SOFTWARE END USER LICENSE AGREEMENT

This Software End User License Agreement is a legal agreement between Amazon Digital Services, Inc. (“Amazon” and, together with Amazon’s Affiliates, “we” or “us”) and the individual or entity accepting this Agreement (“you”). 

Please read this Agreement, all rules and policies related to the publisher software tools, and the Amazon.com Privacy Notice (located at http://www.amazon.com/privacy) (collectively, the “Agreement”) carefully before downloading or using the publisher software tools. This Agreement applies to the publisher software tools and to any and all updates, modifications and enhancements to the publisher software tools that we may provide, as well as any associated printed and online documentation (collectively, the “Software”). 

If you download or use the Software, you will be bound by the terms of this Agreement. If you do not or cannot agree to the terms of this Agreement, do not attempt to download or use the Software.

LICENSE
The Software allows you to do one or more of the following: (i) convert documents existing in certain file types or formats into Kindle-compatible formats (such Kindle-compatible files, the “Content”), or (ii) preview Content from a personal computer to evaluate how that Content may appear on Kindle products. Subject to your compliance with all of the terms and conditions of this Agreement, Amazon grants to you a revocable, non-exclusive, non-assignable, non-sublicensable and non-transferable license to download, install and use the Software on a server, desktop or laptop computer for your use (which may be personal or commercial) for the purpose of converting documents into Content and previewing the Content, as applicable.

THIRD PARTY SOFTWARE
The Software may include third party software that is subject to different license terms than are contained in this Agreement. Please refer to the Software’s installation directory to review any applicable third party terms. 

RESERVATION OF RIGHTS; NO REVERSE ENGINEERING, DECOMPILATION OR DISASSEMBLY
You may not copy, modify, reverse engineer, decompile, or disassemble the Software, whether in whole or in part, create any derivative works from or of the Software, or combine the Software with other products, except that you may make one copy of the Software for back-up purposes. You may not separate any individual component of the Software for use on another device or computer, may not transfer it for use on another device or use it, or any portion of it, over a network and may not sell, rent, lease, lend, distribute or sublicense or otherwise assign any rights to the Software in whole or in part. All rights not expressly granted to you are reserved by Amazon.  

NO ILLEGAL USE
The Software may be used only for lawful purposes and in a lawful manner, and you agree to comply with all applicable laws and regulations. Amazon may investigate any reported violation of its policies and take any action it deems appropriate, including terminating your license to use the Software without notice.  

COPYRIGHT
The Software is the exclusive property of Amazon and is protected by U.S. and international copyright laws. All content included on the Software, such as text, graphics, logos, button icons, and images, is the property of Amazon or our content suppliers and licensors, and is separately and in the aggregate protected by United States and international copyright laws.  

TRADEMARKS
AMAZON, the AMAZON logo, Kindle, and other marks indicated on the Software or herein are trademarks of Amazon or its affiliates in the United States and other countries. Other Amazon graphics, logos, button icons, scripts, and service names are trademarks or trade dress of Amazon or its affiliates. Amazon's trademarks and trade dress may not be used in connection with any product or service that is not Amazon's, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Amazon or its affiliates. All other trademarks not owned by Amazon or its affiliates that appear on the Software are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Amazon or its affiliates. 

PATENTS
The Software and/or methods used in association with the Software may be covered by one or more patents or pending patent applications.

EXPORT REGULATIONS 
You will comply with all applicable export and re-export restrictions and regulations, and you will not transfer, or encourage, assist, or authorize the transfer of the Software to a prohibited country or otherwise in violation of any such restrictions or regulations.

TERMINATION 
Your rights under this Agreement will automatically terminate without notice from Amazon if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Software.

DISCLAIMER OF WARRANTIES
USE OF THE SOFTWARE IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AMAZON OR AN AUTHORIZED REPRESENTATIVE OF AMAZON CREATES A WARRANTY, AND THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. AMAZON, ITS SUPPLIERS, ITS LICENSORS, AND ANY OF THEIR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, SUCH AS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. AMAZON, ITS SUPPLIERS, AND ITS LICENSORS DO NOT WARRANT THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
 
LIMITATIONS OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, AMAZON, ITS SUPPLIERS, ITS LICENSORS, AND ANY OF THEIR AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE SOFTWARE, SUCH AS ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA, OR USE OF THE SOFTWARE OR ANY ASSOCIATED PRODUCT, EVEN IF AMAZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, AMAZON'S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO FIVE DOLLARS (US $5.00). THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 

GOVERNING LAW
The laws of the state of Washington, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Amazon.  

DISPUTES
Any dispute relating in any way to the Software in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in King County, Washington, and you consent to exclusive jurisdiction and venue in such courts. 

U.S. GOVERNMENT RIGHTS 
The Software is provided to the U.S. Government as “commercial items,” “commercial computer software,” “commercial computer software documentation,” and “technical data,” as defined in the U.S. Federal Acquisition Regulation and the U.S. Defense Federal Acquisition Regulation Supplement, with the same rights and restrictions customarily provided to end users.

AMENDMENT
We may amend any of the terms of this Agreement in our sole discretion by posting the revised terms on the Amazon.com website. Your continued use of the Software after the effective date of any such amendment constitutes your agreement to be bound by such amendment.

NO WAIVER
Amazon's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Amazon's right to subsequently enforce such provisions or any other provisions of this Agreement. No waiver of any provision of this Agreement shall be effective unless in writing.

ENTIRE AGREEMENT AND SEVERABILITY
This is the entire agreement between Amazon and you regarding the Software and supersedes all prior understandings regarding such subject matter. If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.

CONTACT INFORMATION 
For communications concerning this Agreement, you may contact Amazon by writing to Amazon.com, Attn: Legal Department, 410 Terry Avenue North Seattle, WA 98109-5210 USA.
