Digital Reading Room

Digital Reading Room End User License Agreement

This Digital Reading Room End User License Agreement (this “Agreement”) is an agreement between FamilySearch International, a Utah nonprofit corporation based in Salt Lake City, Utah (“FSI”), and the person and entity (if any) using the Digital Reading Room software or any part of it (the “Software”) under this Agreement (collectively and individually, “You” or “Your”).

FSI provides the Software only on the terms and conditions of this Agreement and on the condition that You accept and comply with them. By clicking the “Accept” button below, or by using the Software, You accept this Agreement and agree that You will be bound by all of its terms. If You do not agree to the terms of this Agreement, FSI will not and does not license the Software to You, and You may not download, install, or use the Software in any way.

Notwithstanding anything to the contrary in this Agreement, FSI does not grant any license (express, implied, or otherwise) concerning any software that You do not acquire lawfully or that is not a legitimate, authorized copy of the Software provided to You by FSI.

License Grant and Scope. Subject to and conditioned upon Your compliance with all terms and conditions of this Agreement, FSI grants to You a limited, non-exclusive, freely revocable by FSI (at any time and for any or no reason), non-sublicensable (except as expressly allowed by this Section 1), and non-transferable license (the “License”), during the Term (defined below), to: (a) download and install, in accordance with any documentation provided with the Software (“Documentation”), one copy of the Software on each computer that is owned or leased, and controlled by, You; (b) run and use the Software as properly installed in accordance with this Agreement and any Documentation, solely for Your internal business purposes or personal, noncommercial purposes; (c) download one copy of the Documentation per copy of the Software installed (in accordance with this Agreement) and use such copy solely in support of the licensed use of the Software under this Agreement; and (d) allow employees, officers, directors, members, volunteers, or other agents (“Agents”) and patrons of Yours (if any) to do any of the foregoing, but solely on Your (or Your patrons’) behalf and under Your direction and control. In all cases, all copies of the Software and Documentation: (i) will be FSI’s exclusive property; (ii) will be subject to this Agreement; and (iii) must at all times include all trademark, copyright, patent, and other notices provided therewith or requested by FSI. There are no implied licenses under this Agreement, and all rights not expressly granted to You in this Agreement are reserved to FSI.
Use Restrictions. You are not permitted to (and You will not) directly or indirectly reproduce, distribute, create derivative works of, perform, display, transmit, or otherwise use or allow others to use the Software or Documentation beyond the scope of the License. For example, You will not: (a) provide any third party (except Your authorized Agents and patrons) with access to the Software or Documentation; (b) modify, translate, adapt, or otherwise create derivative works or improvements of the Software or Documentation (You may customize the Software using any built-in customization functionality given as part of the Software, but You may not modify the Software’s object code or source code to provide customizations that extend beyond the Software’s built-in personalization and configuration functionality); (c) combine the Software with, or incorporate it into, any other programs; (d) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Software or any part thereof; (e) remove, delete, alter, or obscure any trademark, copyright, patent, or other intellectual property or proprietary rights notices provided in or with the Software or Documentation; or (f) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make the Software (or any of the Software’s features or functionality) available to any third party for any reason, whether or not over a network or on a hosted basis, including in connection with the internet or any web hosting, wide area network, virtual private network, time-sharing, service bureau, software as a service, cloud, or other technology or service. You will not use the Software or Documentation for purposes of competitive analysis of the Software, the development of a competing software product or service, or any other purpose that may be to FSI’s commercial disadvantage.
No Infringing Use. Users of the Software may be able to, in some cases, use the Software to reproduce, display, or take other actions with photos, videos, text, other creative works, or other materials (collectively and individually, “Materials”) in a way that may require permission from a copyright holder or that may otherwise implicate any intellectual property rights, rights of privacy, rights of publicity, or other rights of any person or entity (collectively and individually, “Rights”). The License does not allow You to (and You will not) use the Software (or allow anyone else to use the Software) in any way that infringes any Rights of FSI or of any third party. You will not import into the Software or otherwise use the Software in connection with any Materials whatsoever (or allow anyone else to do so) unless You: (a) own all copyright and other rights in and to such Materials; (b) have a license from the applicable rightsholder allowing for such use; or (c) otherwise have the legal right to use such Materials in such manner.
