END USER LICENCE TERMS AND CONDITIONS
Please read this end user licence agreement (EULA) carefully. It is a legal agreement between you as a consumer and user of this application (KPM eTextbook / Bookcapital / and other abbriviations) and Perbadanan Kota Buku, the operator of National Digital Textbook Platform (NDTP). NDTP is an infrastructure that ranges from authoring tool, repository, server, cryptography engine, and software applications as well as mobile application. It contains the terms for using this system and its applications for purpose of reading ePublication displayed in the portal and your use of related Software Application applications or software, to read your borrowed ePublication. You have `Agreed` to these terms once you registered an account with valid email and details.
1. About you
You must be an end user consumer only, and of a legal age to form a binding contract with Perbadanan Kota Buku, an agency in the Ministry of Education, Malaysia, in the country in which you upload your borrowing for ePublication. You must be a law abiding citizen and does not attempt any illegal activities in the site and application or with the contents subscribe or borrow from it. You must submit the correct information upon registration, and uses a valid email.
2. Order and Activation of eReader
- To acquire an ePublication, you must first submit an order for the content through the described method to borrow, for example, register, click borrow, click booking, etc.
- 2The software application will process the order, and once ePublication units are available, the ePublication will be deposited into your personal library account.
- Software Application will also send you an activation key to use when you wish to reactivate the ePublication on your desktop or mobile application.
- Occasionally, technical problems may delay or prevent your activation of an ePublication. In that case if you cannot activate the ePublication within a reasonable time, your sole remedy in relation to that ePublication is, to get in contact with Software Application administration.
- Software Application reserves the right to change, suspend, remove or disable access to an ePublication 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.
- Software Application will use the details provided by you to send you a receipt for the ePublication and give you technical support (if required), by email.
- Many of the ePublication in Software Application are bounded by copyrights agreement of the rightful content owner, whether it is Ministry of Education, or a third party. The copyrights are displayed in units of available access per ePublication. Software Application require that all users respect this non-concurrent policy as it provides copyrights protection for the intellectual properties of the original writer and publisher.
3. Your use of the ePublication acquired through Software Application
- Activate any ePublication purchased through the portal on five (5) devices. The activation key provided by Software Application enables you to reactivate the ePublication 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 ePublication acquired from Software Application available over a network where it could be used by multiple devices or multiple computers at the same time.
- Use the ePublication 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 ePublication that you activate.
- You acknowledge that you do not own any copyright in the ePublication, or any other intellectual or other property in or related to the ePublication (or any of the other Software Application Services). You only have the right to activate and use the ePublication on a non-exclusive basis according to this EULA, and you agree that any other use of the ePublication and other materials in the other Software Application Services may constitute a copyright or other intellectual property infringement.
- You must inform Software Application of any unauthorised use of an ePublication and of any other infringement of Software Application`s or any other person`s intellectual property in relation to a ePublication that you become aware of, as soon as practicable.
- Perbadanan Kota Buku through Software Application is authorised to license you the ePublicaton under this EULA by the publishers of the Titles or content aggregators as agent of distribution for the publisher or content aggregators.
Software Application has no editorial or other control over the content of the ePublication. You understand that, by accessing or activating an ePublication, you may encounter content that may be offensive, indecent or objectionable, whether because of language, nudity, violence or for other reasons.
6. Security and copyright notices
- You acknowledge that the ePublication 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 ePublication, whether by reverse-engineering, decompiling, disassembling, circumventing, modifying, interfering with, removing or altering, this information or these measures, or in any other way.
- You must not remove, obliterate or cancel from view any copyright, trade mark or other proprietary notice, mark or legend appearing on any ePublication and you must ensure that these notices appear on any backup copy of an ePublication that you make.
7. Your responsibilities
- Are responsible for any system requirements that are necessary for you to order and activate ePublication.
- Must comply with all applicable laws relating to your order and activation of the ePublication.
- Agree to give Software Application accurate, current and complete information that is required for you to order and activate ePublication.
- In order to order and activate ePublication and use Software Application Services, you may be required to provide information about yourself. Software Application is committed to protecting your privacy. All data with regards to your accounts and payment details are kept confidential by Software Application.
- You agree that Software Application 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 ePublication to you, and related services. Software Application 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 Software Application believes is reasonably necessary or appropriate to enforce or verify compliance with this EULA.
9. Software Application`s exclusions and limitations of liability
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, Software Application disclaims all warranties, representations, terms and conditions concerning the subject-matter of this EULA, including but not limited to:
- Implied warranties of merchantability, fitness for a particular purpose.
- Representations and warranties that your use of the Software Application services will be uninterrupted, or error free, or free from any security intrusion.
To the extent permitted by applicable law, and except as expressly stated in this EULA you expressly understand and agree that neither Software Application 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 ePublications and other uses of the other Software Application services for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to:
- For content that may be found offensive, indecent or objectionable.
- Any loss or damage that may be incurred by you as a result of Software Application 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.
- 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.
- Nothing in this EULA excludes or limits Software Application`s warranties or liability that may not lawfully be excluded or limited. without limiting this, consumers in Malaysia 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 Malaysia and if Software Application breaches an implied condition or warranty that cannot lawfully be modified or excluded by this EULA then, to the extent permitted by law, Software Application`s liability is limited, at Software Application`s option to the resupply of the services or the cost of having the services resupplied.
10. Changing this EULA
Software Application may change the terms of this EULA from time to time. If Software Application does this, it will post the revised terms on the portal. You agree that if you order and activate an ePublication after ePublication, has changed these terms, you are bound by the changed EULA.
11. Terminating this EULA
Software Applicationmay, at its option, terminate this EULA and all licences granted under it, or stop or limit access to the Software Application`s Services (or any of these things) if you fail, or Software Application suspects you have failed, to comply with any of your obligations under this EULA, or if Software Application is required to do so by applicable law. In that case, but without limitation, you are still liable for any amounts due to Software Application under this EULA to the date of termination.
12. Cancelling the portal services
The portal may cancel Software Application Services at any time, without notice.