AZARDI Interactive Engine Terms and Conditions

Agreement in Summary

The AZARDI Interactive Engine (AIE) is available for anyone to incorporate into a demonstration or commercial digital content publisher product such as a website or ePub3 file for use in the AZARDI Desktop.

You can use the AZARDI Interactive Engine for creating ePub3 or static site interactive content under the following terms and conditions:

Designated Attribution Required in Any Publisher Product

You must place the following attribution in a visible and accessible position in your ePub book or on your website. We recommend the copyright page or other prominent page that is visible to all readers of your publisher product.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE AZARDI INTERACTIVE ENGINE (AIE) SOFTWARE AND ITS ACCOMPANYING DOCUMENTATION (COLLECTIVELY, THE "AZARDI INTERACTIVE ENGINE EXTENSIONS").

THE AZARDI INTERACTIVE ENGINE IS LICENSED PURSUANT TO THE LICENSE AS DESCRIBED IN SECTION 1 BELOW TITLED "LICENSE TO AZARDI INTERACTIVE ENGINE". CERTAIN FILES IN THIS APPLICATION ARE COPYRIGHT © 2007-2012 INFOGRID PACIFIC PTE. LTD., CERTAIN FILES IN THIS BINARY CONTAIN CODE FROM XUL RUNNER AND OTHER SOFTWARE WHICH IS COPYRIGHT THEIR RESPECTIVE COPYRIGHT HOLDERS. THESE FILES MAY INCLUDE MODIFICATIONS WHICH ARE COPYRIGHT © 2007-2012 INFOGRID PACIFIC PTE. LTD. THIS BINARY ALSO CONTAINS TRADEMARKS OF INFOGRID PACIFIC PTE. LTD. INCLUDING, BUT NOT LIMITED TO, THE NAME "AZARDI", THE NAME "AZARDI INTERACTIVE ENGINE" LOGOS, ICONS, AND PAGE LAYOUT FILES. INFOGRID PACIFIC PTE. LTD. DOES NOT EXPRESS OR IMPLY ANY PERMISSION TO USE OR DISTRIBUTE THESE TRADEMARKS.

THIS AZARDI INTERACTIVE ENGINE EXTENSIONS SOFTWARE LICENSE AGREEMENT ("AGREEMENT") GOVERNS USE OF THE AZARDI  INTERACTIVE ENGINE UNLESS YOU AND INFOGRID PACIFIC PTE. LTD ("IGP") HAVE EXECUTED A SEPARATE AGREEMENT.

IGP IS WILLING TO LICENSE THE AZARDI INTERACTIVE ENGINE EXTENSIONS TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL THE TERMS CONTAINED IN THIS AGREEMENT. BY CLICKING ON THE "I ACCEPT" BUTTON BELOW OR BY DOWNLOADING OR BY INSTALLING OR USING THE AZARDI INTERACTIVE ENGINE EXTENSIONS YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS. IF YOU DO NOT ACCEPT ALL OF THE TERMS OF THIS AGREEMENT IGP IS UNWILLING TO LICENSE TO YOU THE AZARDI INTERACTIVE ENGINE EXTENSIONS AND YOU SHOULD NOT CLICK THE "I ACCEPT" BUTTON OR DOWNLOAD OR INSTALL OR USE ANY PART OF THE AZARDI INTERACTIVE ENGINE EXTENSIONS. IF YOU AGREE TO THESE TERMS ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND THAT BUSINESS TO THIS AGREEMENT, AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, "YOU" AND "YOUR" REFER HEREIN TO THAT BUSINESS.

