AUTOSPELL GENERAL END USER LICENSE AGREEMENT REVISION 6.0 - JULY 2003
The AutoSpell software (the "Software") is provided to you, "AS IS," subject to the terms and conditions of this License Agreement (the "Agreement"). Please read this Agreement in full prior to using, installing, copying or duplicating this CompuBridge, Inc software product named AutoSpell ("Software").
By downloading or copying or installing or using the Software you implicitly agree to all terms and conditions as set out within this Agreement and terms of use set out below.
This Agreement applies to all versions of AutoSpell whether current or obsolete, supported or unsupported.
1. Limited License. Subject to the terms and conditions of this Agreement, CompuBridge, Inc grants you a limited, non-exclusive license to use the Software .
2. Restrictions on Use. You may not create or use any software other than the Software provided by CompuBridge, Inc, without the express written authorization of CompuBridge, Inc. You may not modify, reverse engineer, decompile or disassemble the Software. You may not adapt, alter, modify, translate, or create derivative works of the Software without the express written authorization of CompuBridge, Inc. You may not block, disable or otherwise affect features that constitute an integral part of the Software. You may not incorporate, integrate or otherwise include the Software or any portion thereof into any software, program or product . You further agree to abide by all laws and regulations in effect regarding your use of the Software and agree to indemnify CompuBridge, Inc, its officers, agents, employees and directors for any damages incurred as a result of a violation of this paragraph. Finally, you may not authorize or assist any third party to do any of the things described in this paragraph.
3. Additional Terms. You acknowledge that there may be features made available for a fee. If you choose to utilize such features, you agree to be bound by any additional terms and conditions governing the use of such features.
4. Your Representations. You represent and warrant that you have the adequate legal capacity to enter into this Agreement. You further represent and warrant that you will use the Software only for lawful purposes and in accordance with this Agreement, and that you will not use the Software to violate any law, regulation or ordinance or any right of CompuBridge, Inc or any third party, including, without limitation, any right of privacy, publicity, copyright or trademark.
5. Terms of Use and Privacy Policy. CompuBridge, Inc reserves the right to terminate your license to the Software without notice, if, in CompuBridge, Inc's sole discretion, there has been a violation of the CompuBridge, Inc Policies.
6. Termination. Should you breach this Agreement, your right to use the Software shall terminate immediately and without notice. You may also terminate this Agreement by simply discontinuing use of the Software. In the event of any termination of this Agreement, the restrictions on your use of the Software as set forth in Paragraph 2 ("Restrictions on Use") shall survive such termination, and you agree to be bound by those terms.
7. Disclaimer of Warranty. THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE SOFTWARE IS (A) FREE OF DEFECTS OR ERRORS, (B) VIRUS FREE, (C) ABLE TO MEET ANY REQUIREMENTS OF YOU OR ANYONE ELSE, (D) ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, (E) MERCHANTABLE, (F) FIT FOR A PARTICULAR PURPOSE OR (G) NON-INFRINGING, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. COMPUBRIDGE, INC SHALL HAVE NO LIABILITY WITH RESPECT TO USE OF THE SOFTWARE.
8. Limitation of Liability. NEITHER COMPUBRIDGE, INC, ITS EMPLOYEES, DISTRIBUTORS, SUPPLIERS, DIRECTORS, NOR AGENTS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND LOST DATA, IN ANY WAY ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IN THE EVENT SUCH PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, COMPUBRIDGE, INC'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
9. No Trademark License. No license is granted to you in this Agreement, either expressly or implicitly, to use any trademark, service mark, names, or logos of CompuBridge, Inc. CompuBridge, Inc owns all intellectual property in the Software and the proprietary CompuBridge, Inc name space database, including but not limited to CompuBridge, Inc components and algorithms.
10. Injunctive Relief. You acknowledge that the Software contains CompuBridge, Inc's proprietary and confidential information, and that disclosure of such information or misuse of the Software will give rise to irreparable injury to CompuBridge, Inc, inadequately compensable in damages. Accordingly, CompuBridge, Inc may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available.
11. Construction. If any part of the Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties' original intent, and the remaining portions remain in full force and effect. The laws of the Commonwealth of Florida, excluding its conflicts-of-law rules, govern this Agreement, and you expressly agree that jurisdiction for any claim or dispute arising from the use of the Software resides in the federal and state courts of the Commonwealth of Florida.
