This End User License Agreement (“Agreement”) contains the terms under which the end user (“End User”) is granted access to digital content, including digital books (“Publications”) via the online platform and software (“Platform”) operated and owned by Lix Technologies ApS, company registration no. 36903376 (“Lix”).
The End User’s access to and use of the Platform and the Publications is subject to the End User’s acceptance of and compliance with the terms set out in this Agreement.
The End User may access and use the Platform and the Publication only, if the End User is a natural person. A legal person is not eligible to enter into this Agreement.
By accessing or using the Platform the End User (i) confirms to be a natural person entering into this Agreement for the purpose of his own personal use only and (ii) agrees to be bound by this Agreement.
1. License Grants
1.1 During the term of this Agreement and conditioned upon the End User’s full compliance with all terms of the Agreement, Lix grants to the End User a limited, non-exclusive, revocable license to make personal, non-commercial use of the Platform and to access the Publications purchased or rented by the End User and made available to the End User through the Platform.
2.1 Use of the Platform is conditional upon the End User continuously upholding a valid access to the Platform. The access may either be a free access with limited functionality ("Freemium Access”) or a premium access with extended functionality (“Premium Access”). The functionality available for each type of access is specified on Lix’ website
2.2 The End User can either (i) purchase Publications or (ii) rent Publications for limited periods of time. The period of time for which Publications may be rented may differ, and is therefore specified on the Platform when renting each Publication.
2.3 If the End User purchases Publications, the End User is granted a limited, personal, non-exclusive, non-sublicensable, non-transferable revocable license to access, retrieve, annotate and make searches in the purchased Publications via the Platform.
2.4 If the End User rents Publications, the End User is granted a limited, personal, non-exclusive, non-sublicensable, non-transferable revocable license to access, retrieve, annotate and make searches in the rented Publications via the 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 Publications by copying and pasting text from the purchased or rented Publications. Each such quote cannot exceed a maximum of either (i) five (5) percent of the Publication, (ii) ten (10) percent of one chapter of the Publication or (iii) two hundred (200) words whichever is the lower. A maximum of three (3) quotes of two hundred (200) words may be made in continuation of each other from said Publication.
3. License Limitations
3.1 The license(s) granted in Section 1 are subject to compliance with the following limitations:
The End User may not distribute, publish, rent, assign, lease, lend, transfer, sublicense, disclose, or otherwise provide access to the Platform or copies of the Publications to any third party.
The End User may not access or make use of the Platform or the Publications in any manner not expressly permitted by this Agreement.
The End User may not decompile, decipher, disassemble, reverse engineer, or otherwise attempt to access the source code of the Platform or any part of it or circumvent any technical limitations in the Platform that protects, limits, or restrict access to or use of the Platform, the Publications or any content. The End User may not print, copy, or download the Publications or attempt to do any of these acts except where such function is available on the Platform.
The End User may not assign or disclose its username and password to anyone.
The End User may not modify or create derivative works of the Platform or the Publications.
4.1 When the End User is granted access to the Platform, the End User undertakes to provide Lix with information that is accurate, complete, and correct. When logging onto the Platform the End User will be required to enter a user name and a password. Lix is at any time entitled to request that the End User changes any of the username and the password. Such changes may result in minor interruptions to the End User’s access to the Platform.
4.2 The End User is responsible for safeguarding the password used to access the Platform. The End User is responsible for any activities or actions made via the End User’s access to the Platform. The End User undertakes to notify Lix immediately upon becoming aware of any breach of security or unauthorised use of the End User’s access to the Platform.
5. Requirements of use
5.1 Use of the Platform requires access to an electronic device in the form of a PC, Mac, tablet or similar which (i) in order to access Publications has access to the internet, and (ii) is compatible with the technical requirements specified on Lix’ website. Lix is constantly improving the Platform and is entitled to with thirty (30) days written notice via the Platform or e-mail to make changes in said technical requirements.
5.2 The Platform can be accessed and used by the End User on a maximum of two different devices at the same time.
5.3 Notwithstanding Clause 5.1 the End User (i) may access the Platform without having access to the internet and (ii) may access Publications without having access to the internet provided the End User has activated a given Publication for offline use via the Platform while the Platform had access to the internet. Such offline access is possible for thirty (30) days from the End User’s last online access.
5.4 This Agreement applies to any updates, supplements, add-on components, and internet-based service components of the Platform that Lix may, in its sole discretion, provide or make available to the End User. Lix recommends that the End User updates its device and Lix does not guarantee that the End User can continue to access the Platform if the End User does not update its device.
6. Pricing and payment
6.1 Prices for the licenses are specified by Lix on Lix’ website.
6.2 The Premium Access requires the End User to pay a monthly fee. If the fee is changed by more than five (5) percent, such change takes effect after a written notice via the Platform or e-mail of at least thirty (30) days to the end of a calendar month.
6.3 Access to any Publications via the Platform requires the End User to purchase or rent access to the specific Publication. The price of such access is specified for each Publication via the Platform. Any access purchased or rented applies solely to the purchased or rented Publication and no other version or edition of the 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 payment information on the Platform and keep such information updated.
