This Mobile Application End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and LYRASIS, with offices located at 1438 West Peachtree Street, NW, Suite 150, Atlanta, Georgia, 30309 (“Company”). This Agreement governs your use of the Palace Project mobile application, (including all related documentation, the “Application”). The Application is licensed, not sold, to you. Notwithstanding the foregoing, software having a separate end user license agreement shall be covered by that separate end user license agreement and shall be expressly excluded from the definition of Application.
BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.
We may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Application thereafter. Your continued use of the Application following the posting of revised terms means that you accept and agree to the changes. You are expected to check these terms each time you use this Application so you are aware of any changes, as they are binding on you.
License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application’s documentation. Use of the Application is void where prohibited. Individuals under the age of 13 are not permitted to use the Application without the supervision of a parent or legal guardian.
License Restrictions. Licensee shall not:
copy the Application, except as expressly permitted by this license;
modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; or
use the Application to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation;
engage in any activity or use the Application in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Application, or any servers or networks connected to the Application or Company’s security systems;
use the Application in violation of any Company policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations, and you agree that you are solely responsible for compliance with all such laws and regulations; or
use the Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.
Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
Modification. Company may modify any of the terms and conditions contained in this Agreement at any time and at Company’s sole discretion. From time to time, Company, or third parties may automatically update or otherwise modify the Application, including, but not limited to, for purposes of enhancement of security functions, error correction and improvement of functions, at such time as you interact with Company’s or third parties’ servers, or otherwise. Such updates or modifications may delete or change the nature of the features or other aspects of the Application, including functions you may rely upon. You hereby agree that such activities may occur at Company’s sole discretion and that Company may condition continued use of the Application upon your complete installation or acceptance of such update or modifications. Any updates/modifications shall be deemed to be, and shall constitute part of, the Application for purposes of this Agreement. By acceptance of this Agreement, you consent to such update/modification. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR SOLE RECOURSE IS TO TERMINATE THIS AGREEMENT BY DISCONTINUING USE OF THE APPLICATION AND REMOVING IT FROM YOUR MOBILE DEVICE. YOUR CONTINUED USAGE OF THE APPLICATION AND/OR CONTENT FOLLOWING COMPANY’S MODIFICATION CONSTITUTES YOUR IRREVOCABLE AND BINDING ACCEPTANCE OF THE CHANGE. You understand and agree that the Application, or any content accessible via the Application, might become unavailable for a number of reasons, including an operational glitch, a Digital Millennium Copyright Act (“DMCA”) takedown request, or a decision on our end to terminate your account.
End User Terms Required by Adobe. The Application contains Adobe DRM (“Adobe Software”), which is provided to you via a license arrangement with Adobe Systems Incorporated (“Adobe”), a Delaware corporation having a place of business at 345 Park Avenue, San Jose, CA 95110-2704, and with WebQEM pty Ltd (“Adobe Supplier”), a corporation having a place of business at 59 Backland Road, Atlanta, GA 30342. As a condition of that license, you agree to be bound by the specific terms of this subsection. This subsection limits your use of the Adobe Software, and also requires you to use the Adobe License Signing Service (“Adobe Service”), and comply with its terms, when using the Adobe Software. You agree as follows:
No Modification or Reverse Engineering. You specifically acknowledge and agree that other than as expressly set forth in this Agreement, you shall not modify, port, adapt or translate the Adobe Software or its documentation. You will not reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Adobe Software not supplied to you in source code form. Notwithstanding the foregoing, decompiling the Adobe Software is permitted to the extent that the laws of a jurisdiction give you the right to do so to obtain information necessary to render the Adobe Software interoperable with other software; provided, however, that you must first request such information from Adobe or the Adobe Supplier, and Adobe or the Adobe Supplier may, in their discretion, either provide such information to you or impose reasonable conditions, including a reasonable fee, on such use of the Adobe Software to ensure that Adobe and the Adobe Supplier’s proprietary rights in the Adobe Software are protected.
Proprietary Notices. You agree that as a condition of your rights hereunder, each copy of the Adobe Software and its documentation shall contain the same proprietary notices of Adobe, the Adobe Supplier, and their suppliers that appear in such Adobe Software or documentation provided by the Adobe Supplier, and as otherwise may be reasonably required by the Adobe Supplier.
