destroy all electronic copies of the Evaluation Version including, but not limited to, all user documentation that may have been provided as part of the evaluation from Your computer and any other computer devices on which You have installed the Evaluation Version. Any attempt to circumvent any expiration date technology is in violation of this EULA and will automatically and immediately terminate Your license to use the Evaluation Version.
LIMITED AND RESTRICTED WARRANTY (COUNTRIES OTHER THAN THOSE LISTED SEPARATELY BELOW UNDER “ADDITIONAL EULA TERMS”). If You purchased the Software on a computer disc, then EZ Book Blaster warrants that the media on which Software is furnished will be free of defects in materials and workmanship under normal use for a period of ninety (90) days from the date You purchased the Software. The Software when properly installed and under normal use will substantially conform to the features and functionality as set forth in the documentation accompanying the Software; however, the Software may contain immaterial bugs and errors. Therefore, the Software – as the case may be in deviation of applicable statutory law – is provided on the basis that remedies regarding such immaterial bugs and errors will only be provided from time to time by bug fixes. This warranty is not valid for purchasers of used Software. IF THE DISC IS DEFECTIVE, THEN EZ BOOK BLASTER’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL BE REPLACEMENT OF THE DEFECTIVE COMPUTER DISC IF YOU RETURN THE DEFECTIVE DISC TO US WITH A COPY OF YOUR RECEIPT. Your right to a replacement of the Software is void if the damage to the disc is a result of accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period. YOU ASSUME ALL RESPONSIBILITIES FOR CHOOSING, INSTALLING, AND USING THE SOFTWARE. UNLESS OTHERWISE PROVIDED FOR REGARDING SPECIFIC COUNTRIES AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EZ BOOK BLASTER DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. SOME STATES OR COUNTRIES DO NOT ALLOW THE WARRANTY EXCLUSION OR LIMITATIONS; THE ABOVE LIMITATION MAY NOT APPLY TO YOU. In such instances, EZ Book Blaster may remedy substantial defects of the Software at its reasonable discretion by (a) providing a patch, Update or replacement of the Software, or (b) asking for return of the Software and cancelling this EULA. You are entitled to a reduction of the purchase price or a rescission of this EULA only if EZ Book Blaster has repeatedly failed to remedy the defect after a reasonable period of time. If You are a Private Users, Your claims under this clause are time-barred in twenty-four (24) months from receipt of Software; if You are a Business User, Your claims under this clause are time-barred in twelve (12) months. If You alter the Software in any way without being authorized by EZ Book Blaster, EZ Book Blaster will not remedy defects caused by such alteration and You are liable for any damages incurred by EZ Book Blaster due to Your unauthorized alteration. IF YOU INSTALL PRE-RELEASE VERSION PRODUCTS MARKED AS SUCH, YOU DO SO AT YOUR OWN RISK. Pre-release version products are to be used only for test purposes in testing environments and must not be used for production purposes. To make a warranty claim You must provide a detailed error description to EZ Book Blaster Customer Service or, at EZ Book Blaster’s request, return the Software along with any return materials authorization information provided to You by EZ Book Blaster, EZ Book Blaster Customer Service at www.EZ Book Blaster.com.
THE SOFTWARE MAY CONTAIN “OPEN SOURCE” MATERIALS (E.G., ANY SOFTWARE SUBJECT TO OPEN SOURCE, COPYLEFT, GNU GENERAL PUBLIC LICENSE, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL PUBLIC LICENSE, MOZILLA LICENSE, BERKELEY SOFTWARE DISTRIBUTION LICENSE, OPEN SOURCE INITIATIVE LICENSE, MIT, APACHE OR PUBLIC DOMAIN LICENSES, OR SIMILAR LICENSE). EZ BOOK BLASTER MAKES NO WARRANTIES WITH RESPECT TO OPEN SOURCE MATERIALS CONTAINED IN THE SOFTWARE.
