This End User License Agreement (“Agreement”) contains the terms underwhich the end user (“End User”) is granted access to digital content, includingdigital books (“Publications”) via the online platform and software(“Platform”) operated and owned by Lix Technologies ApS, company registrationno. 36903376 (“Lix”).
The End User’s access to and use of the Platform and the Publications issubject to the End User’s acceptance of and compliance with the terms set outin this Agreement.
The End User may access and use the Platform and the Publication only, ifthe End User is a natural person. A legal person is not eligible to enter intothis Agreement.
By accessing or using the Platform the End User (i) confirms to be anatural person entering into this Agreement for the purpose of his own personaluse only and (ii) agrees to be bound by this Agreement.
1.1 During the term of this Agreement and conditioned upon the End User’sfull compliance with all terms of the Agreement, Lix grants to the End User alimited, non-exclusive, revocable license to make personal, non-commercial useof the Platform and to access the Publications purchased or subscribed by theEnd User and made available to the End User through the Platform.
2.1 Use of the Platform is conditional upon the End User continuouslyupholding a valid access to the Platform.
2.2 The End User can either (i) purchase Publications or (ii) subscribe forPublications for limited periods of time. The period of time for whichPublications may be subscribed may differ, and is therefore specified on thePlatform when the subscription is done. As a general rule, the subscription willcontinue month-to-month until terminated.
2.3 If the End User purchases Publications, the End User is granted alimited, personal, non-exclusive, non-sublicensable, non-transferable revocablelicense to access, retrieve, annotate and make searches in the purchasedPublications via the Platform.
2.4 If the End User subscribes for Publications, the End User is granted alimited, personal, non-exclusive, non-sublicensable, non-transferable revocablelicense to access, retrieve, annotate and make searches in the Publications viathe Platform.
2.5 The End User is also granted a limited, personal, non-exclusive, non-sublicensable,non-transferable revocable license to make use of quotes from the Publicationsby copying and pasting text from the Publications as well as printing certainparts of the Publications. The extent of quotes and printing allowed isdetermined by Lix at its sole discretion for each publication and may berestricted without further notice.
2.6 By accepting this Agreement, the End User grants Lix a global,perpetual, royalty-free, unrestricted and unlimited license and right of use toany User Created Content in any form of content, such as images, videos, textand audio, that have been posted or contributed by the End User to the Lixplatform. The End Users represents to Lix that the End User has permission fromany person(s) appearing in the User Generated Content to provide Lix with therights to use the photo, video or other form of User Generated Content.Further, the End User represents that the User Generated Content does notinfringe the intellectual property rights, privacy rights, publicity rights, orother legal rights of any third party and that the User Generated Content doesnot facilitate, reference, or use material that is unlawful, fraudulent,inappropriate, indecent, tortious, or defamatory. The User Generated Contentmay continue to appear on the Lix’ platform after the End User’s subscriptionplan has terminated, however, in anonymized form.
3.1 The license(s) granted in Section 1 are subject to compliance with thefollowing limitations: The End User may not distribute, publish, rent, assign,lease, lend, transfer, sublicense, disclose, or otherwise provide access to thePlatform or copies of the Publications to any third party. The End User may notaccess or make use of the Platform or the Publications in any manner notexpressly permitted by this Agreement. The End User may not decompile,decipher, disassemble, reverse engineer, or otherwise attempt to access thesource code of the Platform or any part of it or circumvent any technicallimitations in the Platform that protects, limits, or restrict access to or useof the Platform, the Publications or any content.
The End User may not print, copy, or download the Publications or attempt to doany of these acts except where such function is available on the Platform. TheEnd User may not assign or disclose its username and password to anyone. TheEnd User may not modify or create derivative works of the Platform or thePublications.
4.1 When the End User is granted access to the Platform, the End Userundertakes to provide Lix with information that is accurate, complete, andcorrect. When logging onto the Platform the End User will be required to entera user name and a password. Lix is at any time entitled to request that the EndUser changes any of the username and the password. Such changes may result inminor interruptions to the End User’s access to the Platform.
4.2 The End User is responsible for safeguarding the password used toaccess the Platform. The End User is responsible for any activities or actionsmade via the End User’s access to the Platform. The End User undertakes tonotify Lix immediately upon becoming aware of any breach of security orunauthorised use of the End User’s access to the Platform.
