End user agreement for Language Identifier
GRANT OF LICENSE. Lextek International grants you a non-exclusive license to use the Software free of charge for non-commercial purposes for an indefinite period of time.
DISTRIBUTION. You may duplicate and distribute exact copies of the Lextek Language Identifier to anyone via electronic means, including any BBS, online service or computer network. The Software must be distributed in its original, unmodified state, and all copyright and trademark notices must be kept intact.
You may distribute the Software with any other product(s), commercial or otherwise, including but not limited to software, hardware, books, compilation CD's, or the like, provided that the Software is distributed in its original, unmodified state. Lextek International request a copy of any product which contains the Software.
COMMERCIAL USE. Use of the Lextek Language Identifier in an ongoing commercial environment without first registering it is strictly prohibited. Use of the Language Identifier for evaluation purposes in a commercial environment is acceptable however.
COPYRIGHT AND OWNERSHIP. Lextek Language Identifier is copyright 2001 Lextek International or its suppliers.All rights reserved.
The Software is owned by, and its structure, organization, and code are the valuable trade secrets of, Lextek International or its suppliers. The Software is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material (e.g., a book or musical recording).
You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.
TITLE. This Agreement is not a sale of the original Software or any copy, nor does it grant you any intellectual property rights in the Software. Title, ownership rights, intellectual property rights and copyrights to the Software, including online and any printed documentation, the original Software and any backup copy made by you remain with Lextek International or its suppliers.
TERMINATION. Unauthorized copying of the Software or documentation, or failure to comply with any of the terms, restrictions or limitations herein will result in automatic termination of this license and will make available to Lextek International other legal remedies.
EXPORT RESTRICTIONS. None of the Software or underlying information or technology may be downloaded or otherwise exported, or reexported (1) 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 (2) to anyone on the U.S. Treasury Department's list of Specially Designated nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or installing and using this Software, you are agreeing to these restrictions 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.
DISCLAIMER AND WARRANTY. LEXTEK INTERNATIONAL MAKES NO REPRESENTATIONS ABOUT THE SUITABLITY OF THIS SOFTWARE FOR ANY PURPOSE. USE AT YOUR OWN RISK. THE SOFTWARE IS PROVIDED FREE OF CHARGE ON AN 'AS IS' BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO PORTIONS OF THIS DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
Lextek International can not and does not warrant that the operation of the Software will be uninterrupted, error free or secure. The security mechanisms within the software have inherent limitations. You alone must determine that the Software sufficiently meets your needs.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WHATSOEVER SHALL LEXTEK INTERNATIONAL, ITS SUPPLIERS, OR RESELLERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER PECUNIARY LOSS), ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE, EVEN IF THE COMPANY OR ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ANY EVENT, LEXTEK INTERNATIONAL'S MAXIMUM LIABILITY FOR ANY REASON WILL BE ONE ($1) US DOLLAR.
LICENSES AND TRADEMARKS. Lextek Language Identifier is a registered trademark of Lextek International. Windows is a registered trademark of Microsoft Corporation. All other trademarks, registered trademarks or products are the property of their respective holders.
Mention of third-party products is for informational purposes only and constitutes neither an endorsement nor a recommendation. Lextek International assumes no responsibility with respect to the performance or use of these products.
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of CFR 52.227-19 (a) through (d), as applicable. Contractor/Manufacturer is Lextek International, 1051 E. Fir Ave, Provo, UT 84604.
GOVERNING LAW. This Agreement will be governed by the Laws of the State of Utah, and as applicable, by U.S. Federal Laws. Legal venue will be in Utah County, New Mexico. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
ENTIRE AGREEMENT. This Agreement is the entire agreement between us and supersedes any verbal or other communications or advertising with respect to the Software and/or documentation. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.