INDIRECT AND CONSEQUENTIAL DAMAGES – COUNTRIES OTHER THAN THOSE LISTED SEPARATELY HEREIN UNDER “ADDITIONAL EULA TERMS”
NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EZ BOOK BLASTER OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EZ BOOK BLASTER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
RESTRICTIONS OF LIABILITY REGARDING CUSTOMERS IN GERMANY
EZ Book Blaster is liable for damages based on an intentional or grossly negligent breach of duty or malice by EZ Book Blaster, its legal representatives or persons whom it uses to perform its obligations. Insofar as EZ Book Blaster is liable for malice pursuant to sentence 1, compensation for damages of commercial customers is limited to the foreseeable, typically arising damages.
Further, EZ Book Blaster is also liable for damages that are caused by simple negligence if the negligence concerns the breach of such contractual obligations the fulfillment of which is of particular importance to achieving the purpose of the contract and in which You may therefore regularly trust (cardinal obligation; Kardinalpflicht). In this case, liability is limited to the foreseeable, typically arising damages.
In addition, EZ Book Blaster has unlimited liability for damage to life, limb, and health for which it is responsible, which are caused by negligent or intentional breach of duty. EZ Book Blaster also assumes liability to the extent it has provided a guaranty as to quality or durability within the context of this guarantee.
Further contractual or statutory liability is – to the extent legally permitted – excluded without regard to the legal status of the claim asserted.
Where EZ Book Blaster’s liability is excluded or limited, this also applies to the personal liability of its employees, representatives and persons whom it uses to perform its obligations as well as EZ Book Blaster’s responsibility for their behavior.
U.S. GOVERNMENT-RESTRICTED RIGHTS. The Software and any accompanying documentation are “commercial computer software” and “commercial computer software documentation,” under DFAR Section 227.7202 and FAR Section 12.212. Any use, modification, reproduction release, performance, display or disclosure of the Software and accompanying documentation by the U.S. government will be governed solely by the terms of this EULA and will be prohibited except to the extent expressly permitted by the terms of this EULA.
EXPORT RESTRICTIONS. You may not download, distribute, export, re-export, or redistribute the Software, including any EZ Book Blaster shareware product, (a) into, or to a national or resident of any country to which the United States has embargoed goods, or (b) to anyone on the United States Treasury Department’s list of ‘Specially Designated’ nationals or the United States Commerce Department’s ‘Table of Deny Orders’. By downloading or using the Software, You represent and warrant that You are not located in, note under the control of, nor a national or resident of any such country or on any such list. Except pursuant to an express, written, fully-executed agreement with EZ Book Blaster, You may not purchase a license to use the Software for the purpose of exporting it to a U.S.-embargoed country, nor may You retain the services of a third party to purchase a license to use the Software if in doing so You will require such third party to send (via any means, electronic or otherwise) the Software to You in a U.S.-embargoed country.
This EULA is the entire agreement between You and EZ Book Blaster and supersedes any other communications or advertisements with respect to the Software and documentation. The Software, or any feature or part thereof, may not be available in all languages or in all countries.
If and to the extent any provision of this EULA is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable but only to the extent of its illegality, invalidity, or unenforceability. No term or provision in this EULA will be considered waived, and no breach excused, unless such waiver is in writing signed on behalf of the party against whom the waiver is asserted. No waiver (whether express or implied) will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach. No modifications or amendments to this EULA will be binding upon EZ Book Blaster unless made in writing and duly executed by You and an authorized representative of EZ Book Blaster.
Some Software versions may not be compatible with various computer operating systems and EZ Book Blaster may not release Updates (particularly Updates establishing compatibility). Your Software may not be compatible with computer operating systems that You may purchase now or in the future. You understand that Software may be incorporated into, and may incorporate itself into, software and other technology owned and controlled by third parties. This EULA remains effective with such incorporation. Any and all other third-party software or technology that may be distributed together with the Software (as bundled third-party software) may be subject to You explicitly accepting a license agreement with that third party. EZ Book Blaster’s licensors shall be a direct and intended third party beneficiary of this EULA.
