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 ELIB and Xentral Methods Sdn Bhd, the operator of ELIB. 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 ELIB 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 Xentral Methods in the country in which you upload your borrowig for ePublication. You must be a law abiding citizen and does not attempt any illegal activities in the ELIB site and application or with the contents subscribe or borrow from it.
2. Order and Activation of eReader
- To acquire an ePublication, you must first submit an order for the
content in ELIB through the described method to borrow, for example,
register, click borrow, click booking, etc.
- ELIB will process the order, and once ePublication units are
available, the ePublication will be deposited into your personal
library account.
- ELIB 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 ELIB administration.
- ELIB 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.
- ELlB 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 ELIB are bounded by copyrights agreement of the rightful content owner. The copyrights are displayed in units of available access per ePublication. ELIB 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 ELIB
You
may:
- Activate any ePublication purchased through the portal on five (5) devices. The activation key provided by ELIB 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 ELIB 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, print without permission or create derivative works of, any of the ePublication that you activate.
4. Ownership
- 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 ELIB 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 ELIB Services may constitute a copyright or other intellectual property infringement.
- You must inform ELIB of any unauthorised use of an ePublication and of any other infringement of ELIB`s or any other person`s intellectual property in relation to a ePublication that you become aware of, as soon as practicable.
- Xentral Methods through ELIB 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.
5. Content
ELIB 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
- You are responsible for any system requirements that are necessary for you to order and activate ePublication.
- You must comply with all applicable laws relating to your order and activation of the ePublication.
- You agree to give ELIB accurate, current and complete information that is required for you to order and activate ePublication.
- We take customer satisfaction very seriously, and with utmost responsibility to ensure that our users can use the product. In the circumstances that we cannot solve the customer support issue, we will compensate appropriately for the inconvenience. We also do not tolerate malicious, defamatory and intentional attacks disguised as customer issues, and will take appropriate legal actions within the Laws of Malaysia to eliminate any form of defamation towards this entity.
8. Privacy
- In order to order and activate ePublication and use ELIB Services, you may be required to provide information about yourself. ELIB is committed to protecting your privacy. All data with regards to your accounts and payment details are kept confidential by ELIB.
- You agree that ELIB 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. ELIB 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 ELIB believes is reasonably necessary or appropriate to enforce or verify compliance with this EULA.
9. ELIB`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, ELIB 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 ELIB 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 ELIB 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 ELIB 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 ELIB 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 ELIB`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 ELIB breaches an implied condition or warranty that cannot lawfully be modified or excluded by this EULA then, to the extent permitted by law, ELIB`s liability is limited, at ELIB`s option to the resupply of the services or the cost of having the services resupplied.
10. Changing this EULA
ELIB may change the terms of this EULA from time to time. If ELIB 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
ELIB may, at its option, terminate this EULA and all licences granted under it, or stop or limit access to the ELIB`s Services (or any of these things) if you fail, or ELIB suspects you have failed, to comply with any of your obligations under this EULA, or if ELIB is required to do so by applicable law. In that case, but without limitation, you are still liable for any amounts due to ELIB under this EULA to the date of termination.
12. Cancelling the portal services
The portal may cancel ELIB Services at any time, without notice.