IMPORTANT – READ CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE WORDSUPERB SOFTWARE, INC. SOFTWARE (THE "SOFTWARE") FROM WORDSUPERB.COM
This End-User License Agreement ("EULA") is a binding legal agreement between you and Wordsuperb Software, Inc. ("Wordsuperb") for the Software being distributed with this EULA. As used in this EULA, the term "Software" shall include internet-based and other services provided by Wordsuperb, any systems, servers, devices, or other items related to Wordsuperb services, any browser extensions distributed by Wordsuperb, any website "widgets" distributed by Wordsuperb which integrate software functionality or limited portions thereof into user websites, and any patches, updates, modified versions, service packs, and upgrades which may be provided by Wordsuperb from time to time.
BY CLICKING ON THE "OK" BUTTON BELOW, BY INSTALLING, OR USING THE SOFTWARE OR ANY PORTION(S) THEREOF, YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ AND UNDERSTOOD THE TERMS OF THIS EULA AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS EULA. IF YOU SELECT "CANCEL," THE INSTALLATION PROCESS WILL NOT PROCEED. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THE SOFTWARE ON ANY DEVICE.
IF YOU ARE NOT THE END USER AND ARE INSTALLING THIS SOFTWARE ON ANY DEVICE ON BEHALF OF THE END USER, YOU WARRANT AND REPRESENT THAT YOU ARE AUTHORIZED TO ACT ON BEHALF OF THE END USER AND TO ACCEPT AND BIND THE END USER TO THE TERMS OF THIS EULA, AND YOU FURTHER AGREE THAT YOU (AND YOUR COMPANY, IF APPLICABLE) SHALL BE LEGALLY OBLIGATED TO FULLY INDEMNIFY, DEFEND AND HOLD HARMLESS WORDSUPERB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS, AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES TO YOU IN CONNECTION WITH THE SOFTWARE, FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND EXPENSE (INCLUDING ATTORNEYS’ FEES) ARISING FROM OR RELATED TO WORDSUPERB’S PROVISION OF THE SOFTWARE AND RELATED SERVICES.
LICENSE EXCLUSIONS AND RESTRICTIONS
The following exclusions and restrictions shall apply at all times to your use of the Software and/or the Services:
- You may not grant access to your account to any other person or entity.
- You may not make any use of the Software in whole or in part that is not expressly permitted by the terms of this EULA.
- You may not sell, assign, rent, lease, sublicense, distribute, market, commercialize, disclose, export, import, act as an intermediary or provider, or otherwise grant any rights to any third party with respect to the Software or any part thereof; You may act on behalf of a company to assign or install the Wordsuperb software for several users in the company only provided you have a written authorization from Wordsuperb Software.
- You may not undertake, cause, permit or authorize any modification of the Software or the creation of derivative works.
- You may not translate, reverse engineer, decompile, disassemble or hack the Software or any part thereof.
- You may not create, distribute or disseminate any obscene or scandalous work, as defined by any applicable law at the time the work is created, using the Software.
- You may not use any of the Software or the Services through an Android platform if you are under the age of 13.
- You may not use any of the Software or the Services in any manner that will or could damage, disable, overburden or impair the Services or that will or could interfere with any other party’s use and enjoyment of the Services.
- You may not attempt to gain unauthorized access to any service, account, computer systems or computer networks associated with the Services.
Wordsuperb reserves the right, in its sole discretion, at any time and without prior notice, to refuse access to the Services to any individual, company, network, institution or other entity in violation of the terms of this EULA, or to cease providing the Services in whole or in part.
AVAILABILITY OF SERVICES
Wordsuperb does not warrant that the Services will be available 24 hours per day, 7 days per week, nor does it warrant that the Services will be provided properly or completely. If your access to the Services is suspended or interrupted or a fault or defect occurs which prevents your access to the Services, Wordsuperb will attempt to restore access. Wordsuperb will have no liability to you for the unavailability of the Services at any time.
The Software and Services are designed to work with current standard software and operating systems listed on the Wordsuperb website. In the event you install or update to a different version of software or operating systems, there is no assurance that the Software or Services you purchased will work as intended (or at all) with such software or operating systems. In such case, Wordsuperb may provide you with an option to use an updated version of the Software and/or pay an additional fee in order to be able to use the Services with such software or operating systems. In any event, you are solely responsible for the compatibility of the Software and/or Services with any version of software and/or operating system you choose to use. Wordsuperb shall not be liable for any costs or expenses you incur as a result of such incompatibility.
SOFTWARE LICENSE RESTRICTIONS
The Software may be subject to territorial restrictions, import and export laws and regulations, and you agree to comply with all such laws and regulations. Additionally, you agree that you will not use the Software for any purposes prohibited by such laws and regulations. By way of example and not limitation, you may not download, install, or use the Software if you are located in or ordinarily resident in a country or region that is subject to comprehensive economic sanctions, or if you are a person or entity that is subject to comprehensive economic sanctions.
LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY
You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that applicable law expressly permits, despite this limitation. You must first request the information necessary to achieve interoperability of an independently created computer program with the Software. If such information is not available, and to the extent necessary to achieve such interoperability, you may reverse engineer the Software.
All title and copyrights in and to the Software and Services, the accompanying printed materials, and any copies of the Software, are owned by Wordsuperb or its suppliers. The Software and Services are protected by copyright laws and international treaty provisions. You may not copy the printed materials accompanying the Software.
The Software and Services may contain or use trademarks, service marks, trade names, and other intellectual property of Wordsuperb, and you may not use any of such trademarks, service marks, trade names, or other intellectual property without the express written permission of Wordsuperb.
CHARGES AND PAYMENTS
Wordsuperb reserves the right, in its sole discretion, at any time and without prior notice, to establish, change, and/or revise the prices and fees for all Services and any content and/or features offered through the Software. Unless otherwise stated in this EULA, all prices and fees are quoted and payable in US Dollars. Payment for the Software shall be made by credit card or PayPal, or as otherwise agreed upon by Wordsuperb, and shall be collected at the time of the Software’s installation or shortly thereafter. Payment for any additional services and/or features shall be made by credit card or PayPal, or as otherwise agreed upon by Wordsuperb, and shall be collected at the time of such services and/or features’ provision. You agree to pay all charges incurred by you and any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You also will be responsible for any taxes applicable to your purchase or use of the Services or Software, including but not limited to any sales tax, value-added tax, goods and services tax, or any other similar taxes imposed by any jurisdiction.
You may cancel your account at any time by sending an email to [email protected]. Upon cancellation, you will receive a confirmation email, and your account will be deactivated within a reasonable amount of time. Cancellation will be effective on the next billing date. You will not receive a refund for any unused portion of the current billing period.
Wordsuperb reserves the right to suspend or terminate your account and access to the Services at any time and for any reason, including, but not limited to, breach of this EULA or violation of the intellectual property rights of Wordsuperb or a third party, or for any other conduct that Wordsuperb believes is unlawful or harmful to other users of the Services, Wordsuperb, or its business interests.
THE SOFTWARE AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WORDSUPERB HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS, OR DUTIES OF EVERY NATURE WHATSOEVER (EXCEPT ANY DUTY OF GOOD FAITH), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, ANY IMPLIED WARRANTIES OF TITLE, OR ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WORDSUPERB DOES NOT WARRANT THAT THE SOFTWARE OR THE SERVICES WILL BE PROVIDED ERROR-FREE OR WITHOUT INTERRUPTION, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR SERVICES ARE FREE FROM BUGS OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WORDSUPERB OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY LOSS, COST, OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR SERVICES, OR FROM ERRORS OR DEFECTS IN THE SOFTWARE OR SERVICES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT, OR OTHERWISE, EVEN IF WORDSUPERB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WORDSUPERB’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE USE OF THE SOFTWARE AND SERVICES.
You agree to indemnify and hold harmless Wordsuperb, its officers, directors, employees, agents, licensors, and suppliers from and against any and all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting, whether directly or indirectly, from your violation of this EULA. Wordsuperb reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Wordsuperb in the defense of such matter.
This EULA and the relationship between you and Wordsuperb shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law principles.
Any dispute, controversy, or claim arising out of, relating to, or in connection with this EULA, the breach, termination, or invalidity thereof, shall be finally resolved by arbitration. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association then in effect and as modified by this EULA. The arbitration shall be conducted in [City, State], and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. This EULA may be specifically enforced by injunctive relief, in addition to any other remedies provided at law or in equity.
If you have any questions about this EULA or wish to request any further information, please contact [email protected].