This EULA specifically excludes the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such ‘Convention’, if otherwise applicable. Except as expressly set forth herein to the extent permitted by applicable law, this EULA shall not prejudice the non-excludable, statutory rights of any party dealing as a consumer.
For users in the US
If You purchased or downloaded the Software in the United States then this EULA is governed by the laws of the United States and the State of Louisiana, without reference to conflict of laws principles. Any dispute between You and EZ Book Blaster regarding this EULA will be subject to the exclusive venue of the state and federal courts in the State of California.
For users in CANADA
If You acquired the Software in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the United States; and any dispute between You and EZ Book Blaster regarding this EULA will be subject to the exclusive jurisdiction of the federal and provincial courts sitting in the United States.
ADDITIONAL EULA TERMS
ADDITIONAL TERMS APPLICABLE TO FIXED TERM LICENSES: Subject to the terms and conditions of this EULA, in the instance of a fixed term license, the license to use the Software begins on date of purchase and shall be for the duration identified by EZ Book Blaster. Use of the software before or beyond the applicable fixed term, or any attempt to defeat the time-control disabling function in the Software, is an unauthorized use and constitutes a material breach of this EULA and applicable law.
ADDITIONAL TERMS APPLICABLE TO USERS OF EZ BOOK BLASTER: You agree that You will not use the Line of Products in those jurisdictions where use of video and/or audio decoder software is unlawful.
ADDITIONAL TERMS APPLICABLE TO USERS OF WORDPERFECT OFFICE: You acknowledge this product may incorporate intellectual property owned by Absolute Author Publishing House. The terms and conditions upon which we license its intellectual property can be obtained by contacting Absolute Author Publishing House.
ADDITIONAL TERMS APPLICABLE TO USERS OF SOFTWARE LOCATED IN GERMANY OR AUSTRIA: If You obtained the Software in Germany or Austria, then mandatory German and Austrian product liability and other consumer protection laws concerning remedies for defective goods shall apply and govern any inconsistencies between such laws and the provisions of this EULA set forth above.
Regarding WARRANTY the following shall apply: The Software when properly installed and under normal use will substantially conform to the features and functionality as set forth in the documentation accompanying the Software. However, the Software may contain immaterial bugs and errors. Therefore, the Software – as the case may be in deviation of applicable statutory law – is provided on the basis that remedies regarding such immaterial bugs and errors will only be provided from time to time by bug fixes.
Regarding LIABILITY the provisions under RESTRICTIONS OF LIABILITY REGARDING CUSTOMERS IN GERMANY shall apply.
ADDITIONAL TERMS APPLICABLE TO USERS OF HARDWARE OR SOFTWARE LOCATED IN THE UNITED KINGDOM: If (a) You are acting as a consumer and the United Kingdom is Your legal residence; (b) You entered into this EULA in the United Kingdom; and (c) You have obtained the Software in the United Kingdom, then the limitation of liability and warranty provisions set forth in applicable consumer protection and warranty laws of the United Kingdom shall apply and govern any inconsistencies between such laws and the provisions of this EULA set forth above.
ADDITIONAL TERMS APPLICABLE TO USERS OF HARDWARE OR SOFTWARE LOCATED IN AUSTRALIA:
LIMITED WARRANTY (AUSTRALIAN CONSUMERS ONLY)
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for “major failure” and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.
The term “major failure” is defined in the Australian Consumer Law and includes but is not limited to where the goods are substantially unfit for purpose and cannot easily and within a reasonable time be remedied to make them fit for such a purpose, or where the goods depart in one or more significant respects, if they were supplied by description – from that description.
The warranty provided under this section is provided by EZ Book Blaster.