1. AZARDI Interactive Engine means any and all versions of the AZARDI Interactive Engine software (AIE).
2. The AZARDI Interactive Engine Extensions is proprietary software and is licensed to you under the terms of this License. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
   1. Grant. Subject to your compliance with the terms and conditions of this Agreement, IGP grants you a non-exclusive and non-transferable license to install and use the executable form of the AZARDI Interactive Engine Extensions for (i) the development of interactive digital content products as distributable ePub or websites (publisher products) and (ii) for embedding in publisher products for distribution for demonstration or commercial purposes and (iii) for the creation of publisher products as a service provider for commercial purposes. You must provide an attribution to Infogrid Pacific in the designated manner that is accessible and viewable by all users of your publisher products. You may make a single copy of the Software for backup purposes. IGP reserves all rights in the AZARDI Interactive Engine Extensions not expressly granted to you in this Agreement.
   2. Restrictions. Except as expressly specified in this Agreement, you may not: (i) transfer, sublicense, lease, lend, rent or otherwise distribute the AZARDI Interactive Engine Extensions to any third party except as an embedded component in a publisher product; (ii) create derivative products  (iii) make the functionality of the AZARDI Interactive Engine Extensions available to multiple users through any means, including, without limitation, by uploading the AZARDI Interactive Engine Extensions to a network or file-sharing service or through any hosting, application services provider, service bureau or any other type of services; or (iv) use the  AZARDI Interactive Engine Extensions in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement. You acknowledge and agree that portions of the AZARDI Interactive Engine Extensions, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of IGP and its licensors. Accordingly, you agree not to disassemble, decompile, create derivative products or otherwise reverse engineer any components of the AZARDI Interactive Engine Extensions provided in source or object code or any other IGP products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
3. Proprietary Rights. The AZARDI Interactive Engine extensions are licensed, not sold. You agree that IGP owns all right, title and interest in and to the AZARDI Interactive Engine extensions, including without limitation all intellectual property rights therein. The AZARDI Interactive Engine extensions are protected by the Republic of Singapore copyright law and international treaties. Third party applications are protected under their respective jurisdiction copyright law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing in the AZARDI Interactive Engine Extensions code as delivered to you.
4. Disclaimer of Warranty. YOU ASSUME ALL RESPONSIBILITY AND RISK OF USE OF THE AZARDI INTERACTIVE ENGINE EXTENSIONS. IGP PROVIDES THE AZARDI INTERACTIVE ENGINE EXTENSIONS ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. IGP DOES NOT WARRANT THAT THE AZARDI INTERACTIVE ENGINE EXTENSIONS WILL MEET YOUR REQUIREMENTS OR THAT THE AZARDI INTERACTIVE ENGINE EXTENSIONS WILL BE ERROR-FREE. IGP EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM IGP OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.
5. Term and Termination.
   1. Term and Termination. This Agreement will commence on the date that you accept its terms by downloading, accessing or using the AZARDI Interactive Engine and will continue until terminated as provided hereunder. IGP may terminate this Agreement and any licenses granted hereunder immediately upon notice if you breach any term or condition in this Agreement. You may terminate the Agreement at any time by destroying all copies of the AZARDI Interactive Engine in your possession or control.
   2. Effect of Termination; Survival. Termination of this Agreement shall not constitute a waiver or release of, or otherwise be deemed to adversely affect, any rights, remedies or claims, whether for damages or otherwise, which IGP may have under this Agreement or which may arise out of such termination or expiration. Upon any termination or expiration of this Agreement, you agree to immediately cease using the AZARDI Interactive Engine and to return or destroy any copies of the AZARDI Interactive Engine in your possession or control. Sections 1, 2, 3, and 5 through 10 will survive termination or expiration of this Agreement.
6. Representations and Warranties. You agree to comply with all applicable laws, rules and regulations when using the AZARDI Interactive Engine Extension. You will not use the AZARDI Interactive Engine Extension to infringe anyone’s copyrights.
7. No Obligation. IGP is not obligated to maintain or support the AZARDI Interactive Engine Extension, or to provide you with updates, fixes, or services related thereto.
8. Indemnity. You agree to defend, indemnify and hold IGP and its officers, directors, and employees harmless from and against any loss, liability, costs or expenses (including but not limited to reasonable attorneys’ fees) arising from or incurred as a result of any third party claims, to the extent that such claims relate to or are based on your breach of this Agreement or your use of the AZARDI Interactive Engine Extension.
9. Limitations of Liability. IN NO EVENT WILL IGP BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE AZARDI INTERACTIVE ENGINE EXTENSION, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT IGP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN ANY CASE, IGP’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS OF THE FEES THAT YOU PAID FOR THE AZARDI INTERACTIVE ENGINE EXTENSIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE AZARDI INTERACTIVE ENGINE IS NOT LICENSED FOR USE IN SUCH JURISDICTIONS. IF YOU ARE IN SUCH A JURISDICTION YOU MUST NOT CLICK THE ACCEPT BUTTON OR DOWNLOAD THE SOFTWARE.
10. General Provisions. This Agreement will be governed by and construed in accordance with the laws of the Republic of Singapore, without regard to or application of conflicts of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without IGP’s prior written consent, and any attempt by you to do so, without such consent, will be void and of no effect. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. Any notice or other communications to be given under this Agreement will be in writing and given (a) by IGP via email (in each case to the address that you provide), (b) posting on the Infogrid Pacific website located at http://www.infogridpacific.com/ or (c) by you via email to azardi[at]infogridpacific[dot]com or such addresses IGP may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect. This Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and IGP have executed a separate agreement.
11. Contact Information. If you have any questions regarding this Agreement, you may contact IGP at azardi[at]infogridpacific[dot]com.