Responsibility for Use of the Software. You are solely responsible and liable for all uses of the Software and Documentation provided to You. Thus, You are solely responsible and liable for all actions and failures to take required actions with respect to the Software and Documentation, whether by You, Your Agents, or by any third party to whom You may provide access, whether such access is permitted by, or in violation of, this Agreement.
Third-Party Materials. The Software may include software, content, data, or other materials (including related documentation) that are owned by third parties and that are provided to You on license terms that are in addition to those of this Agreement (“Third-Party Licenses”). A list of certain Third-Party Licenses governing materials that may be included in the Software is set forth here: Third party licenses. FSI makes no representations or warranties of any kind regarding any third-party materials or Third-Party Licenses, and You are solely responsible and liable for compliance with all Third-Party Licenses.
Your Representations and Warranties; Indemnification. You represent and warrant to FSI entity and our use, Your Agents’ use, and Your patrons’ use of the Software will not: (i) violate any of the use restrictions in Section 2; (ii) infringe any Rights of any third party; or (iii) violate any applicable law, regulation, or rule; (b) if You are an individual and not using the Software on behalf of an entity, You are at least 18 years old and have the power to enter into this Agreement; and (c) if You are using the Software on behalf of an entity, You have the authority to enter into this Agreement on behalf of such entity, and do bind such entity to this Agreement. You will defend, indemnify, and hold harmless FSI and FSI’s affiliates and their Agents from and against any and all claims, damages, costs (including attorneys’ fees), and other harms resulting from or relating to Your breach of any of Your warranties in this Agreement.
Collection and Use of Information. You acknowledge that FSI may (at its discretion), directly or indirectly (e.g., through the Software or through the services of third parties), collect and store information regarding You, Your Agents, Your patrons, Your (and Your Agents’ and patrons) use of the Software, and the equipment on which the Software is installed or through which it otherwise is accessed and used. FSI may use such information for any purpose related to any use of the Software by You or on Your equipment, including for: (a) improving the Software’s performance or developing updates for it; (b) verifying Your compliance with this Agreement; and (c) enforcing FSI’s rights, including all intellectual property rights in and to the Software.
Feedback. You may (at Your option) provide FSI with ideas for improvement or other feedback regarding the Software or Documentation (“Feedback”). FSI may use any such Feedback for improving the Software or for any other purpose without any obligation to You. Indeed, You assign all right, title, and interest in and to such Feedback to FSI, including the right to exercise, authorize, prohibit, and control the production, reproduction, distribution, creation of derivative works, performance, display, transmission, and other exploitation of such Feedback in any manner and by any means (now known or later developed) that FSI deems fit. You are not obligated to provide Feedback.
Intellectual Property Rights. The Software and Documentation are licensed, not sold, to You. You do not acquire any ownership interest or other rights in the Software or Documentation under this Agreement other than as expressly given by the License and subject to all terms, conditions, and restrictions in this Agreement. You must safeguard the Software and Documentation from infringement, misappropriation, theft, misuse, and unauthorized access. You will promptly notify FSI if You become aware of any potential infringement of FSI’s intellectual property rights, and You will fully cooperate with FSI in any legal action taken by FSI to enforce such rights.
Term and Termination. This Agreement (including the License) will remain in effect until this Agreement is terminated as allowed for below (the “Term”). Upon termination of this Agreement, the License will also terminate, and You will cease using and destroy all copies of the Software and Documentation. Additionally, FSI may (at its option) deactivate any copy of the Software or otherwise block You from using such Software by any technical or non-technical means available to FSI. This Agreement may be terminated as follows: (a) You may terminate this Agreement by ceasing to use and destroying all copies of the Software and Documentation in Your (and Your Agents’) possession. (b) FSI may terminate this Agreement at any time and for any or no reason, effective immediately upon such termination. (c) This Agreement will automatically terminate, effective immediately, if You: (i) file, or have filed against You, a petition for voluntary or involuntary bankruptcy or pursuant to any other insolvency law; or (ii) make or seek to make a general assignment for the benefit of Your creditors or apply for, or consent to, the appointment of a trustee, receiver, or custodian for a substantial part of Your property.