4.3 The End User agrees not to: circumvent, remove, alter, deactivate,degrade or thwart any of the content protections in the Lix service; use anyrobot, spider, scraper or other automated means to access the Lix service;decompile, reverse engineer or disassemble any Publications, software or otherproducts or processes accessible through the Lix service; insert any code orproduct or manipulate the content of the Lix service in any way; or use anydata mining, data gathering or extraction method. In addition, the End Useragrees not to upload, post, e-mail or otherwise send or transmit any materialdesigned to interrupt, destroy or limit the functionality of any computersoftware or hardware or telecommunications equipment associated with the Lixservice, including any software viruses or any other computer code, files orprograms. Lix may terminate or restrict the End User’s use of our service if theEnd User violate this Agreement Use or is engaged in illegal or fraudulent useof the service.
5.1 Use of the Platform requires access to an electronic device in the formof a PC, Mac, tablet or similar which (i) in order to access Publications hasaccess to the internet, and (ii) is compatible with the technical requirementsspecified on Lix’ website. Lix is constantly improving the Platform and isentitled to with thirty (30) days written notice via the Platform or e-mail tomake changes in said technical requirements.
5.2 The Platform can be accessed and used by the End User on a maximum oftwo different devices at the same time. However, Lix may amend this clause 5.2without further notice for certain Publications.
5.3 Notwithstanding Clause 5.1 the End User (i) may access the Platformwithout having access to the internet and (ii) may access Publications withouthaving access to the internet provided the End User has activated a givenPublication for offline use via the Platform while the Platform had access tothe internet. Such offline access is possible for thirty (30) days from the EndUser’s last online access.
5.4 The End User may consume the Lix content primarily within the countryin which End User has established the account and only in geographic locationswhere Lix offer the service and have licensed such content. The content thatmay be available to consume will vary by geographic location and will changefrom time to time.
5.5 This Agreement applies to any updates, supplements, add-on components,and internet-based service components of the Platform that Lix may, in its solediscretion, provide or make available to the End User. Lix recommends that theEnd User updates its device and Lix does not guarantee that the End User cancontinue to access the Platform if the End User does not update its device.
6.1 Prices for the licenses are specified by Lix on Lix’ website.
6.2 The subscription solution requires the End User to pay a monthly fee.If the fee is changed by more than five (5) percent, such change takes effectafter a written notice via the Platform or e-mail of at least thirty (30) daysto the end of a calendar month.
6.3 Access to any Publications via the Platform requires the End User topurchase or subscribe for access to the specific Publication. The price of suchaccess is specified via the Platform. Any access purchased or subscribed forapplies solely to the specific Publication and no other version or edition ofthe Publication.
6.4 Payment is paid online via the Platform with an approved credit card.
6.5 Accessing the Platform requires the End User to register valid paymentinformation on the Platform and keep such information updated.
6.6 The End User’s subscription will automatically be renewed on a monthlybasis and the End User accepts that the fee will be charged to the End User’scredit card at the beginning of each month.
6.7 The price for access to the Publications will be paid upon acceptanceof the specific price of such Publication.
6.8 A Lix subscription may start with a free trial or preview session. Thefree trial or preview period is as specified during sign-up and is intended toallow new members and certain former members to try the service.
6.9 Free trial or preview eligibility is determined by Lix at its solediscretion and Lix may limit eligibility or duration to prevent free trialabuse. Lix reserves the right to revoke the free trial and put an account onhold in the event that Lix determine that an End User is not eligible. Lix mayuse information such as device ID, method of payment or an account emailaddress used with an existing or recent Lix membership to determineeligibility.
7.1 The End User acknowledges that Lix and Lix’ licensors own all rights,titles and interest, including all intellectual property rights, in and to thePlatform and the Publications. The End User is not in any way by this Agreementgranted any intellectual property rights in any material, including thePlatform and the Publications or part hereof.
7.2 Lix may remove a Publication from the Platform if the Publication isnot free from defects or if the Publication is infringing the rights of anythird party.
If the End User has access to any compendium that is provided through the Platform under the agreement with COPY-DAN the End User confirms to be an enrolled student at the selected programme. If the End User unrolls from the programme, the End User must contact Lix to terminate the access to this content as soon as possible.
8.1 Lix and the End User agree that any processing of personal data by Lixwill be governed by the data processing agreement attached as Schedule 1.
9.1 Subject to Clause 9.2 the End User is entitled to cancel a purchase ofa Publication and access to the Publications during the first fourteen (14)days after having made a purchase.
9.2 The cancellation right is lost at the time when the End User startsusing the Publications.
10.1 This Agreement enters into force when the End User is granted accessto the Platform and shall continue in force until terminated by either the EndUser or Lix pursuant to this Section 10.