================================
APPENDIX
THIRD PARTY LICENSES
================================
The AZARDI Interactive Engine use third party software which is licensed under its respective terms and conditions as stated below.

JQUERY LICENSE
==============
Copyright (c) 2011 John Resig, http://jquery.com/

Permission is hereby granted, free of charge, to any person obtaining
a copy of this software and associated documentation files (the
"Software"), to deal in the Software without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Software, and to
permit persons to whom the Software is furnished to do so, subject to
the following conditions:

The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE
LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION
OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION
WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

JQUERY UI LICENSE
=================
Copyright (c) 2011 Paul Bakaus, http://jqueryui.com/

This software consists of voluntary contributions made by many
individuals (AUTHORS.txt, http://jqueryui.com/about) For exact
contribution history, see the revision history and logs, available
at http://jquery-ui.googlecode.com/svn/

Permission is hereby granted, free of charge, to any person obtaining
a copy of this software and associated documentation files (the
"Software"), to deal in the Software without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Software, and to
permit persons to whom the Software is furnished to do so, subject to
the following conditions:

The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE
LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION
OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION
WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

GIBBERISH AES
=============
Copyright: Mark Percival 2008 - http://markpercival.us

Permission is hereby granted, free of charge, to any person obtaining
a copy of this software and associated documentation files (the
"Software"), to deal in the Software without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Software, and to
permit persons to whom the Software is furnished to do so, subject to
the following conditions:

The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE
LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION
OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION
WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

PORTER LICENSE
==============
Copyright (c) 2011 Jed Parsons jedp@jedparsons.com

Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
THE SOFTWARE.

LABjs
=====
Copyright (c) Kyle Simpson http://labjs.com/

Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
THE SOFTWARE.

iScroll
=====
Copyright (c) 2011 Matteo Spinelli, http://cubiq.org/

Permission is hereby granted, free of charge, to any person
obtaining a copy of this software and associated documentation
files (the "Software"), to deal in the Software without
restriction, including without limitation the rights to use,
copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the
Software is furnished to do so, subject to the following
conditions:

The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT
HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
OTHER DEALINGS IN THE SOFTWARE.

 

Optional Notices
================
Some permissive software licenses request but do not require an acknowledgement of the use of their software. We are very grateful to the following people and projects for their contributions to this product:

JSON2. www.JSON.org/