Survival. Sections 3-9, 11-13, 15-16, and 18-21 will survive termination of this Agreement for any reason, along with any other provision that, by its nature, should survive.
The Software is Provided AS-IS Without Warranty. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED “AS IS”, WITH ALL FAULTS AND DEFECTS, AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FSI, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND AGENTS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, FSI GIVES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SOFTWARE WILL: MEET YOUR REQUIREMENTS; ACHIEVE ANY INTENDED RESULTS; BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES; OPERATE WITHOUT INTERRUPTION; BE FREE OF ANY VIRUS OR MALICIOUS CODE; BE SAFE TO USE ON ANY COMPUTER SYSTEMS; MEET ANY PERFORMANCE OR RELIABILITY STANDARDS; OR BE ERROR FREE.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW: (a) IN NO EVENT WILL FSI OR ITS AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SOFTWARE; LOST REVENUES OR PROFITS; DELAYS, INTERRUPTION, OR LOSS OF SERVICES, BUSINESS, OR GOODWILL; LOSS OR CORRUPTION OF DATA; LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION; SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION; OR BREACHES IN SYSTEM SECURITY; OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT FSI WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) IN NO EVENT WILL FSI’S AND ITS AFFILIATES’ AND AGENTS’ COLLECTIVE AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, EXCEED THE TOTAL AMOUNT OF $10 USD. (c) THE LIMITATIONS OF THIS SECTION 13 WILL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
Export Regulation. The Software may be subject to the export control laws, including the Export Control Reform Act and its associated regulations, of the U.S.A. Further, You will not, directly or indirectly, export, re-export, or release the Software to, or access or make the Software accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by any U.S.A. law, rule, or regulation. You must comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Software available outside the U.S.A.
Governing Law; Jurisdiction. All matters arising out of or relating to this Agreement will be governed by and construed in accordance with the internal laws of the State of Utah, U.S.A., without giving effect to any choice or conflict of law provision. Any legal suit, action, or proceeding arising out of or relating to this Agreement or the transactions contemplated in connection with it will be instituted exclusively in the federal or state courts of the U.S.A., in each case located in Salt Lake County, Utah, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such legal suit, action, or proceeding.
Complete Agreement. This Agreement (including the list of Third-Party Licenses) constitutes the sole and entire agreement between You and FSI with respect to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
Amendment. You may be required to reaffirm Your acceptance of this Agreement periodically. Additionally, this Agreement may be updated by FSI from time to time, and Your continued use of the Software following any update will constitute Your acceptance of the updated terms. If You do not agree to the updated terms, You must immediately terminate this Agreement in accordance with Section 10(a).
No Assignment. You will not assign or otherwise transfer any of Your rights, or delegate or otherwise transfer any of Your obligations or performance, under this Agreement, in each case whether voluntarily, involuntarily, by operation of law, or otherwise, without FSI’s prior written consent, which consent FSI may give or withhold in its sole discretion. No delegation or other transfer will relieve You of any of obligation or performance under this Agreement. Any purported assignment, delegation, or transfer in violation of this Section 18 is null and void and a material breach of this Agreement. FSI may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under this Agreement without Your consent. This Agreement is binding upon and inures to the benefit of the parties and their respective permitted successors and assigns.
No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties and their respective permitted successors and assigns, and nothing herein, express or implied, is intended to or will confer on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
Severability. If any term of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term of this Agreement or invalidate or render unenforceable such term in any jurisdiction.
Interpretation. For purposes of this Agreement: the word “include” and variations thereof will be deemed to be followed by the words “without limitation”; and the word “or” is not exclusive (and may be interpreted to mean and/or unless the context clearly dictates otherwise). This Agreement will be construed without regard to any presumption or rule requiring construction or interpretation against the drafting party. The headings in this Agreement are for reference only and do not affect its interpretation.