Ownership. Adobe, the Adobe Supplier, and their suppliers are the sole and exclusive owners of all rights, title and interest, including all trademarks, copyrights, patents, trade names, trade secrets, and other intellectual property rights in and to the Adobe Software. Except for the rights expressly granted in this Agreement, you are not granted any rights to patents, copyrights, trade secrets, trade names, trademarks (whether or not registered), or any other rights, franchises or licenses with respect to the Adobe Software or its documentation, and you agree that you will not exceed the scope of the licenses granted herein. There are no implied licenses granted under this Agreement, and all rights not expressly granted to you in this Agreement are reserved.
Log-In Information. To gain access to and use the Adobe Service, you may be required to create an ID and password or other log-in ID and password issued by Adobe (“Log-In Information”). You are responsible for all activity occurring under your Log-In Information, and you must keep your Log-In Information confidential and not share your Log-In Information with third parties. Adobe has no obligation or responsibility with regard to your use, distribution, disclosure, or management of Log-In Information. Notwithstanding the foregoing, Adobe may require you to change your Log-In Information if such Log-In Information is inconsistent with the terms of this Agreement.
The Adobe Service. You will use the Adobe Software only when the Adobe Software is integrated with the Adobe Service. You agree that Adobe will collect, transmit and use the eBook Transaction Data to provide the Adobe Service and to enable billing under the applicable pricing models. You have adequate rights to allow Adobe, for such collection, use and sharing of eBook Transaction Data. eBook Transaction Data means all the data required to provide the Adobe Service, for digital content, primarily eBooks; which shall include but is not limited to the Adobe Software version, fulfillment ID, transaction type (permanent or expiring), eBook metadata like geo, subscription ID, price, currency, epub version, resource type (epub/PDF), or users Internet Protocol.
Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your mobile device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy, as may be updated from time to time, the most recent version of which is available via the Application. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Geographic Restrictions. The Application is provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Application outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Application from outside the United States, you are responsible for compliance with local laws.
Use of eBook Content Accessed Using the Application
Multiple Providers; Multiple Licenses. The Application is designed to be a platform for digital content provided by your local library from multiple sources (“Content”). To access and read Content using the Application, you must register an account with a participating library (a “Provider”) and agree to its terms and conditions of service.
Authorized Use. You agree to use Content only for your own personal, non-commercial use in the United States consistent with the copyright and other intellectual property laws which apply to such Content, except where otherwise allowed as described in subsections (c) and (d) below. The Content is licensed, not sold, and no ownership rights in the Content are transferred to you at any time. You acknowledge and warrant that nothing in this Agreement gives you right, title, or interest in the Content.
Responsibility for Terms. You are solely responsible for reading and agreeing to the Terms and Conditions of your Provider and its associated Distributors before using Content. For your convenience only, you can find links to some Distributor’s Terms and Conditions and Privacy Policies in the Content Licenses. You acknowledge that any information provided in this section may not reflect the current or accurate terms governing your relationship with Distributors. We encourage you to check regularly for updates to these terms.
Additional Information. More detailed information about the copyright protection and use restrictions of Content can typically be found in the “About,” “Imprint,” or “Copyright” sections of an eBook. For general information about copyright, fair use, public domain, and related topics, you may consult http://www.copyright.gov/.
Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
the Application will automatically download and install all available Updates; or
you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
Usage Data. You acknowledge and understand that in connection with your use of the Application certain information regarding your use of the Application may be transmitted to Company and its suppliers (“Usage Data”). This Usage Data may be collected and used by Company and its suppliers to provide support services to you, to better tailor the Application to your use, to improve the Application generally, and for research and development purposes. You hereby consent to such activities. All Usage Data collection is subject to Company’s Privacy Policy.
Feedback. Any feedback or suggestions regarding the Application provided by you to Company, and any related intellectual property rights, shall be licensed to Company by you on a perpetual, royalty-free, worldwide, and irrevocable basis.
Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions, a current list of which can be found at http://thepalaceproject.org/licenses/.
Term and Termination.
The term of Agreement commences when you download the Application and will continue in effect until terminated by you or Company as set forth in this Section 14.
You may terminate this Agreement by deleting the Application and all copies thereof from your mobile device.
Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
Upon termination:
all rights granted to you under this Agreement will also terminate; and
you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
Termination will not limit any of Company’s rights or remedies at law or in equity.
Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.
Export Regulation. The Application may be subject to U.S. export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the U.S.
U.S. Government Rights. The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other U.S. Government licensees and their contractors.
Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect; provided, however, that if any fundamental term or provision of this Agreement is invalid, illegal, or unenforceable, the remainder of this Agreement shall be unenforceable.
Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. The parties expressly agree to exclude from the Agreement the United Nations Convention on Contracts for the International Sale of Goods.
Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Last Updated: July 2021