We warrant that the media on which Software is furnished will be free of defects in materials and workmanship under normal use for a period of ninety (90) days from the date You purchased the Software. The benefits provided by this express warranty are in addition to any other rights and remedies of the consumer under any law in relation to the goods or service to which the warranty relates.
The Software when properly installed and under normal use will substantially conform to the features and functionality as set forth in the documentation accompanying the Software; however, the Software may contain normal bugs and errors. Bug fixes and Updates will be provided from time to time.
If the disc is defective, then, without limiting any other obligations at law, EZ Book Blaster will replace the defective computer disc if you return the defective disc to us with a copy of your receipt. Any replacement Software will be warranted for the original warranty period covered by this section.
EXCLUSIONS (AUSTRALIA ONLY)
The warranty provided under this section does not cover defects or problems that arise due to You causing the Software to become of unacceptable quality, such as failure to take reasonable care or damage caused by abnormal use. Further, You assume all responsibilities for choosing, installing, and using the Software.
Except as set out above, to the maximum extent permitted by applicable law, EZ Book Blaster disclaims all other warranties, either express or implied, including but not limited to non-infringement with respect to the Software and the accompanying written materials.
If You alter the Software in any way without being authorized by EZ Book Blaster, EZ Book Blaster will not remedy defects caused by such alteration and You are liable for any damages incurred by EZ Book Blaster due to Your unauthorized alteration. If you install pre-release version products marked as such, you do so at your own risk. Pre-release version products are to be used only for test purposes in testing environments and must not be used for production purposes.
HOW TO CLAIM UNDER THE WARRANTY (AUSTRALIA ONLY)
For the warranty to be honored, you must contact EZ Book Blaster’s Customer Service centre www.EZ Book Blaster.com/support/rma/ and seek a Return Merchandise Authorisation (RMA) number. More detailed RMA instructions together with shipping information and an RMA number will then be sent to you by email. You will be required to provide proof of purchase and bear the costs of returning the Software. The Software together with all related media and manuals must be returned to EZ Book Blaster. Software must also be uninstalled from your computer and any storage devices and you must delete any backup copies. We will endeavor to process your claim within 10 working days from the date EZ Book Blaster receives it. If we accept that the Software is defective, a replacement disc will be provided to you by mail.
INDIRECT AND CONSEQUENTIAL LOSS – AUSTRALIA
TO THE EXTENT PERMITTED UNDER AUSTRALIAN LAW, EZ BOOK BLASTER SHALL HAVE NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EZ BOOK BLASTER OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER INDIRECT PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ADDITIONAL TERMS APPLICABLE TO USERS OF SOFTWARE CONTAINING SHAREWARE: Certain Software are shareware and as such are acquired without charge and can be used for a limited period of time for evaluation purposes and are subject to the particular end user license for such shareware.
January 2020 v.1.0
Our Lawful Basis for Collecting Customer’s Data
|ACTIVITY OR PURPOSE||DESCRIPTION AS TO WHY||TYPE OF DATA COLLECTED||LEGAL BASIS|
|In order to provide our Software to our Customers||
To provide our Software
Service which may include
Maintenance and or support of your account, facilitate account activation and for managing
|This is necessary for the fulfillment of the terms of our services or to take steps necessary to enter into our agreement to provide our service and/or software.|
|In order to manage and maintain our business relationship with you.||To enable us to notify you of updates to our services, or software, to our terms of service, or to our privacy notice.||
Customer Identity Data
Customer Contact Data
Legitimate Interest in maintaining business relationship with the customer.
This is necessary for the fulfillment of the terms of our services or to take steps necessary to enter into our agreement to provide our service and/or software.
|Administration||We may at times need to process Personal Data about you to meet our internal administration requirements||
Customer Identity Data
Customer Contact Data
Legitimate Interest in maintaining business relationship with the customer.
|Dispute Resolution||We may at times need to process Personal Date for matters such as dispute resolution.||
Customer Identity Data
Customer Contact Data
Legitimate Interest in maintaining business relationship with the customer.
