End user agreement for iSpellWell
License Agreement & Warranty Disclaimer
BY CLICKING ON THE "YES" BUTTON, OPENING THE PACKAGE OR USING THIS
SOFTWARE YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO
NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "NO" BUTTON
AND THE INSTALLATION PROCESS WILL NOT CONTINUE, STOP USING THIS SOFTWARE,
AND RETURN THE PRODUCT TO VOELKER SOFTWARE.
This Agreement has 3 parts. Part I applies if you have not obtained a license by registering the
accompanying software (the "Software"). Part II applies if you have obtained a license by
registering the Software. Part III applies to all license grants. If you wish to obtain a license
complete the registration form provided with the software. Voelker Software and James M.
Voelker are referred to herein as "Voelker Software".
PART I -- TERMS APPLICABLE WHEN LICENSE NOT (YET) OBTAINED BY PURCHASING
(LIMITED TO 60 DAY EVALUATION USE)
GRANT. Voelker Software grants you a non-exclusive license to use the Software without
purchasing for the limited purpose of evaluating whether to obtain an ongoing license by
purchasing the Software. This evaluation period is limited to 60 days. You may not use this
software after the 60 day trial period without purchasing. You may purchase iSpellWell online at
http://www.ispellwell.com. Contact us by email at: email@example.com.
PART II -- TERMS APPLICABLE WHEN LICENSE OBTAINED BY REGISTERING
GRANT. Subject to registration described in Part I, Voelker Software grants to you a non-
exclusive license to use the Software and accompanying documentation ("Documentation"), if
any, in the manner described in Part III below under "Scope of Grant."
PART III -- TERMS APPLICABLE TO ALL LICENSE GRANTS
SCOPE OF GRANT. You may: use the Software on any single computer; use the Software on a
network, provided that each person accessing the Software through the network must have a
copy licensed to that person; use the Software on a second computer so long as only one copy is
used at a time; or copy the Software for archival purposes. You may copy the Trial Version of
iSpellWell "SETUP.EXE" without modification for distribution to others provided no charge or fee
is assessed for such copy and provided the software is labeled " iSpellWell Copyright 2000
James M. Voelker"
You may not: permit other individuals to use the Software except under the terms listed above;
permit concurrent use of the Software; modify, translate, reverse engineer, decompile,
disassemble (except to the extent applicable laws specifically prohibit such restriction), or create
derivative works based on the Software; copy the Software other than as specified above; rent,
lease, grant a security interest in, or otherwise transfer rights to the Software; or remove any
proprietary notices or labels on the Software.
TITLE. Title, ownership rights, and intellectual property rights in the Software shall remain in
Voelker Software. The Software is protected by the copyright laws and treaties. Title and related
rights in the content accessed through the Software is the property of the applicable content
owner and may be protected by applicable law. This License gives you no rights to such content.
TERMINATION. The license will terminate automatically if you fail to comply with the limitations
described herein. Voelker Software reserves the right to terminate your license to the Software at
any time for any reason. On termination, you must destroy all copies of the Software.
EXPORT CONTROLS. None of the Software or underlying information or technology may be
downloaded or otherwise exported or re-exported (i.) into (or to a national or resident of) Cuba,
Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has
embargoed goods; or (ii.) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By
downloading or using the Software, you are agreeing to the foregoing and you are representing
and warranting that you are not located in, under the control of, or a national or resident of any
such country or on any such list.
LIMITED MEDIA WARRANTY AND DISCLAIMER OF WARRANTY. Voelker Software warrants
that, for a period of thirty (30) days from the date of receipt by Licensee, the media (diskette or
CD-ROM), if any, on which the Software is furnished shall be free from defects in materials and
workmanship under normal use. THE SOLE RESPONSIBILITY AND LIABILITY OF VOELKER
SOFTWARE, AND LICENSEE'S EXCLUSIVE REMEDY UNDER THIS LIMITED WARRANTY
WILL BE REPLACEMENT OF THE DEFECTIVE MEDIA.
DISCLAIMER OF WARRANTIES. Except for the express limited media warranty stated above,
Licensee expressly acknowledges and agrees that use of the Software is at Licensees sole risk.
THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND.
VOELKER SOFTWARE AND ITS LICENSORS MAKE NO WARRANTIES OR CONDITIONS,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT, REGARDING THE SOFTWARE. NEITHER VOELKER SOFTWARE
NOR ITS LICENSORS OR SUPPLIERS WARRANT, GUARANTEE OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR
CURRENTNESS OR THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE RESULTS AND
PERFORMANCE OF THE SOFTWARE IS ASSUMED BY LICENSEE, INCLUDING WITHOUT
LIMITATION ANY RISK OF THE INTRODUCTION OF COMPUTER VIRUSES AND ANY RISK
ARISING OUT OF ANY CONTENT TRANSMITTED OR RECEIVED IN CONNECTION WITH
THE USE OF THE SOFTWARE. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT
PERMITTED BY SOME STATES OR OTHER JURISDICTIONS AND THEREFORE THE ABOVE
EXCLUSION MAY NOT APPLY TO LICENSEE. THIS WARRANTY GIVES LICENSEE
SPECIFIC RIGHTS AND LICENSEE MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY
FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL VOELKER SOFTWARE OR ITS
SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL VOELKER SOFTWARE BE
LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT VOELKER SOFTWARE
RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF VOELKER
SOFTWARE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR
FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT
APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE
LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
INDEMNIFICATION. Licensee agrees to indemnify and hold harmless Voelker Software from any
claims made arising from your use of the Software including but not limited to attorneys fees,
economic and non-economic damages.
MISCELLANEOUS. This Agreement represents the complete agreement concerning this license
and may amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY
PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR
ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE
ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be
reformed only to the extent necessary to make it enforceable. This Agreement shall be governed
by Illinois law (except for conflict of law provisions). The application the United Nations
Convention of Contracts for the International Sale of Goods is expressly excluded.
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the Government
is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-
Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the
Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-
7015, or to Voelker Software's standard commercial license, as applicable, and in similar clauses
in the NASA FAR Supplement. Contractor/manufacturer is James M. Voelker, 6888 N. Fox Point
Dr., Peoria, IL 61614.
Microsoft and the Microsoft Agent Logo are trademarks or registered trademarks of Microsoft
Corporation in the United States and/or other countries. All use of Microsoft agent is subject to the
Microsoft Agent End-User License Agreement for Microsoft software. More information about
Microsoft agent can be found at http://www.microsoft.com/msagent