End user agreement for WordClick.exe
NOTICE TO USER : PLEASE READ THIS END USER LICENSE AGREEMENT ("AGREEMENT") CAREFULLY. BY CLICKING "ACCEPT " BELOW, OR BY USING ALL OR ANY PORTION OF THE SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE.
1. LICENSE TO SOFTWARE
The WordClick search utility software ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. WordClick LLC (“ WordClick ”) grants you a personal, non-transferable and non-exclusive right and license to use the object code of the Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree that the Software may not be acquired, shipped, transported, exported, or re-exported (1) into (or to a national or resident of) any U.S. embargoed country or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. 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.
2. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WORDCLICK AND ITS CONTRACTORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. WORDCLICK AND ITS CONTRACTORS AND SERVICE PROVIDERS MAKES NO WARRANTY THAT (i) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SOFTWARE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WORDCLICK OR THROUGH OR FROM THE SOFTWARE SHALL CREATE ANY WARRANTY.
3. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WORDCLICK AND ITS CONTRACTORS AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WORDCLICK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SOFTWARE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SOFTWARE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SOFTWARE; OR (v) ANY OTHER MATTER RELATING TO THE SOFTWARE.
4. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 2 AND 3 MAY NOT APPLY TO YOU.
5. INDEMNIFICATION FOR BREACH
You shall indemnify and hold harmless WordClick and its contractors and service providers from any breach of this Agreement.
6. GOVERNING LAW
This Agreement will be governed by and construed in accordance with the laws of the State of Delaware, U.S.A., without regard to its choice of law principles to the contrary. You hereby irrevocably consent to the jurisdiction and venue of the federal, state and local courts located in Newark, Delaware, U.S.A., in connection with any action arising out of or in connection with this Agreement.
7. UNINSTALL INSTRUCTIONS
The Software may be uninstalled at any time via the Add-Remove Programs function of Windows.
8. INSTALLATION DISCLOSURE
By installing the Software you understand that a shortcut will be added to the host machine’s desktop and relevant host applications that the Software operates in conjunction with. These icons can be removed via the Software settings entitled “WordClick Settings” accessible via the button added to host applications or application tray or desktop icon.
You must be at least 14 years of age to use the Software. By accepting the terms of this Agreement and using the Software you represent that you are over the age of 14. This is the entire agreement between WordClick and you relating to the Software, and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software. If any part of this Agreement is held by a court to be illegal, invalid or unenforceable, it will not affect the validity of the balance of the Agreement, which will remain valid and enforceable according to its terms. This Agreement may only be modified by a writing signed by an authorized officer of WordClick. If you violate any term of this Agreement, WordClick may terminate this Agreement without waiving any other rights.
WordClick is a registered trademark of WordClick LLC. Microsoft and Windows are registered trademarks of Microsoft Corporation. All other company, product and brand names are trademarks of their respective owners.
Contact WordClick LLC834 N. Sycamore Avenue
Ls Angeles, CA 90038
For technical queries, write to firstname.lastname@example.org
For general enquiries, write to email@example.com