End user license agreement
Carefully read the End User License Agreement (“EULA”) below before installing this software. By installing this software, you agree to abide by the terms of this agreement. If you do not agree to these terms, please do not install Lexibar™ (the “Product”) and request a refund if you purchased it.
1. GRANT OF LICENSE
HAYLEM grants you a license to use the Lexibar™ software (the "License"). The license granted is non-exclusive and non-transferable.
If your license is limited to a certain number of workstations, all computers and virtual machines must be counted as an individual workstation for the total count. Moving the software to another workstation is permitted and unlimited.
If you are a site license holder, you may not directly or indirectly:
(i) activate the Product on a workstation that does not belong to the domain of said site.
Except as expressly provided in this EULA, you may not directly or indirectly:
(i) transfer, assign, or sublicense your license rights to any other person or entity or use your software or permit it to be used for third. (You acknowledge that any attempted transfer, attribution, sublicense or use shall be void.)
(ii) attempt to decompile, decipher, disassemble, reverse engineer or attempt to reconstruct or discover any source code or underlying ideas, algorithms , file formats or programming or interoperability interfaces of the Product or otherwise reduce it to human readable language.
(iii) circumvent or provide a method to circumvent any technical protection measures (TPM) contained in the Product.
(iv) use the Product in any way that we have not expressly authorized in this EULA.
3. RESERVATION OF RIGHTS
You acknowledge that all intellectual property rights relating to the Product are the property of HAYLEM and that of its licensors. Rights in the Product are granted under license. You have no right or title to the Product, other than the limited right granted in this EULA. HAYLEM and its licensors retain title to all copies of the Product and reserve all rights not expressly granted in this EULA. The Product is protected by US, CAN and international patents, copyright or other laws and treaties.
4. DATA PROTECTION
HAYLEM takes the protection of your personal data very seriously and strictly observes the data protection laws that apply to it. HAYLEM collects, processes and uses your personal data for the establishment and processing of the contractual relationship with you. Your data is not shared with third-party advertisers without your prior consent. HAYLEM defines personal data as being your surname, first name, profession and email which may be requested from you for the use of the Product. Non-personal or anonymous data is automatically collected to improve Product functionality as part of the HAYLEM Product Improvement Program (PAP), in particular to facilitate and improve the performance of word prediction algorithms, the provision of software updates, support, content and other related services. You agree that non-personal or anonymous data collected may be sent to all HAYLEM offices or subsidiaries worldwide for processing purposes only.
HAYLEM defines non-personal data as any text written, selected and processed by the Product during its use. It is your right not to participate in the PAP program and prevent the collection of non-personal data by simply disabling this option in the Product.
5. CONTENT UPDATES, TPM
Synchronization or automatic updates with HAYLEM's servers are sometimes required to ensure optimal use of the (“Content”). Such content may be provided to you periodically in various formats. The Product may also contain TPMs such as a license key preventing unlimited copying or limiting the duration of use or functions based on the license you have purchased. You also agree to let the Product contact HAYLEM's servers automatically to receive content.
6. DURATION AND TERMINATION
Subscription licenses will automatically renew for an equivalent term after your subscription term expires unless you terminate before the expiration date of your subscription term. HAYLEM may increase the prices for subscription licenses at any time after notifying you by email at least 14 days in advance.
HAYLEM may immediately terminate all or part of this EULA and your right to use the Product and have recourse to other procedures if you breach any of your obligations. Upon termination, you must immediately cease using the Product, destroy all copies and components, or return such copies and components upon HAYLEM's request.
7. LIMITED WARRANTY OF PRODUCT PURCHASED ON A PHYSICAL MEDIA
HAYLEM warrants to its users that the physical media of the Product will be free from material defects for a period of one year from the date you received the Product. Any Product supplements or updates, including service packs and patches, provided to you are not covered by any warranty. They are provided “as is”. This warranty is intended specifically for you and cannot be transferred.
The above regulations do not affect any other rights given to you by law. Warranty claims are excluded if failure results from accident, abuse, misapplication, abnormal use, virus, or use after an upgrade has been available to you.
EXCEPT AS STATED ABOVE, THE PRODUCT IS PROVIDED "AS IS" TO THE USER. HAYLEM DOES NOT WARRANT THAT THE SPECIFICATIONS OR FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT SUCH DEFECTS IN THE PRODUCT WILL BE CORRECTED. HAYLEM DOES NOT WARRANT THAT THE PRODUCT WILL WORK WITH THIRD-PARTY SOFTWARE OR OTHER PRODUCTS. FURTHERMORE, HAYLEM DOES NOT WARRANT THAT THE PRODUCT OR SPECIAL VERSIONS WILL CONTINUE TO BE AVAILABLE THROUGH THIRD PARTY ONLINE STORES OR MARKETS OR FOR SPECIFIC DEVICES OR SYSTEMS MANUFACTURED BY THIRD PARTIES.
8. ENTIRE AGREEMENT
This EULA (including your Product documentation) is the entire agreement for the Product; it supersedes all prior or contemporaneous oral or written communications, proposals and statements with respect to the Product. This EULA prevails over any conflicting or additional terms of any purchase order, order document, acknowledgment, confirmation or other document issued by you, even if HAYLEM has signed it and returned it to you. or if such purchase order or other document issued by you states otherwise. To the extent that the terms of HAYLEM's Terms of Sale, Frequently Asked Questions (FAQs), practices or programs conflict with the terms of this EULA, the terms of this EULA prevail and control.
9. APPLICABLE LAW
This EULA is governed by Canadian law. You unconditionally and irrevocably consent to the exclusive jurisdiction of the courts of Montreal, Canada. The parties waive any and all objections, with respect to the above provisions, for the purposes of any action, suit or proceeding relating to this EULA.
(i) In the event that this EULA or any part thereof is found to be illegal, invalid or unenforceable, the parties will agree to a settlement which best conforms to the respective clause, legal, valid and enforceable.
(ii) Nothing in this EULA is expressly or by implication intended to infringe the legal rights of any other person or entity.
(iii) Titles are used for convenience only; they serve no other purpose and should not be interpreted.
All notifications must be made in writing to the following address: firstname.lastname@example.org
© 2022 HAYLEM Inc. All rights reserved.