Terms and Conditions 

End User License Agreement

This version in force since April 14th, 2009

1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an agreement between you and Novisoft, and governs your use of Secure-eBooktm, the Web Site and its content and the services and goods provided through the Web Site. Each time you use Secure-eBook and the Web Site you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this Agreement, "person" includes any type of incorporated or unincorporated entity), without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, or you do not have the legal authority to agree to and accept this Agreement, you may not use Secure-eBook and the Web Site.

2. CHANGES TO THIS AGREEMENT
You may not change, supplement, or amend this Agreement in any manner. Novisoft may, in its sole discretion, change, supplement or amend this Agreement as it relates to your future use of Secure-eBook and the Web Site from time to time, for any reason, and without any notice or liability to you or any other person, by posting a revised Agreement on the Web Site.

3. PERMITTED USERS AND ACCESS
The Secure-eBook's Web Site may be used only by persons who have reached the age of majority or legal age in their jurisdictions and who can form legally binding contracts under applicable law. The Web Site may not be used by persons in jurisdictions where access to or use of the Web Site or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Web Site is lawful, and you must comply with all applicable laws.

4. MISPRINTS AND ERRORS, PRICES, AND ORDERS
Novisoft endeavors to provide current and accurate information on the Web Site. Nevertheless, misprints or other errors may occur. Accordingly, Novisoft reserves the right to change the prices, fees and charges regarding the goods and services available through the Web Site at any time and from time to time without any notice or liability to you or any other person. If you order goods or services for which the price was incorrectly displayed, Novisoft will provide you with an opportunity to place an order at the correct price.

5. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY
Novisoft strives to make your use of the Secure-eBook and Secure-eBook's Web Site a useful and enjoyable experience, and a safe and easy way to protect the distribution of your eBooks over the Internet. Nevertheless, Novisoft does not accept any liability for your use of Secure-eBook and its Web Site. For that reason, the following provisions apply to your use of Secure-eBook and its Web Site:

DISCLAIMER
SECURE-EBOOK AND SECURE-EBOOK'S WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY NOVISOFT TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU (AND NOT NOVISOFT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF SECURE-EBOOK OR SECURE-EBOOK'S WEB SITE.

THE OPERATION OF SECURE-EBOOK'S WEB SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND NOVISOFT'S CONTROL. THE OPERATION OF SECURE-EBOOK'S WEB SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED.

NOVISOFT IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE SECURE-EBOOK'S WEB SITE.

THROUGH YOUR USE OF SECURE-EBOOK'S WEB SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. NOVISOFT IS NOT A PARTY TO ANY SUCH TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NOVISOFT MAKES NO REPRESENTATION, WARRANTY OR CONDITION THAT:

  • SECURE-EBOOK AND SECURE-EBOOK'S WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE;
  • SECURE-EBOOK AND SECURE-EBOOK'S WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS;
  • THE INFORMATION AVAILABLE ON OR THROUGH SECURE-EBOOK'S WEB SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY;

AND NOVISOFT DISCLAIMS ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.

LIABILITY EXCLUSION
NOVISOFT WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF SECURE-EBOOK or SECURE-EBOOK'S WEB SITE BY YOU OR ANY OTHER PERSON AND NOTWITHSTANDING THAT NOVISOFT MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.

LIABILITY LIMITATION
IN NO EVENT WILL NOVISOFT'S TOTAL LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY EXCEED $25 (CDN) OR THE AMOUNT YOU PAID TO NOVISOFT FOR THE USE OF SECURE-EBOOK AND SECURE-EBOOK'S WEB SITE, WHICHEVER IS LESS.

RELEASE
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF NOVISOFT AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING IN THE ABSENCE OF NEGLIGENCE ON THEIR PART, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF SECURE-EBOOK OR SECURE-EBOOK'S WEB SITE.

INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF NOVISOFT AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE SECURE-EBOOK AND SECURE-EBOOK'S WEB SITE OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND.

ADVICE AND INFORMATION PROVIDED BY NOVISOFT OR ITS REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.

The exclusion of certain warranties and the limitation of certain liabilities are prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.

The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement

6. EBOOKS' CONTENT PROPERTY
Any eBook protected with Secure-eBook, and its content, remains the property of its author or its publisher who already owns the eBook's content. Protecting an eBook with Secure-eBook does not grant any rights or privileges to Secure-eBook or Novisoft on the eBook and its content.