At times we might contact you by email or telephone ab out updates to our services, new features or functions or new products we are launching. We will always include the right to opt out of any such correspondence to each customer.
We may also use third party services which enable us to promote services to you on third party websites or platforms.
Our marketing my be tailored on the basis of what we think you would be interested from looking at our traffic and usage data collected using cookies and other similar technologies as well as past transactions and interactions.
Customer Identity Data
Customer Contact Data
Legitimate Interest in maintaining business relationship with the customer.
|Branding of our Software||
At times we might contact you by email or telephone about updates to our services, new features or functions or new products we are launching. We will always include the right to opt out of any such correspondence to each customer.
Customer Identity Data
Customer Contact Data
Legitimate Interest in maintaining business relationship with the customer.
DO YOU DISCLOSE PERSONAL DATA TO ANYONE ELSE?
1. On occasion as necessary our staff and employees will have access to the Personal Data strictly to the extent necessary to provide our service,
2. to our host provider to store the data,
4. If we sell, transfer or merge parts of our business or our assets. If a change happens to our business, then the new owners will only be entitled to use Personal Data in accordance with the provisions set out in this privacy notice.
5. Credit Card transactions
6. Providing financial planning service.
LEGALLY REQUIRED RELEASES OF INFORMATION
We may be legally required to disclose your Personal Data if such disclosure is:
• required by subpoena, law, or other legal process.
• necessary to assist law enforcement officials or government enforcement agencies.
• necessary to investigate violations of or otherwise enforce our Legal Terms.
• necessary to protect us from legal action or claims from third parties, including you and/or other users or members.
• necessary to protect the legal rights, personal/real property, or personal safety of our company, users, employees, and affiliates.
DO NOT TRACK SETTINGS
You may modify and control how and when cookies are set through your browser settings. If you choose to reject cookies, certain of the functions and conveniences of our website may not work properly, and you may be unable to use some of our services that require registration in order to participate, or you will have to re-register each time you visit our site.
AT USER REGISTRATION OR WHEN USING PRODUCTS OR SERVICES
When you are registering for our product or free tools or free products, during the purchasing process, or when using our website and services, we may collect some or all of the following information: your first and last name, email address, physical address, company name, credit card or other payment information, phone number, user name, password, and other information listed.
We may also use a technology called web beacons and other technologies, such as pixels and ad tags, to collect general information about your use of our website and your use of special promotions or newsletters. The information we collect by web beacons allows us to statistically monitor the number of people who open our emails. Web beacons also help us to understand the behavior of our customers, members, and visitors.
When you use a location-enabled device, we may collect and process information about your actual location, like GPS signals sent by a mobile device. We also may use various locations to determine location, such as sensor data from your device that may, for example, provide information on nearby Wi-Fi access points and cell towers.
As new technologies emerge, we may be able to improve our services or provide you with new ones, which means that we may create new ways to collect information on the site and our services. If we offer a new service or new features to our existing site, for example, these changes may result in our collecting new information in order to improve your user experience.
Our website uses Google Analytics to collect information about the use of our website. Google Analytics collects information from users such as age, gender, interests, demographics, how often they visit our website, what pages they visit, and what other websites they have used before coming to our website. We use the information we get from Google Analytics to analyze traffic, remarket our products and services to users, improve our marketing, advertising, and to improve our website. We have enabled Google Analytics advertising features such as remarketing with Google Analytics, Google Display Network Impression Reporting, and Google Analytics Demographics and Interest Reporting. Google Analytics collects only the IP address assigned to you on the date you visit our website, not your name or other identifying information. We do not combine the information collected using Google Analytics with Personal Data. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit our website, the cookie cannot be used by anyone but Google. Google also uses specific identifiers to help collect information about the use of our website. For more information on how Google collects and processes your data, visit https://www.google.com/policies/privacy/partners/
You can prevent Google Analytics from using your information by opting out at this link: https://tools.google.com/dlpage/gaoptout
HOW YOUR INFORMATION IS USED
We use your information for our legitimate interests including:
• Provide our products and services you have requested or purchased from us.
