Signature Speech Wizard Single-User License
Last updated: December 12, 2014
LIMITED NON-EXCLUSIVE SOFTWARE LICENSE
This license agreement ("License") governs the use of Signature Speech Wizard created and solely owned by Jim Edwards and Felicia Slattery (the "Software"). If an individual ("you") downloads, installs, or otherwise uses the Software, you accept the terms of this License. If you do not accept these terms, you may not download, install or use the Software, and you must uninstall and permanently delete any copies you have made of the Software.
- The "Company" is Jim Edwards and Felicia Slattery.
- The term "Software" means the Signature Speech Wizard Software and all outputs resulting from Software offered through http://SignatureSpeechWizard.com.
- The "User" is any user of the Software or a Software Work.
- "Software Work" means any derivative work based upon the Software.
- The terms "reproduce," "reproduction," "derivative works," "distribute," and "distribution" have the same meaning here as under United States Copyright Act of 1976, as amended.
- You, the Users and the Company may be referred to in this License individually as a "party" and collectively as the "parties."
2. Grant of Rights
Subject to the terms of this License, the Company hereby grants you a personal, non-transferable, revocable, non-exclusive, non-sublicensable limited license to (i) download, and input information into Software for individual professional promotional purposes, and (ii) create Software Works and Outputs for your individual professional promotional purposes.
All rights not expressly granted in this License are reserved by the Company and no licenses are granted by implication or estoppel.
3. Conditions and Limitations
Ownership – This License does not grant you any rights to the Company's name, logo, or trademarks. You DO NOT have the right under this License to create and distribute Software Works derived from this Software to third parties for free or for a fee. You own the Software Works you create for yourself only, but the Company retains all ownership, title and interest in the Software. Use of any Software Work is subject to the restrictions contained in this License. All rights not expressly granted in this License are reserved by the Company and no licenses are granted by implication or estoppel.
Distribution - If you distribute a Software Work, you must, in connection with such distribution, (i) retain all copyright, trademark, and attribution notices that are present in the Software, any Software Work and any associated files, and (ii) require that all Users agree to be bound by the terms of this License with respect to such Software Work prior to using, downloading or installing any Software Work. You DO NOT have the right to share, distribute, lend, give, or sell the Software or your access to the Software.
Applicable Law – You and all Users shall use the Software and any Software Work in compliance with all applicable laws, notices, rules and regulations, including, without limitation, all laws, notices, rules and regulations relating to the import and export of software, graphics, and technical data. The Software and any related documentation are "commercial items," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire such products with only those rights expressly set forth in this Agreement.
The Company may terminate this License in its discretion at any time upon notice to you or by placing a notice of termination on the Company's website. Upon such termination, all rights and licenses granted to you and any Users under this License will terminate and you must uninstall and/or destroy any copies of the Software. The terms of Section 3 (Use Limitations), Section 4 (Termination), Section 5 (Disclaimers), Section 6 (Limitation of Liability), Section 7 (Indemnification) and Section 8 (Miscellaneous) will survive such termination.
THE SOFTWARE IS MADE AVAILABLE "AS IS" AND WITH ALL FAULTS. THE COMPANY HEREBY EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES OF ANY KIND WHATSOEVER RELATING TO THE SOFTWARE AND ANY SOFTWARE WORK. WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, THE COMPANY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SOFTWARE WORKS ARE PROVIDED TO YOU AND ANY USERS "AS IS", WITH NO OTHER WARRANTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF THE TRADE. FURTHER, THE COMPANY DOES NOT WARRANT THAT EITHER THE SOFTWARE OR SOFTWARE WORKS WILL BE ERROR-FREE, COMPLETELY SECURE, OR BE PROVIDED (OR BE AVAILABLE) WITHOUT INTERRUPTION. You may have additional consumer rights under your local laws which this License cannot change. The above disclaimer is made to the extent permitted by applicable law.
The Company provides technical support for the Software limited to assisting the User to access purchased Software and bonus items. Without limiting the above disclaimer, it is your responsibility and the responsibility of the User to ensure that the installation of a Software and/or any Software Work will not overwrite or damage the current or pre-existing materials or systems of the User.
6. Limitation of Liability
IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR LOSS OR DAMAGE OF LOST PROFITS OR REVENUES OR LOST DATA OR SIMILAR ECONOMIC LOSS OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, COST OF SUBSTITUTE GOODS OR SERVICES, INDIRECT OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF THIS LICENSE OR FOR ANY CLAIM MADE BY A USER OR OTHER THIRD PARTY, EVEN IF THE COMPANY HAS BEEN ADVISED OF SUCH CLAIM. THE SOFTWARE AND THE RIGHT TO CREATE AND DISTRIBUTE SOFTWARE WORKS ARE BEING PROVIDED BY THE COMPANY FOR A ONE-TIME ONLY CHARGE. IN NO EVENT WILL THE COMPANY'S TOTAL, AGGREGATE LIABILITY TO LICENSEE OR ANY USER ARISING FROM OR RELATED TO THIS LICENSE (INCLUDING FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, WARRANTY, MISREPRESENTATION, AND OTHER CONTRACT OR TORT CLAIMS) EXCEED $500.00.
Users shall defend, indemnify, and hold harmless the Company, its affiliates, and its and their officers, directors, employees, and agents from and against any and all costs, damages, and liabilities (including reasonable attorneys' fees) related to any claims, actions, suits or proceedings arising from or related to your (i) exercise of the license granted in Section 1, (ii) your use of the Software and/or any Software Work, or (iii) the use of the Software or any Software Work distributed by you.
The formation, interpretation, and performance of this License and any disputes arising out of it shall be governed by the substantive and procedural laws of the state of Virginia without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States of America. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Virginia, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this License. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this License. You acknowledge and agree that any breach or threatened breach of this License would cause the Company irreparable damage for which the recovery of money damages would be inadequate and that the Company may therefore obtain timely injunctive relief in any court of competent jurisdiction to protect its rights under this License in addition to any other legal remedies the Company may have.
If any provision of this License is held to be illegal or unenforceable for any reason, then such provision shall be deemed to be restated so as to be enforceable to the maximum extent permissible under law; the remainder of this License shall remain in full force and effect. A waiver by either party of any term or condition of this License, or of any breach of this License, will not waive such term or condition or subsequent breach. This License may be amended at any time by the Company. You should check the Company's website from time to time to make sure you have the latest version of this license. You may not assign or otherwise transfer this License and any assignment in violation of this License will be void. This License shall be binding upon and inure to the benefit of the parties' successors and permitted assigns and represents the party's entire understanding regarding the Software and any Software Work. The parties are independent contractors for all purposes under this License. This License constitutes the parties' complete agreement regarding the Software and Software Works, superseding any prior oral or written communications, representations or agreements.