7. EBOOKS' CONTENT RESPONSABILITY
Secure-eBook and Novisoft do not necessarily agree with eBooks protected with Secure-eBook, including their subjects, ideas, opinions and contents. Any elements related to an eBook's content are under the exclusive responsability of the author or publisher who is publishing the eBook.

8. REFUND POLICY
If unsatisfied with Secure-eBook, refund requests must be sent to sales@secure-ebook.com within the first 30 days after the purchase. Once the refund request is approved by Novisoft, all products activated from the date of the refunded purchase will be deactivated and no further product activation will be possible for products defined within the refunded account. Refunded accounts can be later reactivated by purchasing tokens. Purchases that are older than 30 days cannot be refunded.

9. SERVERS AVAILABILITY
Novisoft is commited to keep the Secure-eBook servers, under normal circumstances, online and operational for account management, eBook activations and secured downloads. However, it could happen, under particuliar circumstances or scheduled updates, that the servers become unavailable for a period of time. When that happens, Novisoft will take proper actions in order to put servers back online in the shortest possible delay.

10. LOGIN NAMES AND PASSWORDS
SECURE-EBOOK'S Web Site accounts may be accessed only by use of a unique login name and password. The use of a password does not restrict access by Novisoft to the password-protected information. Login names and passwords may not be shared. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Novisoft representative. Also, passwords must be non-obvious, hard-to-guess, confidential and changed on a regular basis, and you must log-out at the end of each session.

You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. You must ensure that all uses of your login name and password comply with this Agreement.

You must immediately notify Novisoft of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

All login names and passwords remain the property of Novisoft, and may be cancelled or suspended at any time by Novisoft without any notice or liability to you or any other person. Novisoft is not under any obligation to verify the actual identity or authority of the user of any login name or password.

You must respond promptly to all email and other correspondence from Novisoft, including without limitation email and correspondence concerning complaints or concerns regarding your use of your login name or password or your use of Secure-eBook and Secure-eBook's Web Site.

11. TERMINATION OF THIS AGREEMENT AND THE WEB SITE
If you breach any provision of this Agreement, you may no longer use the Web Site.

If this Agreement or your permission to use Secure-eBook and Secure-eBook's Web Site is terminated by you or Novisoft for any reason, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of Secure-eBook and Secure-eBook's Web Site and your purchases of goods and services through the Web Site and anything connected with, relating to or arising from those matters.

12. OWNERSHIP AND PERMITTED USE OF THE WEB SITE
Secure-eBook, Secure-eBook's Web Site and all information (in text, graphical, video and audio forms, excluding JavaScript functions provided by http://www.albionresearch.com)), images, icons, software, design, applications and other elements available on or through the Web Site are the property of Novisoft and are protected by Canadian and international copyright, trade-mark, and other laws . Your use of Secure-eBook and Secure-eBook's Web Site does not transfer to you any ownership or other rights in Secure-eBook, Secure-eBook's Web Site or its content. You may only use Secure-eBook and Secure-eBook's Web Site in the manner described specifically in this Agreement.

Secure-eBook's Web Site is made available to you for your lawful use only. You may access and browse the Web Site using commercially available, SSL-capable Web browser software. You may print or download the pages of the Web Site for your personal use provided that you do not modify any of the Web Site pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.

13. GOVERNING LAW AND DISPUTE RESOLUTION
Secure-eBook and Secure-eBook's Web Site is controlled by Novisoft from laval, Quebec, Canada. This Agreement, your use of Secure-eBook and Secure-eBook's Web Site, and all related matters are governed solely by the laws of the Quebec, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.

Any dispute between Novisoft and you or any other person arising from, connected with or relating to the Secure-eBook or Secure-eBook's Web Site, this Agreement or any related matters must be resolved before the Courts of Quebec sitting in the City of Saint-Jérôme, Quebec, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.

Any claim or cause of action you may have arising from, connected with, or relating to your use of Secure-eBook or Secure-eBook's Web Site, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the City of Saint-Jérôme, Quebec, Canada, within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.

14. OTHER MATTERS
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.

The provisions of this Agreement will ensure to the benefit of and be binding upon each of Novisoft and each of their respective successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of Novisoft, which may be withheld in Novisoft's sole discretion. Novisoft may assign this Agreement and its rights and obligations under this agreement without your consent.

No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

You and Novisoft are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of Secure-eBook or Secure-eBook's Web Site.

Any rights not expressly granted by this Agreement are reserved to Novisoft.

This Agreement is subject to change without notice.