WebSpellChecker.net application 3.7

EULA - End User License Agreement

SPELLCHECKER.NET, INC. (SPELLCHECKER) IS WILLING TO LICENSE THE SOFTWARE (AS DEFINED IN SECTION 1 BELOW) TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS EVALUATION LICENSE AGREEMENT (AGREEMENT). PLEASE READ THE AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU ACCEPT THE FULL TERMS OF THIS AGREEMENT.
IF YOU ARE AGREEING TO THIS LICENSE ON BEHALF OF AN ENTITY OTHER THAN AN INDIVIDUAL PERSON, YOU REPRESENT THAT YOU ARE BINDING AND HAVE THE RIGHT TO BIND THE ENTITY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. Subject of Agreement. Software, as referred to in this Agreement, shall be the binary software package SpellChecker Engine, on a physical computer with a specific operating system (Hardware). The Software consists of executable files in machine code as well as other data files as required by the executable files at run-time and documentation in electronic form. The Software includes all documentation and updates provided to You by SpellChecker under this Agreement and the terms of this Agreement will apply to all such documentation and updates unless a different license is provided with an update or documentation.
2. Grant of license. SpellChecker grants you a personal, non-exclusive, non-transferable, limited license to reproduce, install, execute, and use internally the Software on the Hardware for Evaluation Use. Evaluation Use means testing the Software for the purpose of providing services to End Users via the Internet for thirty (30) days; after expiry of that term, you are no longer permitted to evaluate the Software. End Users shall mean a third party to whom you provide services using the Software, via the Internet, pursuant to this Agreement.
3. Restrictions and Reservation of Rights. (1) Any use beyond the provisions of Section 2 is prohibited. The Software and copies thereof provided to you under this Agreement are copyrighted and licensed, not sold, to you by SpellChecker. SpellChecker reserves all copyrights and other intellectual property rights. This includes, but is not limited to, the right to modify, make available or public, rent out, lease, lend or otherwise distribute the Software. This does not apply as far as applicable law may require otherwise or if SpellChecker grants you additional rights of use in a separate agreement in writing.
(2) You may not do any of the following: (a) modify the Software; (b) rent, lease, lend or encumber the Software; (c) remove or alter any proprietary legends or notices contained in the Software; or (d) decompile, or reverse engineer the Software (unless enforcement of this restrictions is prohibited by applicable law).
(3) The Software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility and SpellChecker and its licensors disclaim any express or implied warranty of fitness for such uses.
(4) No right, title or interest in or to any trademark, service mark, logo or trade name of SpellChecker or its licensors is granted under this Agreement. "SpellChecker" and any other trademarks and service marks adopted by SpellChecker to identify the Software and other SpellChecker products and services belong exclusively to SpellChecker, and you shall have no rights in such marks except as expressly set forth herein and as specified in writing from time to time. Your use of SpellChecker's trademarks shall be under SpellChecker's then-current trademark policies and procedures. You agree not to use the trademark "SpellChecker" or any mark beginning with the word "SpellChecker" on any portion of the Software, or trademark for any other of your products. You shall have the right to use the trademark "SpellChecker" and other SpellChecker trademarks solely to refer to the Software, or other SpellChecker products and services. Unless otherwise notified by SpellChecker, you agree, with respect to every other trademark of SpellChecker, to include in each advertisement, brochure, or other such use of the trademark, the symbol "TM" and the following statement: is a trademark of SpellChecker.net, Inc., Los Angeles, California
(5) SpellChecker may, in its discretion, monitor the Software and your use thereof to determine and ensure compliance with this Agreement and to protect itself and other users of the Software from fraudulent, unlawful, abusive, or otherwise unauthorized use of the Software. SpellChecker may also remotely cease functionality of the Software due to unauthorized use, or intercept and disclose any content, record, use or other information to the extent reasonably necessary to protect the rights of SpellChecker, for mechanical or service quality control as permitted by law, or to comply with any law, regulation, or governmental request.
4. Termination. The Agreement is effective on the date you receive the Software and remains effective until terminated. Your rights under this Agreement will terminate immediately without notice from SpellChecker if you materially breach it or take any action in derogation of SpellChecker's and/or its licensors' rights to Software. SpellChecker may terminate this Agreement should any Software become, or in SpellChecker's reasonable opinion likely to become, the subject of a claim of intellectual property infringement or trade secret misappropriation. Upon termination, you will cease use of, and destroy, Software and confirm compliance in writing to SpellChecker. Sections 3-9, inclusive, will survive termination of the Agreement.
5. Disclaimer of Warranty. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, SPELLCHECKER PROVIDES THE SOFTWARE AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. The entire risk as to the quality and performance of the Software is with you. Should it prove defective, you assume the cost of all necessary servicing, repair, or correction. In addition, SpellChecker shall be allowed to provide updates to the Software in urgent cases. You are then obliged to install such updates. Such an urgent case includes, but is not limited to, a claim of rights to the Software by a third party.
6. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL SPELLCHECKER OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SPELLCHECKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will SpellChecker's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you.
7. Third Party Code. Portions of Software may be provided with notices and open source licenses from communities and third parties that govern the use of those portions, and any licenses granted hereunder do not alter any rights and obligations You may have under such open source licenses, however, the disclaimer of warranty and limitation of liability provisions in this Agreement will apply to all the Software.
8. Export Regulations. All Software, documents, technical data, and any other materials delivered under this Agreement are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with these laws and regulations and acknowledge that you have the responsibility to obtain any licenses to export, re-export, or import as may be required after delivery to you.
9. U.S. Government Restricted Rights. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
10. Miscellaneous. This Agreement is the entire agreement between you and SpellChecker relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. Neither party shall be liable to the other for failure or delay in the performance of the required obligation if such failure or delay is caused by strike, riot, fire, flood, natural disaster, or other similar cause beyond such party's control. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate. Course of dealing and other standard business conditions of the parties or the industry shall not apply. This Agreement is governed by the substantive and procedural laws of California and you and SpellChecker agree to submit to the exclusive jurisdiction of, and venue in, the courts in Los Angeles County in California in any dispute arising out of or relating to this Agreement.