• Respond to your questions and provide you support.
• Personalize and customize our content.
• Make improvements to our website.
• Contact you with updates to our product.
• Resolve problems and disputes.
• Contact you with marketing and advertising that we believe may be of interest to you.
COMMUNICATIONS AND EMAILS
From time to time EZ Book Blaster (and our partners, affiliates, and resellers) may email you electronic newsletters, announcements, surveys or other information. If you prefer not to receive any or all of these communications, you may opt out by following the unsubscribe directions provided within the electronic newsletters and announcements. While you may opt-out of receiving promotional emails from EZ Book Blaster, you may not opt out of receiving product related transactional emails from us relating to your active EZ Book Blaster account.
SHARING INFORMATION WITH AFFILIATES AND OTHER THIRD PARTIES
We do not sell or rent your Personal Data to third parties for marketing purposes. We do, however, engage third party companies and individuals to perform services on our behalf. The types of services and providers may include:
• Order Management, Subscription Management, Billing, and Payment processors such as Adobe Sign, Zuora, Vantiv, Paypal and others.
• Analytics services (Google Analytics, Geckoboards, Hotjar, SpyFu, Profitwell, Tableau or MaxMind).
• Advertising networks (Google, Facebook, Bing, Goodreads, Yahoo, or Amazon).
• Data management services (JVZOO, Clickbank, Marketo, Salesforce, or Mintigo).
• Communication services (GoToMeeting, TimeTrade, Snapengage).
• Product management services (FullStory, AWS, AppCues, PaperTrail, or Mixpanel).
• Customer success services (Gainsight or GetFeedback).
• Auditors (MFA – Moody, Famiglietti& Andronico)
These third parties have access to your information so that they may perform these tasks on our behalf and they are prohibited by us from using or disclosing your information for any purpose other than to provide this assistance, except to the extent required by law. We may permit our service providers to use aggregate information that does not identify you or de-identified data for other purposes.
We may monitor or record any of your telephone conversations, emails, or chats with us for quality control purposes, for purposes of training our employees, and for our own protection.
DISCLOSURES TO SUCCESSORS
We also retain the right to transfer your Personal Data if our company files for bankruptcy and some or all of our assets are sold to another individual or business.
Retaining Your Personal Data
We retain Personal Data that you provide us as long as we consider it potentially useful in contacting you about our product or our other services, or as needed to comply with our legal obligations, resolve disputes and enforce our agreements, and then we securely delete the data. We will delete this data from the servers at an earlier date if you so request, as described in “Reviewing, Correcting, and Removing Your Personal Data” below.
REVIEWING, CORRECTING, AND REMOVING YOUR PERSONAL DATA
Upon request EZ Book Blaster will provide you with information about whether we hold any of your Personal Data. If you provide us with your Personal Data, you have the following rights with respect to that information:
• To review the user information that you have supplied to us
• To request that we correct any errors, outdated information, or omissions in user information that you have supplied to us
• To request that your user information not be used to contact you
• To request that your user information be removed from any solicitation list that we use
• To request that your user information be deleted from our records
• To opt-out of being solicited by WordStream or third parties
To exercise any of these rights, please contact us at EZBookBlaster@gmail.com Attn: Privacy. We will respond to your request to change, correct, or delete your information within a reasonable timeframe and notify you of the action we have taken.
