Ebook disclaimer: cover

  1. This template legal document was produced and published by SEQ Legal LLP.
  2. We control the copyright in this template, and you may only use this template in accordance with the licensing provisions in our terms and conditions.
  3. The current version of our terms and conditions is available at: https://www.website-contracts.co.uk/our-terms-and-conditions.html.
  4. You will need to edit this template before use. Guidance notes to help you do so are set out at the end of the template. During the editing process, you should delete those guidance notes and this cover sheet. Square brackets in the body of the document indicate areas that require editorial attention. “ORs” in the body of the document indicate alternative provisions. By the end of the editing process, there should be no square brackets left in the body of the document, and only one alternative from each set of alternatives should remain. Elements may be specified as optional in the accompanying notes, but that does not mean that they are in all cases removable. Depending upon the circumstances, an optional element may be: (i) required by law; or (ii) necessary to ensure that the document is internally consistent.
  5. If you have any doubts about the editing or use of this template, you should seek professional legal advice.
  6. You may be able to get free legal guidance using our public Q&A system, available at: https://seqlegal.com/questions.
  7. You can request a quote for legal services (including the adaptation or review of a legal document produced from this template) using this form: https://seqlegal.com/request-quote.

Ebook disclaimer

Copyright notice

Copyright © [year of first publication] [name of copyright owner].

We control the copyright and other intellectual property rights in this ebook. Subject to the licence below, all these intellectual property rights are reserved.

Licence to use ebook

Subject to your[ payment of the applicable price and] compliance with the restrictions below and the other terms of this disclaimer, we grant to you [a worldwide, non-exclusive and non-transferable licence] to:

(a)    download a copy of the ebook;

(b)    store and view [a single copy] OR [up to [number] copies] OR [an unlimited number of copies] of the ebook on [a single] OR [not more than [number]] OR [an unlimited number of] desktop or notebook [computer] OR [computers];

(c)    store and view [a single copy] OR [up to [number] copies] OR [an unlimited number of copies] of the ebook on [a single] OR [not more than [number]] OR [an unlimited number of] ebook [reader] OR [readers] or similar electronic [device] OR [devices]; and

(d)    print [a single copy] OR [up to [number] copies] OR [an unlimited number of copies] of the ebook[ solely [for your own personal, domestic and non-commercial use]].

You must not in any circumstances:

(a)    publish, republish, sell, license, sub-license, rent, transfer, broadcast, distribute or redistribute the ebook or any part of the ebook;

(b)    edit, modify, adapt or alter the ebook or any part of the ebook;

(c)    use the ebook or any part of the ebook in any way that is unlawful or in breach of any person’s legal rights under any applicable law[, or in any way that is offensive, indecent, discriminatory or otherwise objectionable];

(d)    [use the ebook or any part of the ebook to compete with us, whether directly or indirectly]; or

(e)    [use the ebook or any part of the ebook for a commercial purpose].

You must retain, and must not delete, obscure or remove, all copyright notices and other proprietary notices in the ebook.

The rights granted to you by this disclaimer are personal to you, and you must not permit any third party to exercise these rights.

If you breach this disclaimer, then the licence set out above will be automatically terminated upon such breach (whether or not we notify you of termination).

Upon the termination of the licence, you will promptly and irrevocably delete from your computer systems and other electronic devices any copies of the ebook in your possession or control, and will permanently destroy any paper or other copies of the ebook in your possession or control.

Digital rights management

You acknowledge that this ebook is protected by digital rights management technology, and that we may use this technology to enforce the terms of this disclaimer.

Pirate copies

If you have bought or received a copy of this ebook from any source other than [us or [other sources]], then that copy is a pirate copy. If this has happened to you, please let us know by email to [email address].

You can buy a genuine copy of the ebook from [URL].

No advice

The ebook contains information about [subject matter]. The information is not advice and should not be treated as advice.

You must not rely on the information in the ebook as an alternative to [legal] OR [medical] OR [financial] OR [[subject matter]] advice from an appropriately qualified professional. If you have any specific questions about any such matter you should consult an appropriately qualified professional.

If you think you may be suffering from any medical condition you should seek immediate medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information in the ebook.

You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in the ebook.

Limited warranties

Whilst we endeavour to ensure that the information in the ebook is correct, we do not warrant or represent its completeness or accuracy.

We do not warrant or represent that the use of the ebook will lead to any particular outcome or result.[ In particular, we do not warrant or represent that by using the ebook you will [specify non-warranted outcome].]

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this ebook and the use of this ebook.

Limitations and exclusions of liability

Nothing in this disclaimer will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law;

(d)    exclude any liabilities that may not be excluded under applicable law; or

(e)    limit or exclude any mandatory rights that you have as a consumer under applicable law.