6.6 Unless terminated the Premium Access will automatically be renewed on a monthly basis and the End User accepts that the fee for Premium Access will be charged to the End User’s credit card at the beginning of each month.
6.7 The price for access to the Publications will be paid upon acceptance of the specific price of such Publication.
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 the Platform and the Publications. The End User is not in any way by this Agreement granted any intellectual property rights in any material, including the Platform and the Publications or part hereof.
7.2 Lix may remove a Publication from the Platform if the Publication is not free from defects or if the Publication is infringing the rights of any third party.
8. Data protection
8.1 Lix and the End User agree that any processing of personal data by Lix will be governed by the data processing agreement attached as Schedule 1.
9. Cancellation right
9.1 Subject to Clause 9.2 the End User is entitled to cancel a purchase of the Premium Access and access to the Publications during the first fourteen (14) days after having made a purchase/rent.
9.2 The cancellation right is lost at the time when the End User starts using the Premium Access or starts using the Publications.
10. Term and termination
10.1 This Agreement enters into force when the End User is granted access to the Platform and shall continue in force until terminated by either the End User or Lix pursuant to this Section 10.
10.2 The End User may terminate this Agreement for convenience providing written notice via the Platform of at least thirty (30) days to the end of a calendar month.
10.3 Lix may terminate this Agreement for convenience providing written notice via the Platform or e-mail of at least twelve (12) months to the end of a calendar month. 10.4 Irrespective of Clause 10.3, this Agreement may be terminated with immediate effect by Lix at any time by giving written notice via the Platform or e-mail to this effect if:
the End User fails to pay any undisputed amount due under this Agreement more than fourteen (14) days from due date;
the End User is in breach of any of its material obligations under this Agreement; or
the End User entrusts/discloses its user name or password to the Platform to any other person or entity.
10.5 If the format is no longer considered sector-standard, Lix cannot warrant that the Publications in such format still will be available for the End User, and Lix is entitled, without liability, to terminate the availability of Publications in such formats with a twelve (12) months written notice via the Platform.
11. Consequences of termination
11.1 On termination of this Agreement all sums owed shall become immediately due for payment.
11.2 On termination of this Agreement for whatever reason, the End User will no longer have access to the Platform or its contents. For the avoidance of doubt this shall not apply to an End User that changes a Premium Access to a Freemium Access in which case the Freemium Access shall continue on the terms applicable to Freemium Access.
11.3 On termination of this Agreement, Lix has the right to delete any content uploaded or registered on the Platform by the End User without notice.
12. Force Majeure
12.1 Neither Lix or the End User shall be liable for any delays or failures to the extent that such delay or failure is caused, directly or indirectly, in whole or in part, by fire, flood, explosion, casualty, accident, acts of God, or natural catastrophe, war, riot, strike, lock-out or other labour dispute or industrial disturbance, embargo, law, regulation or requirement of any government authority or any other cause or circumstance beyond Lix’ or the End User’ s reasonable control.
13. Disclaimer of warranties
13.1 The End User acknowledges that based on the current status of technology it is impossible to develop complex software products such as the Platform that are completely error-free. Therefore, Lix does not make any warranties that the Platform is error-free.
14. Limitation of liability
14.1 The End User accepts that the End User’s sole and exclusive remedy whether in contract, tort or otherwise for any defects, lack of performance or dissatisfaction with the Platform is to stop using the Platform.
14.2 Lix is under no circumstances liable for any direct, indirect or consequential 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 shall apply to the furthest extent permitted by applicable law.
14.4 The limitation set out in this Section 14 does not apply in cases where Lix has acted with gross negligence or wilful misconduct.
14.5 Lix’ total liability in respect of loss or damages arising under or in connection with this Agreement, whether in contract, warranty, product liability, 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 given and shall not be construed as a continuing waiver of other breaches of the same or other provisions of the Agreement.
16.1 The End User is not entitled to assign any of its rights or obligations hereunder to anyone without the prior written consent of Lix. Lix may assign this Agreement to an entity controlled by Lix providing written notice via the Platform or e-mail to the End User.
17.1 If any provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification to or deletion of a provision under this Clause shall not affect the validity and enforceability of 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 new content and services via the Platform or by e-mail.
19.1 Headings in this Agreement shall not affect interpretation of this Agreement.
20.1 Lix reserves the right, at its sole discretion, to modify or replace this Agreement at any time. Lix undertakes to inform the End User of modifications or replacements either via the Platform or e-mail. If a revision is material to be decided by Lix in its sole discretion, Lix will inform the End 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 access the Platform.
21. Governing law and Jurisdiction
21.1 This Agreement and any dispute or claim arising out of or in connection with the Agreement, shall be exclusively governed by and construed in 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 exclusive jurisdiction to settle any dispute arising out of or in accordance with this Agreement, including any disputes regarding the existence, validity or termination thereof.