LINKS TO OTHER WEBSITES
PROTECTING CHILDREN’S PRIVACY
Even though our website is not designed for use by anyone under the age of 18, we realize that a child under the age of 18 may attempt to access our website. We do not knowingly collect Personal Data from children under the age of 18. If you are a parent or guardian and believe that your child is using our website, please contact us at EZBookBlaster@gmail.com Attn: Children’s Privacy. Before we remove any information, we may ask for proof of identification to prevent malicious removal of account information. If we discover that a child is accessing our website, we will delete his/her information within 30 days. You acknowledge that we do not verify the age of our users nor do we have any liability to do so.
OUR EMAIL POLICY
You can always opt out of receiving further email correspondence from us. We will not sell, rent, or trade your email address to any unaffiliated third party without your permission except in the sale or transfer of our business, or if our company files for bankruptcy.
OUR SECURITY POLICY
We have built our website and products using industry-standard security measures and authentication tools to protect the security of your Personal Data. We implement robust security procedures to safeguard the data we hold. We and the third parties who provide services for us, also maintain technical and physical safeguards to protect your Personal Data. We also periodically monitor our system for possible vulnerabilities and attacks, consistent with industry standards. When we collect your credit card information through our website, we will encrypt it before it travels over the Internet using industry-standard technology for conducting secure online transactions. Unfortunately, we cannot guarantee against the loss or misuse of your Personal Data or secure data transmission over the Internet because of its nature.
There are some steps you can take to help make sure that your data is protected. For example:
(a) if you are contacting us with a query or complaint, only ever give us your work details rather than your personal contact details; (b) if you are sending any financial details or sensitive information, consider sending it in separate emails or encrypted, password-protected documents; and (c) make sure that you keep any user names and passwords associated with your Service account secure.
We strongly urge you to protect any password you may have for our website and to not share it with anyone. You should always log out of our website when you finish using it, especially if you are sharing or using a computer in a public place. Please note that emails, instant messaging, and similar means of communication with other EZ Book Blaster website users, if any, are not encrypted, so you should not communicate any confidential information through these means.
WHERE DO YOU STORE THE PERSONAL DATA YOU COLLECT?
Our servers are currently based in USA. If you would like further information about where we store your data, please contact us at EZBookBlaster@gmail.com.
HOW LONG DO YOU STORE PERSONAL DATA?
Our retention policy for Customer Data is following: (a) we may store data related to transactions for up to 7 years to ensure that we have sufficient records from an accounting and tax perspective. Any such data retained for a longer period will be anonymized so that an individual cannot be identified; (b) we may archive data relating to negotiations, contracts agreed, payments made, disputes raised and your use of our software for up to 6 years to protect ourselves in the event of a dispute arising between you and us. Any such data retained for a longer period will be anonymized so that an individual cannot be identified; (c) we may retain data which is held for marketing purposes until the Data Subject opts out. We will always include an opt-out in every marketing communication we send out. (d) we may store aggregate data without limitation (on the basis that no individual can be identified from the data.
WHAT RIGHTS DO I HAVE IN RESPECT OF ANY PERSONAL DATA YOU HOLD ABOUT ME?
Data Subjects have the following rights in respect of Personal Data relating to them which can be enforced against whoever is the Controller. This will be us in respect of Customer Data, and you in respect of Customer’s Data Subject Data:
(a) Right to be informed: the right to be informed about what Personal Data the Controller collects and stores about you and how it’s used.
(b) Right of access: the right to request a copy of the Personal Data held, as well as confirmation of:
(i) the purposes of the processing;
(ii) the categories of personal data concerned;
(iii) the recipients to whom the personal data has/will be disclosed;
(iv) for how long it will be stored; and
(v) if data wasn’t collected directly from you, information about the source.
(c) Right of rectification: the right to require the Controller to correct any Personal Data held about you which is inaccurate or incomplete.
(d) Right to be forgotten: in certain circumstances, the right to have the Personal Data held about you erased from the Controller’s records. PRIVACY NOTICE FOR ABSOLUTE AUTHOR PUBLISHING HOUSE
(e) Right to restriction of processing: the right to request the Controller to restrict the processing carried out in respect of Personal Data relating to you. You might want to do this, for instance, if you think the data held by the Controller is inaccurate and you would like to restrict processing the data has been reviewed and updated if necessary.