The limitations and exclusions of liability set out in this disclaimer:

(a)    are subject to the preceding provision; and

(b)    govern all liabilities arising under this disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this disclaimer.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

Trade marks

[Identify trade marks], our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

The third party registered and unregistered trade marks and service marks that feature in our ebook are the property of their respective owners and, unless stated otherwise in this disclaimer, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

Law and jurisdiction

This disclaimer shall be governed by and construed in accordance with [English law].

Any disputes relating to this disclaimer shall be subject to the [exclusive] OR [non-exclusive] jurisdiction of the courts of [England].

Ebook disclaimer: drafting notes

This is a template for an ebook disclaimer: the text often found near the start of the ebook that disclaims liability in relation to the use of the ebook. In addition to disclaiming liability in various ways, this template also includes a licence of copyright. The licence specifies exactly what the customer or user is permitted to do with the ebook, as well a detailing prohibitions on use.

The disclaimer need not form part of a contract between the publisher and the customer or use, but it may be easier to enforce the terms of the disclaimer if some formal acceptance or consent has been given (for instance, via a check box).

The disclaimer does not attempt to deal with legal issues relating to the sale of the ebook. For instance, the distance selling rules are not covered. See our ebook download agreement for a more comprehensive document covering liability, licensing and sale.

Section: Licence to use ebook

Subsection: Licence to use ebook

Delete the references to a price if the ebook is distributed free of charge. Edit these permissions as appropriate.

Subsection: Prohibitions on use of ebook

Edit these prohibitions as appropriate.

Subsection: Rights granted by document are personal

Optional element.

Section: Digital rights management

Optional element.

Section: Pirate copies

Optional element.

Section: No advice

Optional element.

Subsection: No reliance on information in the ebook

Optional element.

Consider including this section if material in the ebook could be misconstrued as professional advice.

Subsection: Ebook and medical attention

Optional element.

Consider including this section if material in the ebook could be misconstrued as medical advice.

Subsection: No legal advice in ebook

Optional element.

Consider including this section if material in the ebook could be misconstrued as legal advice.

Section: Limited warranties

Optional element.

Section: Limitations and exclusions of liability

Optional element.

Contractual limitations and exclusions of liability are regulated and controlled by law, and the courts may rule that particular limitations and exclusions of liability in contracts are unenforceable.

The courts may be more likely to rule that provisions excluding liability, as opposed to those merely limiting liability, are unenforceable.

If there is a risk that any particular limitation or exclusion of liability will be found to be unenforceable by the courts, that provision should be drafted as an independent term, and be numbered separately from the other provisions.

It may improve the chances of a limitation or exclusion of liability being found to be enforceable if the party seeking to rely upon it specifically drew it to the attention of the other party before the contract was entered into.

You should take legal advice if you may wish to rely upon a limitation or exclusion of liability.

Subsection: Caveats to limits of liability

Do not delete this provision (except upon legal advice). Without this provision, the specific limitations and exclusions of liability in the document are more likely to be unenforceable.

Subsection: No liability for business losses

Optional element.

Subsection: No liability for loss of data or software

Optional element.

Subsection: No liability for consequential loss

Optional element.

Section: Trade marks

Optional element.

Trade marks may be registered or unregistered. It is a criminal offence under Section 94 of the Trade Marks Act 1994 to falsely represent that a trade mark is registered. Accordingly, you must not use the (R) symbol in relation to unregistered trade marks.

Subsection: Trade mark ownership

It is customary in legal documents to identify specific trade marks using capital letters (eg TRADE MARK) and, in the case of registered marks, registration particulars (eg UK trade mark registration number 000001 for TRADE MARK).

  • Please identify your trade marks, by reference to registration particulars in the case of registered trade marks.

Subsection: Third party trade marks in ebook

Optional element.

Section: Law and jurisdiction

Optional element.

The questions of which law governs a document and where disputes relating to the document may be litigated are two distinct questions.

Subsection: Governing law

This document has been drafted to taking account of the rules of English law, and the governing law provision should not be changed without obtaining expert advice from a lawyer qualified in the appropriate jurisdiction. In some circumstances the courts will apply provisions of their local law, such as local competition law or consumer protection law, irrespective of a choice of law clause.

  • Which law should govern the document?

Subsection: Jurisdiction

In some circumstances your jurisdiction clause may be overridden by the courts.

  • Should the jurisdiction granted be exclusive or non-exclusive? Choose “non-exclusive” jurisdiction if you may want to enforce the terms and conditions against users outside England and Wales. Otherwise, choose “exclusive jurisdiction”.
  • The courts of which country or jurisdiction should adjudicate disputes under the document?