Terms and Conditions of the Kindle-Compatible File Conversion Service

The following terms and conditions will apply to the Kindle-Compatible File Conversion Service described below (for the purpose of the following additional terms and conditions only, the “Service”), subject to the terms and conditions of your Publishing Agreement.  Capitalized terms used and not otherwise defined below will have the meaning ascribed to them in your Publishing Agreement.

1.    Scope of Service.   After you have specified the Content you want us to convert through this Service, BookSurge will create and provide you with an eBook version of your book in the form of a Digital Rights Management (DRM)-protected file in accordance with the terms below.  This PRC file will be formatted to meet the file specifications of the Amazon Digital Text Platform and will be compatible with the Amazon Kindle wireless reading device.  We make no assurances that the eBook file we provide you will be compatible with other eBook publishing platforms or that all images included in your trade paperback book will display properly on the Kindle device.  We will not upload your eBook for publication or distribution through the Kindle program. 

2.     License; Ownership.  After you have verified that you are ready for us to format your Content as described above, you grant to us, subject to the terms of the Agreement, (a) a nonexclusive license to use such Content for the purpose of creating a PRC file and returning it to you as described above and (b) any other rights necessary to technically effectuate the rights granted to us herein, including the right to reproduce, store and adapt the Content.  As between the parties, you own all Intellectual Property Rights in the Content (subject to the licenses set forth in the preceding sentence and in Section 6 of the Agreement); provided, however, that we will own all right, title and interest in and to the materials created, provided or used by us in connection with the services described above, including all Intellectual Property Rights therein (subject to your underlying rights in the Content).

3.     Nonrefundable.   After you have agreed that you are ready for us to format your Content as described above, the fees you paid for this service are nonrefundable unless we determine in our sole discretion that we are unable to perform Service as described in paragraph 1 above.

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