(f) Right of portability: the right to have the Personal Data held by the Controller about you transferred to another organization, to the extent it was provided in a structured, commonly used and machine-readable format.
(g) Right to object to direct marketing: the right to object where processing is carried out for direct marketing purposes (including profiling in connection with that purpose.
(h) Right to object to automated processing: the right not to be subject to a decision based solely on automated processing (including profiling) which produces legal effects (or other similar significant effects) on you.
If you want to avail of any of these rights, you should contact us immediately at EZBookBlaster@gmail.com. If you do contact us with a request, we will also need evidence that you are who you say you are to ensure compliance with data protection legislation.
WHAT HAPPENS IF I NO LONGER WANT YOU TO PROCESS PERSONAL DATA ABOUT ME?
You may notify us at any time that you no longer want us to process Personal Data about you for particular purposes. or for any purposes whatsoever. This may have an impact on the services you receive from us. For example, if you ask us to stop processing Personal Data about you, you will no longer be able to access Software since we will not be able to identify you.
A request to stop receiving direct marketing communications will not impact your access to Software.
WHO DO I COMPLAIN TO IF I’M NOT HAPPY WITH HOW YOU PROCESS PERSONAL DATA ABOUT ME?
If you have any questions or concerns about how we are using Personal Data about you, please contact our Data Protection Officer immediately at our registered address EZBookBlaster@gmail.com
USE OF YOUR CREDIT CARD
You may have to provide a credit card to buy products and services from our website. We use third-party billing services with JVZOO. We use our commercially reasonable efforts to make sure your credit card number is kept strictly confidential by using only third-party billing services that use industry-standard encryption technology to protect your credit card number from unauthorized use. However, you understand and agree that we are in no way responsible for any misuse of your credit card number.
DATA TRANSFERS AND PRIVACY SHIELD
Your personal information may be transferred to, and processed in, countries other than the country in which you are resident. These countries may have data protection laws that are different from the laws of your country (and, in some cases, may not be as protective).
We have taken appropriate safeguards to require that your personal information will remain protected in accordance with this privacy notice.
EZ Book Blaster has applied to participate in the EU-U.S. Privacy Shield Framework and the Swiss – U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data transferred from the European Union (EU) and Switzerland to the United States, respectively.
EZ Book Blaster has certified to the Department of Commerce that it adheres to the Privacy Shield Principles, and commits to comply with the Privacy Shield Principles as they apply to the personal data of EU and Swiss residents. If there is any conflict between the terms in this privacy notice and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.
EZ Book Blaster is responsible for the processing of personal data it receives under the Privacy Shield Framework and subsequently transfers to a third party acting as an agent on its behalf.
EZ Book Blaster complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
EZ Book Blaster commits to resolve complaints about our collection or use of your personal data in accordance with the Privacy Shield Principles. Individuals in the EU or Switzerland may submit queries related to the processing of personal data under the Privacy Shield framework by contacting us directly at email@example.com.
EZ Book Blaster has further committed to cooperate with the European data protection authorities (the “DPAs”) and/or the Swiss Federal Data Protection and Information Commissioner (the “Commissioner”), as applicable. If we have not been able to successfully resolve your query or complaint and you are based in the EEA or Switzerland, you may raise your query or complaint directly to the DPA or Commissioner. The services of the DPAs and Commissioner are provided at no cost to you. You can find details of the relevant DPA at http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm. EZ Book Blaster will comply with any advice given by the DPAs and/or Commissioner, and take necessary actions to remediate any non-compliance with the Privacy Shield Principles.
If your inquiry still has not been satisfactorily resolved, you may have other recourse mechanisms such as invoking binding arbitration by the Privacy Shield Panel.
Last updated: February 11, 2020