End User License Agreement

 

End User License Agreement

BITLIT END USER LICENSE AGREEMENT

This end user license agreement (“EULA”) was last updated on January 3rd, 2014. This EULA is a legally binding agreement between you and BitLit Media Inc. (“BitLit”). Please read it carefully.

1. ACCEPTANCE

By using the BitLit website (the “Website”) and downloading and installing BitLit for Android software and/or any updates to such software provided by BitLit Media Inc. (the “Application“) you agree: (1) to fully comply with the terms and conditions of this EULA; and (2) to the terms and conditions of BitLit’s privacy policy, found atwww.bitlit.com/android-privacy-policy (the “Privacy Policy”). If you do not agree with the terms and conditions of this EULA or the Privacy Policy, do not use the Application. The term “you” or “your” in this EULA means you as an individual.

Although BitLit may attempt to notify you when major changes are made to this EULA or the Privacy Policy, you should periodically review the most up-to-date version on the Website. BitLit may, in its sole discretion, modify or revise the EULA and the Privacy Policy at any time, and your continued use of the Application signifies your agreement to be bound by such modifications or revisions.

2. LICENSE

Subject to the terms and conditions of this EULA, BitLit grants to you a royalty-free, non-transferable, non-sublicensable, non-exclusive, revocable and limited license to use the Application for non-commercial purposes, without modification. The Application allows you to access book content which BitLit [licenses from third parties]. As part of using the Application, you are hereby granted a royalty-free, non-exclusive, non-transferable, non-sublicensable, revocable and limited sub-license to download and view book content provided by third parties solely for the purposes intended through the use of the Application.

3. OWNERSHIP

Subject to the license granted in Section 2, you acknowledge that BitLit reserves all rights, title and interest that it may have in the Website and the Application, including but not limited to any and all intellectual property rights, whether or not registered or registrable, including patents, patentable and non-patentable ideas, inventions, innovations, arts, processes, manufactures, developments, improvements, trademarks, design rights, copyrights, moral rights, database rights, confidential or proprietary information or trade secrets and all rights of an equivalent nature anywhere in the world. Nothing in this EULA constitutes or should be construed as a sale of the Application, or of any intellectual property rights related thereto. BitLit reserves all rights not expressly granted herein.

4. SUPPORTED DEVICES

The Application may be used only on Supported Devices. A “Supported Device” is a device running Android version(s) 4.0, and higher.

5. PAYMENT AND TAXES

If there is a charge associated with your use of the Application, including fees required for the downloading or accessing of any eBook, you agree to pay that charge. Prices stated exclude all applicable taxes and currency exchange settlements, unless stated otherwise. You are responsible for paying such taxes or other charges.

In order to pay for book content, as required, you will be asked to provide a payment method. You can access and change your billing account information and payment method on the Google Play. Additionally, you agree to permit BitLit to use any updated account information regarding your payment method provided by your issuing bank or the applicable payment network. You agree to keep your billing account and contact information current at all times.

By providing Google Play with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; and (ii) authorize BitLit to charge you for the related book content purchase using your payment method. We may bill you at the time of purchase or shortly after purchase.

You agree to submit any disputes regarding any charge to your account in writing to BitLit within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.]

6. PERMITTED USES AND RESTRICTIONS

(a) This EULA allows you to use the Application on any Supported Device that you own or control, and on no other devices.

(b) The Application is available for download only from the Google Play Store. You may not distribute or make the Application available over any other service.

(c) With respect to updates to the Application that BitLit may make available for download, this EULA allows you to download such Application updates to update or restore the Application on any Supported Device that you own or control.

(d) Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the Application, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Application or Application updates, or any part thereof. Any attempt to do so is a violation of the rights of BitLit and its licensors. If you breach this restriction, you may be subject to prosecution and damages.

(e) You may not rent, lease, lend, redistribute or sublicense the Application.

(f) The Application is available only for Supported Devices.

(g) The Application is for use only for books which you own. You may not use the Application on books which you have borrowed, rented, or in any other way have in your possession which are not owned by you. Failure to comply with these terms may result in the suspension of your license to use the Application. Use of the Application on books which are not yours may results in action to collect damages by BitLit and other wronged parties.

(h) The Application allows you to validate your ownership of a book by writing your name onto your book’s copyright page in indelible ink. BitLit may request that you re-validate your ownership of a book you previously validated using the Application for a period of up to four (4) weeks after the data of your initial validation of ownership using the Application. If you are requested to re-validate your ownership of a book that you previously validated, you must re-validate your ownership using the exact same book with the exact same transcription of your name on the copyright page. If you fail to re-validate your ownership of the previously validated book, BitLit may suspend or terminate your license to use the Application. BitLit may further release your personal information to third parties to seek damages as described in the Privacy Policy.

7. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

THE APPLICATION IS PROVIDED BY BITLIT “AS IS” AND “AS AVAILABLE” BASIS. IN PARTICULAR, BITLIT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS AND THEIR SUPPLIERS, DO NOT REPRESENT OR WARRANT TO YOU THAT YOUR USE OF THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR, THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE APPLICATION WILL BE CORRECTED, OR THAT THE APPLICATION IS APPROPRIATE FOR ANY PARTICULAR PURPOSE OR COMPATIBLE WITH ANY PARTICULAR HARDWARE.

IN NO EVENT SHALL BITLIT 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 THE APPLICATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

BITLIT IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY PROVIDER OF ANY THE CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, TELECOMMUNICATIONS PROVIDERS, BOOK CONTENT PROVIDED BY THIRD PARTIES, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY BITLIT.

8. INDEMINTY

You agree to defend, indemnify and hold harmless BitLit and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of or access to the Application; (ii) your violation of any term of this EULA; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defence and indemnification obligation will survive termination of this EULA and your use of the Application.

9. TERM AND TERMINATION

BitLit may terminate this EULA if any third party (including, but not limited to, Google Inc. (“Google”), or your network connectivity provider) restricts, prevents or ceases to authorize the installation or use of the Application on Android devices or over your network. BitLit and other third parties, may also delete the Application from your device without your consent.

In addition, BitLit may at any time terminate this EULA and prevent you from accessing the Application:

(a) if you have breached any provision of this EULA (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this EULA);

(b) if BitLit in its sole discretion believes it is required to do so by law (for example, where use of the Application by you is, or becomes, unlawful); or

(c) for any other reason.

Upon any such termination described above, you shall no longer be permitted to use the Application, and shall delete or destroy all copies of the Application in your possession. Termination of this EULA shall not entitle you to any refund, credit, or other compensation from BitLit under any agreement with BitLit or any other agreement or from any third party.

10. SERVICE LEVEL AGREEMENT

No service level agreements in effect between you and BitLit shall apply to the Application.

11. DATA COLLECTION

During your use of the Application we may collect certain non-identifiable statistical data in order to help us improve the Application. For example, we may collect information related to the type of device the Application is running on, the Android operating system version, currently installed applications, etc. We collect this data for statistical purposes only and use it to make the Application more efficient and effective and to improve the overall user experience.

During your use of the Application we may collect certain personally identifiable information. Our use of your personally identifiable information is governed by the Privacy Policy (www.bitlit.com/android-privacy-policy)

By running the Application on your device, you consent for BitLit to collect non-identifiable and personally identifiable information, which is fundamentally necessary for the service it provides. If you do not consent, please delete the Application; this will destroy any collected data stored on your device and will prevent any further data from being transmitted to our servers.

12. OTHER SERVICES

This EULA applies only to your use of the Application. Use of any other services provided by BitLit and/or its affiliates or subsidiaries (including services that the Application may allow you to access or interact with) are governed by the applicable master subscription or other agreement for that service and not this EULA. Your use of other services provided by third parties is governed by your applicable agreement with that third party.

13. SURVIVAL

Notwithstanding any term to the contrary contained in this EULA, the provisions which by their nature ought reasonably to survive shall survive any actual or purported termination or expiry of this EULA, and continue in full force and effect, including without limitation, Sections 3, 5, 6, 7, 8, 11, 15, 16, 17 and 18 of this EULA.

14. FORCE MAJEURE

BitLit shall not be liable for any failure or delay in use of the Application, or lost access to the Application, any book content, materials or information under this EULA to the extent said failures or delays result or arise from (i) failures of software or other computer programming, (ii) natural weather events or acts of God, or (iii) any other events beyond BitLit’s reasonable control, including, without limitation, failure of third party suppliers, subcontractors, service providers and carriers.

15. GOVERNING LAW AND FORUM FOR DISPUTES

If there is any dispute between you and BitLit about or involving the Application, by using the Application, you agree that the dispute shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, and the federal laws of Canada applicable therein without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the courts of the province of British Columbia in respect to any claim, proceeding or action relating to or otherwise arising out of or related to this EULA, or the Application, howsoever arising, provided always that BitLit may seek and obtain injunctive relief in any jurisdiction in relation to this EULA.

16. SERVERABILITY

If any portion of this EULA is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this EULA as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this EULA that is unlawful, void or unenforceable shall be stricken from this EULA.

17. WAIVER

You agree that if BitLit does not exercise or enforce any legal right or remedy which is contained in this EULA (or which BitLit has the benefit of under any applicable law), this will not be taken to be a formal waiver of BitLit’s rights and that those rights or remedies will still be available to BitLit.

18. ENTIRE AGREEMENT

This EULA and the Privacy Policy represent the entire understanding and agreement between you and BitLit regarding the subject matter of the same, and supersedes and replaces all other previous agreements, including, without limitation all previously posted EULAs.

END OF EULA

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