PLEASE READ THE FOLLOWING SINGLE-USER LICENSE AGREEMENT CAREFULLY BEFORE USING THIS PROGRAM. THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END-USER, AND WordQuest Interlanguage Systems and/or Word Magic Software. BY INSTALLING AND/OR USING THIS PROGRAM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT INSTALL AND/OR USE THIS PROGRAM.
Article 1 - Grant Of License: Word Magic Software and WordQuest Interlanguage Systems Ltd (hereinafter "WordQuest") grants you a non-exclusive license to use the "Word Magic Software" program included herein subject to the terms of this Agreement. For the purposes herein, "Word Magic Software" shall constitute ALL component parts that are distributed herein including all program files, libraries, support files and documentation (hereinafter "Software"). The Software is licensed as a single product. Its component parts may not be separated or distributed. The Software is solely for your own personal use, on one computer at one time. You may use this Software on a different computer, but it may not be used on two or more computers at the same time. You may make a working copy of the Software and a backup copy for archival purposes only.
Article 2 - Restrictions On Use:
* You may NOT use the Software to create Derivative Works.
* You may not reverse engineer, translate, port, modify, decompile, or disassemble the Software. Furthermore, you shall not derive or attempt to derive the source code, source files or structure of all or any portion of the Software by reverse engineering, disassembly, decompilation or by any other means.
* You may not rent, publish, sell, lease, sublicense or market the Software or use it in any manner not expressly authorized by this Agreement.
* You may transfer the Software and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement.
* You shall not use the Software to operate a service bureau or for any other use involving the processing of data of any other persons or entities.
* You may not alter or remove any copyright notices or proprietary legends contained in, or on, the Software.
Article 3 - Ownership, Copyrights & Trademarks: WordQuest is the exclusive licensee of the Software, which was created by WordQuest's licensors (hereinafter "Copyright Owners"). WordQuest and Copyright Owners shall retain all ownership rights in the Software. The Software is protected by United States Copyright law and also by International Treaty provisions. Any use of the Software in violation of these laws shall constitute a termination of this Agreement and can result in prosecution. The Software is Copyright (c) 1993-97 by WordQuest Interlanguage Systems Ltd., a company registered under the State of Texas. ALL RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES AND INTERNATIONAL TREATY PROVISIONS. "Word Magic Software" is a registered trademark licensed by WordQuest Interlanguage Systems, Ltd..
Article 4 - Term: This license is effective until terminated. You may terminate it at any time by destroying the Software together with all copies and modifications in any form. This License also terminates if you fail to comply with the terms and conditions of this Agreement.
Article 5 - No Warranty: WORDQUEST MAKES AND USER RECEIVES NO WARRANTY, WHETHER EXPRESS OR IMPLIED, AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. The Software is provided to you on an "AS IS" and "WITH ALL FAULTS" basis. You assume the entire risk of loss in using the Software. The Software is complex and contains non-conformities, defects and errors. WordQuest does not warrant that the Software will meet your needs or expectations (whether due to hardware related capabilities or otherwise) or that operation of the Software will be error-free or uninterrupted, or that any non-conformity, defect or error can or will be corrected.
Article 6 - Limitations On Liability & Remedies: WordQuest ASSUMES NO LIABILITY FOR ANY FILES CREATED, MODIFIED OR DISTRIBUTED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LIABILITY FOR PATENT OR COPYRIGHT INFRINGEMENT. FURTHERMORE, IN NO EVENT SHALL WordQuest BE LIABLE FOR ANY DAMAGES, CLAIM OR LOSS INCURRED BY USER (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST PROFITS, LOST SALES OR BUSINESS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR DAMAGES RESULTING FROM LOST OR CORRUPTED DATA OR INABILITY TO USE YOUR COMPUTER, OR THE USE OF OTHER PROGRAMS OR DATA ON YOUR COMPUTER, OR THE SOFTWARE) IRRESPECTIVE OF WHETHER WordQuest HAS BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF, THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IF WordQuest 'S EXCLUSION OF ANY WARRANTY AND/OR LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL FOR ANY REASON WHATSOEVER BE HELD UNENFORCEABLE OR INAPPLICABLE, USER AGREES THAT WordQuest 'S LIABILITY TO ANY PARTY SHALL NOT EXCEED THE PURCHASE PRICE OF THE SOFTWARE. Some states do not allow the exclusion or limitation of incidental or consequential damages or the limitation of duration of an implied warranty, so the limitation or exclusion herein may not apply to you.
Article 7 - General:
* This is the exclusive Agreement between WordQuest and you regarding its subject matter. You shall pay any taxes on the Software or transactions, except for those based on WordQuest's annual net income.
* The Copyright Owners shall be third party beneficiaries of WordQuest's rights under this Agreement, but they are not a party hereto and shall have no obligation hereunder.
* If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in effect.
* This Agreement supersedes and replaces and all previous Agreements, whether written or oral, with you regarding the Software.
* This Agreement shall be governed by the laws of the State of Texas, except for that body of law dealing with conflicts of law.
COMMERCIAL COMPUTER SOFTWARE
The Software is a "commercial item", as that term is defined at 48 C.F.R. 2.101 (Oct. 1995) consisting of "commercial computer software" and "commercial computer documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Governmental End Users acquire the Software with only those license rights set forth herein. For purpose of any public disclosure provision under any federal, state or local law, it is agreed that this Software is a trade secret and proprietary commercial Software is not subject to disclosure.
