Unless otherwise provided for in this End User License Agreement (EULA), and unless you have a written agreement with Wordman Speaks providing for additional use, this EULA gives you permission to install and use one copy of a particular Wordman Speaks Add-In (“the Software”) on one computer or electronic device at any given time as set out in more detail below.
1. Important Notice. Please read this EULA carefully. By installing or using the Software, you agree to the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Software. This EULA contains disclaimers of warranties and limitations of liability and exclusive remedies. The provisions below form the essential basis of our agreement.
This EULA is a legal agreement between you and Wordman Speaks, 2480 Irvine Boulevard, Suite 265, Tustin, California, 92782-8022 (“Wordman Speaks”, “Us”, “We”, or “Our”) regarding your use of the Software. Unless you have another written agreement with Wordman Speaks regarding this Software, your use of this Software is governed by this EULA.
If you agree to this EULA, you are granted a limited, worldwide, non-assignable, non-sublicensable, non-transferable, and non-exclusive license for agreed remuneration to use the Software, which may be limited in time as set forth below. Unless hereinafter agreed otherwise, you are permitted to use one licensed copy of the software for personal or commercial purposes. This software is licensed per single address (“address”). You may only install the Software license on one computing device. You may not install the Software license on a second computing device unless the original computing device fails or the Software is completely deleted from the original computing device. If you have purchased multiple licenses for the Software, at any time you may have as many copies of the Software in use as you have licenses.
2. License to Use the Software. You receive a usage right (license) to the Software, but you do not own the Software itself. This EULA does not allow installation of the Software on a hardware partition, blade, or terminal server, or in any other virtualization environment (collectively “Virtualization Environment”). You may not allow the Software to be accessed, operated, or viewed from, or installed or uploaded to, other computers through a network connection. A separate license agreement must be entered into with Wordman Speaks to obtain the right to use the Software for a Virtualization Environment, network connections, or volume purchases.
3. Your Responsibilities While Using the Software. You may not sell, rent, lease, resell, or loan the Software.
4. Updates. Software updates, bug fixes, feature enhancements, and improvements (“Updates”) may become available on the Wordman Speaks website. If the Update is not installed, you may not receive full benefit of the Software or the Software may not perform properly.
5. Our Intellectual Property Rights. The Software is protected by United States Intellectual Property laws. Therefore, you may not distribute the Software without Our permission unless otherwise provided for in this EULA or by law. You may (in addition to the usage copies mentioned above) only make one copy of the Software or you may keep one copy of the Software on a single computing device for backup or archival purposes. You agree that Wordman Speaks, the Wordman Speaks logo, and other Wordman Speaks service marks and graphics are the property of Wordman Speaks (“Marks”). You are not granted a right to use Marks without the Wordman Speaks’ permission. You will not remove, obscure, or alter any proprietary notices affixed to or contained within the Software. You understand and agree that We have the right to stop selling, distributing, servicing, or updating the Software (or any part of it) and services or offerings at any time.
6. Indirect and Consequential Damages. Wordman Speaks assumes no liability for indirect or consequential damages. You assume the entire cost of any damage resulting from the information contained in or compiled by the Software. To the maximum extent permitted by applicable law, in no event will Wordman Speaks be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use the Software, even if such party has been advised of the possibility of such damages. In no event will Wordman Speaks’ total liability to you for all damages in any one or more cause of action exceed the amount paid by you for the Software. This limitation will apply regardless of the failure of the essential purpose of any limited remedy.
7. General. This EULA is the entire agreement between You and Wordman Speaks and supersedes any other communications or advertisements with respect to the Software and documentation. The Software, or any feature or part thereof, may not be available in all languages or in all countries.
If and to the extent any provision of this EULA is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable but only to the extent of its illegality, invalidity, or unenforceability. No term or provision in this EULA will be considered waived, and no breach excused, unless such waiver is in writing signed on behalf of the party against whom the waiver is asserted. No waiver (whether express or implied) will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach. No modifications or amendments to this EULA will be binding upon Wordman Speaks unless made in writing and duly executed by You and an authorized representative of Wordman Speaks.
Some Software versions may not be compatible with various computer operating systems and applications and Wordman Speaks may not release Updates (particularly Updates establishing compatibility). Your Software may not be compatible with computer operating systems and applications that You may purchase now or in the future.
11. Applicable Law. This EULA is governed by the laws of the United States and the State of California, without reference to conflict of laws principles. Any dispute between you and Wordman Speaks regarding this EULA will be subject to the exclusive venue of the state and federal courts in the State of California.