Terms
In consideration for your use of the software and any updates, customizations, and/or enhancements, entitled “Mad Words” provided by Mad Words (“Licensor”), you (“User” or “Licensee”) agree to the following terms and conditions.
1. License
Licensor hereby grants the User a non-exclusive, non-transferable license to use the Software for personal and commercial use on your WordPress website(s). Licensor reserves the right at any time, without liability or prior notice, to change the features or characteristics of the Software, this Agreement, or the Software’s documentation.
2. License Restrictions
- User acknowledges that the Software and its structure, organization, and source code constitute valuable trade secrets of Licensor. Accordingly, User agrees not to:
- Copy, perform, distribute, modify, adapt, alter, translate, or create derivative works from the Software.
- Merge the Software with other software.
- Sublicense, lease, rent, or loan the Software to any third party.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software.
- Otherwise use the Software except as expressly allowed in this Agreement.
- User shall comply with all applicable export and import control laws and regulations in its use of the Software.
- Licensor retains exclusive ownership of all worldwide copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, property rights, and all other industrial rights in the Software and documentation, including any derivative works, modifications, updates, or enhancements. All rights not expressly granted to User in this Agreement are reserved by Licensor.
- User shall not use the Software in any way that violates any local, state, federal, or international laws.
3. Warranty Disclaimer
THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FUNCTIONALITY OR BEING VIRUS-FREE. LICENSOR AND THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SOFTWARE SHALL BE DEEMED A WARRANTY.
4. Limitation of Liability
LICENSOR SHALL NOT BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, REVENUE OR SAVINGS, LOSS OF GOODWILL, OR LOSS OF USE OF ANY DATA, EVEN IF LICENSOR HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY THEREOF. UNDER NO CIRCUMSTANCES SHALL LICENSOR’S AGGREGATE CUMULATIVE LIABILITY EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY USER UNDER THIS AGREEMENT.
5. Indemnification
User shall defend, indemnify, and hold harmless Licensor, its officers, directors, contractors, agents, and employees, from any and all claims or causes of action arising out of the use of or related to the Software, and pay any and all damages and expenses, including but not limited to attorneys’ fees incurred by Licensor and/or third parties in connection therewith. Licensor reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by User.
6. Termination
This Agreement is effective unless terminated by Licensor at any time for any breach of this Agreement. User may terminate this Agreement at any time by destroying all copies of the Software in User’s possession and deleting the Software from User’s computer system and other storage media. This Agreement and User’s right to use the Software automatically terminate if User breaches this Agreement.
7. Legal Compliance
Licensor may suspend or terminate use of the Software and this Agreement immediately upon receipt of any notice which alleges that User has used the Software for any purpose that violates any local, state, federal, or international laws.
8. Miscellaneous
Either party may assign this Agreement to any successor in interest who purchases or through change in control owns greater than fifty percent of the assets or equity of such entity and agrees in writing to be bound by the terms and conditions herein; any other assignment shall be void. This Agreement and any dispute arising hereunder shall be construed in accordance with the laws of the State of California without regard to principles of conflict of laws. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement shall continue in full force and effect. This Agreement constitutes the entire agreement between the parties related to the subject matter hereof and supersedes any prior or contemporaneous agreement between the parties relating to the Software.
9. Contact Information
If you have any questions about this Agreement, please contact us at: