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By downloading software from Wordsite,
you agree to be bound by the terms of this agreement.
End-User License Agreement for
Wordsite Software
IMPORTANT- READ CAREFULLY: This
End-User License Agreement (''EULA'') is a legal agreement
between you and Coan and Company Inc. for software downloaded
from Wordsite, which include(s) computer software and may
include "online" or electronic documentation, associated
media, and printed materials (''SOFTWARE PRODUCT''). By downloading,
installing, copying, or otherwise using the SOFTWARE PRODUCT
or any UPDATES (as defined below), you agree to be bound by
the terms of this EULA. If you do not agree to the terms of
this EULA, do not download, install, copy, or otherwise use
the SOFTWARE PRODUCT. In addition, by installing, copying,
or otherwise using any updates or other components of the
SOFTWARE PRODUCT that you receive separately as part of the
SOFTWARE PRODUCT (''UPDATES''), you agree to be bound by any
additional license terms that accompany such UPDATES. If you
do not agree to the additional license terms that accompany
such UPDATES, you may not download install, copy, or otherwise
use such UPDATES.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected
by copyright laws and international copyright treaties, as
well as other intellectual property laws and treaties. The
SOFTWARE PRODUCT is licensed, not sold. NOTE: The terms of
a printed, paper EULA which may accompany the SOFTWARE PRODUCT
supersede the terms of any on-screen EULA found within the
SOFTWARE PRODUCT.
1. LICENSE TO USE SOFTWARE PRODUCT
1.1 General License Grant. Coan
and Company grants to you a personal, nonexclusive license
to make and use copies of the SOFTWARE PRODUCT on an unlimited
number of computers provided that you are the only individual
using the SOFTWARE PRODUCT.
1.2 Multi-User License. If this software was licensed to multiple
users within your organization, the general license grant
in Section 1.1 is extended to other individuals within your
organization up to the maximum number of individuals covered
by the license. For example, if this software was licensed
to 10 users within your organization, your organization may
make and use copies of the SOFTWARE PRODUCT according to the
terms of Section 1.1 provided that no more than 10 individuals
use the SOFTWARE PRODUCT.
1.3 Documentation. This EULA grants you a personal, nonexclusive
license to make and use an unlimited number of copies of any
documentation, provided that such copies shall be used only
for personal purposes and are not to be republished or distributed
(either in hard copy or electronic form) beyond the user's
premises.
1.4 Storage/Network Use. You may also store or install a copy
of the SOFTWARE PRODUCT on a storage device, such as a network
server, used only to install or run the SOFTWARE PRODUCT on
computers used by a licensed end user in accordance with Sections
1.1 and 1.2. A single license for the SOFTWARE PRODUCT may
not be otherwise shared or used concurrently by other end
users.
2. DESCRIPTION
OF OTHER RIGHTS AND LIMITATIONS
2.1 Not For Resale Software. If
the SOFTWARE PRODUCT is labeled "Not For Resale"
or "NFR," then you may not resell, or otherwise
transfer for value, the SOFTWARE PRODUCT.
2.2 Limitations on Reverse Engineering, Decompilation, and
Disassembly. You may not reverse engineer, decompile, or disassemble
the SOFTWARE PRODUCT, except and only to the extent that such
activity is expressly permitted by applicable law notwithstanding
this limitation.
2.3 Rental. You may not rent, lease or lend the SOFTWARE PRODUCT.
2.4 Trademarks. This EULA does not grant you any rights in
connection with any trademarks or service marks of Coan and
Company.
2.5 Support Services. Coan and Company may provide you with
support services related to the SOFTWARE PRODUCT ("Support
Services"). Any supplemental software code provided to
you as part of the Support Services shall be considered part
of the SOFTWARE PRODUCT and subject to the terms and conditions
of this EULA. With respect to technical information you provide
to Coan and Company as part of the Support Services, Coan
and Company may use such information for its business purposes,
including for product support and development. Coan and Company
will not utilize such technical information in a form that
personally identifies you.
2.6 Software Transfer. The initial user of the SOFTWARE PRODUCT
may make a one-time permanent transfer of this EULA and SOFTWARE
PRODUCT only directly to an end user. This transfer must include
all of the SOFTWARE PRODUCT (including all component parts,
the media and printed materials, any upgrades, this EULA,
and, if applicable, the Certificate of Authenticity). Such
transfer may not be by way of consignment or any other indirect
transfer. The transferee of such one-time transfer must agree
to comply with the terms of this EULA, including the obligation
not to further transfer this EULA and SOFTWARE PRODUCT.
