End User Licensing Agreement
1. UserYou must be an end user customer only, and of a legal age to form a binding contract with Perbadanan Kota Buku in the country in which you upload your order for ePublication. You must be a law abiding citizen and does not attempt any illegal activities in this portal (Book Capital) or with the contents purchase or subscribe from it.
2. Order and Activation of eReader
- 1. To acquire an eBook, you must first submit an order for the content in Book Capital through the described method via valid payment gateway method via Online Banking or Credit card.
- 2. Book Capital will process the order, and once payment is clear, the eBook will be deposited into your personal library panel.
- 3. Occasionally, technical problems may delay or prevent your activation of an eBook. In that case if you cannot activate the eBook within a reasonable time, your sole remedy in relation to that eBook is, to get in contact with Book Capital administration.
- 4. Book Capital reserves the right to change, suspend, remove or disable access to an eBook or the library panel at any time without notice and, to the extent permitted by applicable law, without liability to you or any third party.
- 5. Book Capital will use the details provided by you to send you a receipt for the eBook and give you technical support (if required), by email.
3. Your use of the ePublication acquired through Book Capital
You may only:
- 1. Activate any eBook purchased through the portal on five (5) devices. The activation key provided by Book Capital enables you to reactivate the eBook on your device if it is lost, damaged or destroyed or if you upgrade your device so long as it is not more than five (5) times. You must not make any eBook acquired from Book Capital available over a network where it could be used by multiple devices or multiple computers at the same time.
- 2. Use the eBook for personal, non-commercial use. You must not, except to the extent permitted by applicable law, resell, redistribute, transfer, assign, sub-licence, modify, adapt or create derivative works of, any of the eBook that you activate.
4. Prices and taxesThe portal (Book Capital) may change the prices of eBooks at any time. Book Capital will charge you the price for an eBook that you order under this EULA that is current at the date and time of your order. The price of the eBook is bounded by local law includes goods and services taxes such as value added tax and other applicable taxes or payment gateway charges. If the applicable rate of these taxes changes before you purchase an eBook, the new tax rate in effect at the time of activation applies.All purchase of ebook(s) or digital content from bookcapital.my is non-refundable.
- 1. You acknowledge that you do not own any copyright in the eBooks, or any other intellectual or other property in or related to the eBooks (or any of the other Book Capital Services). You only have the right to activate and use the eBook on a non-exclusive basis according to this EULA, and you agree that any other use of the eBook and other materials besides Book Capital Services may constitute a copyright or other intellectual property infringement.
- 2. You must inform Book Capital of any unauthorised use of an eBook and of any other infringement of Book Capital`s or any other person`s intellectual property in relation to a eBook that you become aware of, as soon as practicable.
6. Security and copyright notices
- 1. You acknowledge that the eBooks may contain digital rights management information and technological protection and other security measures. Except to the extent permitted by law, you must not, and must not encourage or assist anyone else to, violate or attempt to violate any security components of or related to the eBooks, whether by reverse-engineering, decompiling, disassembling, circumventing, modifying, interfering with, removing or altering, this information or these measures, or in any other way.
- 2. You must not remove, obliterate or cancel from view any copyright, trade mark or other proprietary notice, mark or legend appearing on any eBook and you must ensure that these notices appear on any backup copy of an eBook that you make.
7. Your responsibilities
- 1. Are responsible for any system requirements and fees that are necessary for you to order and activate eBooks.
- 2. Must comply with all applicable laws relating to your order and activation of the eBooks.
- 3. Agree to give Book Capital accurate, current and complete information that is required for you to order and activate eBooks.
- 1. In order to order and activate eBook and use Book Capital Services, you may be required to provide information about yourself. Book Capital is committed to protecting your privacy. All data with regards to your accounts and payment details are kept confidential by Book Capital.
- 2. You agree that Book Capital may collect and use technical data and related information, including but not limited to technical information about your device, system and application software and peripherals, that is gathered periodically to facilitate the provision of eBooks to you, and related services. Book Capital may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services to you, and without liability to you, disclose any information about you to law enforcement authorities, government officials, a third party or any of them, as Book Capital believes is reasonably necessary or appropriate to enforce or verify compliance with this EULA.
9. Book Capital`s exclusions and limitations of liability
1. To the extent permitted by applicable law, titles are available on an "as is" and "as available" basis, and, except as expressly set out in this eula, BookCapital disclaims all warranties, representations, terms and conditions concerning the subject-matter of this eula, including but not limited to:
- 1. Implied warranties of merchantability, fitness for a particular purpose.
- 2. Representations and warranties that your use of the Book Capital services will be uninterrupted, or error free, or free from any security intrusion.
2. To the extent permitted by applicable law, and except as expressly stated in this EULA you expressly understand and agree that neither Book Capital nor its affiliates or licensors, nor any of their officers, employees, agents or contractors, is liable to you in connection with your orders and activation of eBook and other uses of the other Book Capital services for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to:
- 1. For content that may be found offensive, indecent or objectionable.
- 2. Any loss or damage that may be incurred by you as a result of Book Capital including hyperlinks to other web sites or other content on its websites, including any reliance placed by you on the completeness, accuracy or existence of any these hyperlinks or content.
- 3. Damages for loss of profits, goodwill, data or other intangible losses, however caused, and whether arising under contract, tort (including but not limited to negligence) or otherwise, even if any of them have been advised of the possibility of these losses.
- 3. Nothing in this EULA excludes or limits Book Capital`s warranties or liability that may not lawfully be excluded or limited. without limiting this, consumers in South East Asia and some other countries, may have the benefit of certain rights and remedies by reason of the trade practices act and similar state and territory laws, and other legislation, in respect of which liability may not be lawfully modified or excluded. If you purchase a title in South East Asia and if Book Capital breaches an implied condition or warranty that cannot lawfully be modified or excluded by this EULA then, to the extent permitted by law, Book Capital`s liability is limited, at Book Capital`s option to the resupply of the services or the cost of having the services resupplied.
10. Changing this EULABook Capital may change the terms of this EULA from time to time. If Book Capital does this, it will post the revised terms on the portal. You agree that if you order and activate an eBook after Book Capital has changed these terms, you are bound by the changed EULA.
11. Terminating this EULABook Capital may, at its option, terminate this EULA and all licences granted under it, or stop or limit access to the Book Capital`s Services (or any of these things) if you fail, or Book Capital suspects you have failed, to comply with any of your obligations under this EULA, or if Book Capital is required to do so by applicable law. In that case, but without limitation, you are still liable for all amounts due to Book Capital under this EULA to the date of termination.
13. Cancelling the portal servicesThe portal may cancel Book Capital Services at any time, without notice.