Terms & Conditions
This license agreement ("agreement") is a legal agreement between yourself, an individual ("you"), and the Hyperword Company (the "company"). It is important that you carefully read this license agreement (this "agreement") before continuing.
By installing the Hyperwords for Firefox extension ("the software") you agree to be bound by all the terms and conditions of this agreement. By each subsequent use of the software, you are reaffirming your agreement to be bound by the terms of this agreement. If you do not agree to all of the terms of this agreement, do not use the software.
LIMITED LICENSE:
You may not:
1. modify, translate, create derivative works based on, or copy (except for the back-up copy) the Software or the accompanying documentation;
2. rent, transfer or grant any rights in the Software or accompanying documentation in any form to any person without the prior written consent of the Company.; or
3. remove any proprietary notices, labels, or marks on the Software and accompanying documentation. This License is not a sale. Title and copyrights to the Software, accompanying documentation and any copy made by you remain with the Company. Unauthorized copying of the Software or the accompanying documentation, or failure to comply with the above restrictions, will result in automatic termination of this License.
This Agreement is governed by the laws of the State of California, without regard to its conflict of laws provisions. The parties hereby expressly consent to the personal jurisdiction of any court other than State and Federal courts sitting in Santa Clara County, State of California, and waive jurisdiction of any other state and federal court, for any dispute arising from or relating to this Agreement. Both parties also waive all rights to a jury trial in any such dispute. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. This Agreement may not be amended except by a writing executed by both parties.
The Software is protected by copyright and other intellectual property laws and treaties, and is licensed and not sold. Subject to the License granted by this Agreement during its term, the Company retains all right, title and interest in and to the Software. You do not have the right to sell, rent, distribute, license, sub-license or assign any rights you may have under this Agreement. Any transfer or assignment of this Agreement in violation of this Section is void.
The Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. ?2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. ?12.212 or 48 C.F.R. ѶÑx227.7202, as applicable. Consistent with 48 C.F.R. Ñx12.212 or 48 C.F.R. Ñx227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
You may not use or otherwise export or reexport the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (i) into (or to a national or resident of) any U.S. embargoed countries, or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
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The company disclaims all express, implied or statutory warranties with respect to the software, including any warranties of quality, completeness, merchantability, fitness for particular purpose, and/or non-infringement. The software is provided "as is" and with all faults, and your use of the software is strictly at your own risk. In no event will the company be liable for any special, incidental, direct, indirect, exemplary or consequential damages or lost profits whatsoever arising or resulting from your use or misuse of the software, whether or not the company has been advised of the possibility of the same.
The software is not intended for use in the operation of nuclear facilities, military equipment or applications, aircraft navigation or communication systems, air traffic control systems, life support machines or any other equipment or applications in which the failure of the software could lead to death, personal injury, or severe physical or environmental damage.
You agree to indemnify, hold harmless, and defend the Company from and against all costs, liabilities (including attorney's fees), and expenses arising from or related to claims or allegations, that arise or result from your use or misuse of the Software, or violation of any of the terms of this Agreement.
This Agreement is effective upon your installation of the Software and shall continue until terminated as provided herein. Your rights under this Agreement will terminate automatically without notice from the Company if you fail to comply with any term(s) of this Agreement. Upon the termination of this Agreement, you shall cease all use of the Software and destroy all copies, full or partial, of the Software.
This Agreement is the entire agreement held between us and supersedes any other communications or advertising with respect to the Software and accompanying documentation. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
If this sounds heavy, please keep in mind that the software is commercial software and we want to keep improving it and that will be hard if someone copies it or sues us because our lawyers forgot to put something in the license agreement. Please contact us at contact@hyperwords.net if you have any questions or need clarifications.
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