10.2 The End User may terminate this Agreement for convenience providingwritten notice via the Platform of at least thirty (30) days to the end of acalendar month.
10.3 Lix may terminate this Agreement for convenience providing writtennotice via the Platform or e-mail of at least three (3) months to the end of acalendar month.
10.4 Irrespective of Clause 10.3, this Agreement may be terminated withimmediate effect by Lix at any time by giving written notice via the Platformor e-mail to this effect if: the End User fails to pay any undisputed amountdue under this Agreement more than fourteen (14) days from due date; the EndUser is in breach of any of its material obligations under this Agreement;orthe End User entrusts/discloses its user name or password to the Platform toany other person or entity.
10.5 If the format is no longer considered sector-standard, Lix cannotwarrant that the Publications in such format still will be available for theEnd User, and Lix is entitled, without liability, to terminate the availabilityof Publications in such formats with a three (3) months written notice via thePlatform.
11.1 On termination of this Agreement all sums owed shall becomeimmediately due for payment.
11.2 On termination of this Agreement for whatever reason, the End Userwill no longer have access to the Platform or its contents.
11.3 On termination of this Agreement, Lix has the right to delete anycontent uploaded or registered on the Platform by the End User without notice.
12.1 Neither Lix or the End User shall be liable for any delays or failuresto the extent that such delay or failure is caused, directly or indirectly, inwhole or in part, by fire, flood, explosion, casualty, accident, acts of God,or natural catastrophe, war, riot, strike, lock-out or other labour dispute orindustrial disturbance, embargo, law, regulation or requirement of anygovernment authority or any other cause or circumstance beyond Lix’ or the EndUser’ s reasonable control.
13.1 The End User acknowledges that based on the current status oftechnology it is impossible to develop complex software products such as thePlatform that are completely error-free. Therefore, Lix does not make anywarranties that the Platform is error-free.
14.1 The End User accepts that the End User’s sole and exclusive remedywhether in contract, tort or otherwise for any defects, lack of performance ordissatisfaction with the Platform is to stop using the Platform.
14.2 Lix is under no circumstances liable for any direct, indirect orconsequential damage or losses, including but not limited to loss of profits,data, goodwill, use or similar losses or any damages to any computer, device,or system.
14.3 The limitation of Lix’s liability set out in this Section 14 shallapply to the furthest extent permitted by applicable law.
14.4 The limitation set out in this Section 14 does not apply in caseswhere Lix has acted with gross negligence or wilful misconduct.
14.5 Lix’ total liability in respect of loss or damages arising under or inconnection with this Agreement, whether in contract, warranty, productliability, tort (including negligence), breach of statutory duty, or otherwise,shall in no circumstances exceed an amount of DKK 500.
15.1 A waiver of any breach shall be effective only in the instance givenand shall not be construed as a continuing waiver of other breaches of the sameor other provisions of the Agreement.
16.1 The End User is not entitled to assign any of its rights orobligations hereunder to anyone without the prior written consent of Lix. Lixmay assign this Agreement to an entity controlled by Lix providing writtennotice via the Platform or e-mail to the End User.
17.1 If any provision of this Agreement is or becomes invalid, illegal orunenforceable, it shall be deemed modified to the minimum extent necessary tomake it valid, legal and enforceable. If such modification is not possible, therelevant provision shall be deemed deleted. Any modification to or deletion ofa provision under this Clause shall not affect the validity and enforceabilityof the rest of this Agreement.
18.1 The End User agrees to receive information regarding the Platform,payment receipts, reminders, legal information and information about newcontent and services via the Platform or by e-mail.
19.1 Headings in this Agreement shall not affect interpretation of thisAgreement.
20.1 Lix reserves the right, at its sole discretion, to modify or replacethis Agreement at any time. Lix undertakes to inform the End User ofmodifications or replacements either via the Platform or e-mail. If a revisionis material to be decided by Lix in its sole discretion, Lix will inform theEnd User through the Platform or by e-mail directly with at least thirty (30)days written notice. The End User accepts such changes by continuing to accessthe Platform.
21.1 This Agreement and any dispute or claim arising out of or inconnection with the Agreement, shall be exclusively governed by and construedin accordance with Danish law except for any rules regarding the choice of law.
21.2 The End User and Lix agree that the Danish courts shall have exclusivejurisdiction to settle any dispute arising out of or in accordance with thisAgreement, including any disputes regarding the existence, validity ortermination thereof.