Textic Talklets End user license agreement

END USER LICENCE AGREEMENT FOR TEXTIC TALKLETS LAUNCH BAR

IMPORTANT-READ CAREFULLY: This End-User Licence Agreement (EULA), is a legal agreement between you (either an individual person or a single legal entity) and the Licensor for the Textic software product that displays this EULA, which includes any associated media and Textic Internet related services (the Software). For the purposes of this EULA, the term “Licensor” refers to Textic Limited.

YOU AGREE TO BE BOUND BY THER TERMS OF THIS EULA BY INSTALLING, COPYING, OR USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A REFUND IF APPLICABLE.

1. GRANT OF LICENCE-

Provided you comply with all the terms and conditions of this EULA, this EULA grants you the following rights:

1.1 Installation and use. You may freely install and use a copy of this Software and freely redistribute it to other potential users. Installation of the Textic Talklets Launch Bar (an Internet Explorer Toolbar) facilitates access to the Talklets on-line service, use of which in most instances requires you to have set up an account at www.talklets.com. For some users this account is free, for others the establishment and operation of the account requires payment, as described and payable at www.talklets.com.

1.2 Licence Grant for Media Elements. The Software may include certain animations, shapes, sounds, music and video clips that are identified in the Software for your use (together “ Media Elements”.) You may not copy and modify the Media Elements, and licence, display, and distribute them, along with your modifications as part of your software products and services, including your web sites, and further you are not licensed to do any of the following:

• You may not sell, licence or distribute copies of the Media Elements by themselves or as part of any collection, product or service if the primary value of the product or service is in the Media Elements.
• You may not grant customers of your product or service any rights to licence or distribute the Media Elements.
• You may not licence or distribute any of the Media Elements that include representations of identifiable individuals ,governments, logos, initials, emblems, trademarks, or entities for any commercial purposes or to express or imply any endorsements or association with any product, service, entity or activity.
• You may not create obscene or scandalous works, as defined by criminal law at the time the work is created, using the Media Elements.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

You may not use any of the Software or the Textic internet based services associated with the software in any manner that could damage, disable, overburden, or impair such services or interfere with any other party’s use and enjoyment of them or that abuses our `Fair use` policy. You may not attempt to gain unauthorised access to any service, account, computer systems or networks associated with the Internet-based services.

3. RESERVATION OF RIGHTS AND OWNERSHIP

The Licensor reserves all rights not expressly granted to you in this EULA. The Software and associated services is protected by copyright and other intellectual property laws and treaties. The Licensor or its suppliers own the title copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. This EULA does not grant you any rights to trademarks or service marks of the Licensor.

4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.

You may not reverse engineer, decompile or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

5. NO RENTAL/COMMERCIAL HOSTING.

You may not rent, lease, lend or provide commercial hosting services with the software.

6. CONSENT TO USE OF DATA

You agree that the Licensor and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. The Licensor is providing these links and access to third-party sites and services to you only as a convenience and the inclusion of any link or access does not imply an endorsement by the Licensor of the third-party site or service.

7. LINKS TO THIRD PARTY SITES

The Licensor is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates, to third-party sites or services. The Licensor is providing these links and access to third-party sites and services to you only as a convenience, and the inclusion of any link or access does not imply an endorsement by the Licensor of the third-party site or service.

8. ADDITIONAL SOFTWARE/SERVICES

This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that the Licensor may provide to you or make available to you after the date you obtain your initial copy of the Software, unless accompanied by separate terms. The Licensor reserves the right to discontinue Internet-based services to you or made available to you through the use of the Software.

9. EXPORT RESTRICTIONS

You acknowledge that the Software is subject to UK export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, as well as end-user, end use and destination restrictions issued by the UK and other governments.

10. TERMINATION

Without prejudice to any other rights, the Licensor 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 and all of its component parts.

11. LIMITED WARRANTY

For Software licensed from Textic Limited, Textic warrants that the Software will perform substantially in accordance with the accompanying materials for a period of ninety days from the date of receipt

Any supplements or updates to the Software, including without limitation any (if any) service packs or hot fixes provided to you after the expiration of the ninety day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.

LIMITATION ON REMEDIES;NO CONSEQUNETIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Textic, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet Textic’s Limited Warranty and , to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 13 below (“Exclusion of Incidental, Consequential and Certain Other Damages”) are also incorporated into this Limited Warranty. This Limited Warranty gives you specific legal rights.

YOUR EXCLUSIVE REMEDY. Textic’s and its suppliers’ entire liability and your exclusive remedy shall be, at Textic’s option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to Textic with a copy of your invoice/receipt. You will received the remedy elected by Textic without charge, except that you are responsible for any expenses you may incur (eg cost of delivery). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

12. DISCLAIMER OF WARRANTIES

The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties ( if any) created by any documentation or packaging , except for the Limited Warranty and to the Maximum Extent permitted by applicable law, Textic and its suppliers provide the software and support services (if any) as is and with all faults, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including but not limited to any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses or results of workmanlike effort , of lack of viruses and lack of negligence, all with regard to the software and the provision of or failure to provide support services. Also there is no warranty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement with regard to the Software.

13. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.

To the maximum extent permitted by applicable law, in no event shall Textic or its suppliers be liable for any special, incidental, indirect or consequential damages whatsoever (including, but not limited to damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the software, the provision of or failure to provide support services, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Textic or any other supplier, and even if Textic or any other supplier has been advised of the possibility of such damages.

14. LIMITATION OF LIABILITY AND REMEDIES

Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages) the entire liability of Textic and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing ( except for any remedy of repair or replacement elected by Textic with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by you for the software or GBP £5.00. The foregoing limitations, exclusions and disclaimers (including sections 11, 12 and 13 above) shall apply to the maximum extent permitted by law, even if any remedy fails its essential purpose.

15. APPLICABLE LAW

If you acquired this Software in the United Kingdom, this EULA is governed by the laws of the United Kingdom. If you acquired this Software elsewhere then the local law applies.

16. ENTIRE AGREEMENT; SEVERABILITY

This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and Textic Limited relating to the Software and the support services (if any), and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Textic policies or programs for support services conflict with the terms of this EULA, the terms of the EULA shall prevail. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

Textic Limited. Company Number 52258819
Registered Office Kidwells Park House, Kidwells Park Drive, Maidenhead, SL6 8AQ
Tele No-01628 407360 www.textic.com e-mail support@textic.com