2.7 Separation of Components. The SOFTWARE PRODUCT is licensed
as a single product. Its component parts may not be separated
for use by more than one user.
2.8 Termination. Without prejudice to any other rights, Coan
and Company may terminate this EULA if you fail to comply
with the terms and conditions of this EULA. In such event,
you must destroy all copies of the SOFTWARE PRODUCT and all
of its component parts.
3. UPGRADES
If the SOFTWARE PRODUCT is labeled
as an upgrade, you must be properly licensed to use a product
identified by Coan and Company as being eligible for the upgrade
in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled
as an upgrade replaces and/or supplements the product that
formed the basis for your eligibility for the upgrade. You
may use the resulting upgraded product only in accordance
with the terms of this EULA. If the SOFTWARE PRODUCT is an
upgrade of a component of a package of software programs that
you licensed as a single product, the SOFTWARE PRODUCT may
be used and transferred only as part of that single product
package and may not be separated for use on more than one
computer.
4. COPYRIGHT
All title and intellectual property
rights in and to the SOFTWARE PRODUCT (including but not limited
to any images, photographs, animations, video, audio, music,
text, and "applets" incorporated into the SOFTWARE
PRODUCT), the accompanying printed materials, and any copies
of the SOFTWARE PRODUCT are owned by Coan and Company or its
suppliers. All title and intellectual property rights in and
to the content which may be accessed through use of the SOFTWARE
PRODUCT is the property of the respective content owner and
may be protected by applicable copyright or other intellectual
property laws and treaties. This EULA grants you no rights
to use such content. All rights not expressly granted are
reserved by Coan and Company.
5. U.S.
GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE PRODUCT and documentation
are provided with RESTRICTED RIGHTS. Use, duplication, or
disclosure by the Government is subject to restrictions as
set forth in subparagraph (c)(1)(ii) of the Rights in Technical
Data and Computer Software clause at DFARS 252.227-7013 or
subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted
Rights at 58 CFR 52.227-19, as applicable.
Manufacturer is Coan and Company Corporation/W8576 Pheasant Run/Hortonville,
WI 54944.
6. EXPORT RESTRICTIONS
You agree that you will not export
or re-export the SOFTWARE PRODUCT, any part thereof, or any
process or service that is the direct product of the SOFTWARE
PRODUCT (the foregoing collectively referred to as the "Restricted
Components"), to any country, person, entity or end user
subject to U.S. export restrictions. You specifically agree
not to export or re-export any of the Restricted Components
(i) to any country to which the U.S. has embargoed or restricted
the export of goods or services, which currently include,
but are not necessarily limited to Cuba, Iran, Iraq, Libya,
North Korea, Sudan and Syria, or to any national of any such
country, wherever located, who intends to transmit or transport
the Restricted Components back to such country; (ii) to any
end user who you know or have reason to know will utilize
the Restricted Components in the design, development or production
of nuclear, chemical or biological weapons; or (iii) to any
end-user who has been prohibited from participating in U.S.
export transactions by any federal agency of the U.S. government.
You warrant and represent that neither the BXA nor any other
U.S. federal agency has suspended, revoked or denied your
export privileges.
7. MISCELLANEOUS
If you acquired this product in
the United States, this EULA is governed by the laws of the
State of Wisconsin. If this product was acquired outside the
United States, then local law may apply.
8. NO WARRANTIES EXPRESSED OR
IMPLIED
TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, COAN AND COMPANY AND ITS SUPPLIERS DISCLAIM
ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT,
AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU
MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
9. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT SHALL COAN AND COMPANY OR ITS
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT,
OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE
PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF
COAN AND COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN ANY CASE, COAN AND COMPANY'S ENTIRE LIABILITY
UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER
OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT
OR U.S.$5.00. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
If you have questions regarding
this EULA, please feel free to contact us by telephone at
920/779-9148, via email at info@wordsite.com, or via postal
mail at:
Coan and Company, Inc.
W8576 Pheasant Run
Hortonville WI 54944
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