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Privacy Policy

Word Magic Software Privacy Statement

(Last Updated: September 20, 2004)

At Word Magic Software, we are committed to protecting your privacy. This privacy statement explains data collection and use practices of the Word Magic Software site; it does not apply to other online or offline Word Magic Software sites, products or services. Please read this statement in full. By using this site, you consent to the data practices described in this statement.

Collection of Personal Information

We will collect personal information if you choose to register to use the site. The personal information we collect includes, for example, name, job function, company name, address, country, phone, e-mail, and fax number.

We collect certain information about your computer hardware and software. This information may include: your IP address, browser type, operating system, domain name, access times, and referring Web site addresses. We also collect certain information about which pages our customers visit within the Word Magic site. This site visitation data is identified only by a unique ID number, and it is not linked with your personal information. This information is used for the operation of the online services and products provided, to maintain quality of the service, and to control the use of the online services.

Use of Your Personal Information

We use your personal information for the following purposes:

• To make the site easier for you to use by not making you enter your personal information more than once.
• To contact you regarding any questions about our online products.
• To alert you to product upgrades, special offers, updated information, potential outages, and other new services from Word Magic Software.

Personal information collected on this site may be stored and processed in the United States or any other country where Word Magic Software, its subsidiaries, affiliates, or agents maintain facilities, and by using this site, you consent to any such transfer of information outside your country.

Control of Your Personal Information

Except as otherwise described in this statement, personal information you provide on this site will not be shared outside of Word Magic Software and its controlled subsidiaries and affiliates without your permission. It will only be used for the purposes stated above.

Please be aware that this privacy statement and the choices you make on this site will not necessarily apply to personal information you may have provided to Word Magic Software in the context of other separately operated Word Magic Software products or services.

Security of Your Personal Information

Word Magic Software is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, we store the personal information you provide on computer servers with limited access that are located in controlled facilities. Additionally, when we transmit sensitive personal information (such as a credit card number) over the Internet, we protect it through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

Use of Cookies

A cookie is a small text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a Web page, or navigate within a site, a cookie helps the site to recall your specific information on subsequent visits. This simplifies the process of delivering relevant content, eases site navigation, and so on. When you return to the Web site, the information you previously provided can be retrieved, so you can easily use the site's features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this or other Web sites you visit.

Changes to This Statement

We may occasionally update this privacy statement. When we do, we will also revise the "last updated" date at the top of the privacy statement. For material changes to this privacy statement, we will notify you either by placing a prominent notice on the home page of our Web site or by directly sending you a notification. We encourage you to periodically review this privacy statement to stay informed about how we are helping to protect the personal information we collect. Your continued use of the service constitutes your agreement to this privacy statement and any updates.

Contact Information

Word Magic Software welcomes your comments regarding this privacy statement. If you believe that Word Magic Software has not adhered to this statement, please contact us by e-mail or at the postal address provided below, and we will use commercially reasonable efforts to promptly determine and remedy the problem.

Word Magic Software
Translation Technologies Corporation (U.S. Representative)
PO Box 689,
Alief Texas 77411-0689
USA

Return / Refund Policy

Please review our return policy before purchasing any of Word Magic Software’s products.

Word Magic Software offers a free downloadable and/or online demonstration of our all our Standard and Professional products for evaluation. Except for the Home Edition Versions, it is assumed that the buyer has reviewed his/her product of choice and is completely satisfied with its quality before effecting actual purchase of said product. If you have not tried our free evaluation demonstration, please do so before purchasing any of our products. With knowledge of the above, no refund/return request should be solicited by the buyer/user on such basis. All translation software is non-refundable.

In view of the above said, we will review return/refund requests on defective software only. If your product is defective in any way, it can be replaced with another version of the same software, at no extra charge to the user. Please send all return/refund requests to orders@wordmagicsoft.com, as well as your reason for such request. A reply will be sent to you after it has been determined if a return/refund is necessary. If it is determined that your product is defective, we will notify you of an Exchange Authorization Number that will be used to return your software. The returned product must include all its packaging and documentation. Packing the product for undamaged return is your responsibility. All returned products must be undamaged. Once we receive the defective software, a new factory-sealed version of the software you purchased will be sent to you.

In the event of any monetary refund, the return payment shall be for 80% of the value of the software less shipping and handling costs, and only if the following actions have been completed within thirty days of purchase:

1. The request for a refund is received by WMS, in writing (E-mail or snail mail); phone calls will not be sufficient. The request for a refund must include: Order #, date of purchase, name under which the product was registered, name of person the item was billed to, the e-mail address used at the time of purchase, manner in which the purchase was paid for, i.e., Credit Card, Purchase Order, Check, Money Order, Wire, etc.
2. The CD is returned with original packaging
3. The INACTIVATION feature has been performed

The refund will be processed in the same manner as payment was made.

Software Maintenance and Support Policy

This Software Maintenance and Support Policy states the terms under which the maintenance and support of software products developed and delivered by Word Magic Software Inc (WMS) will be conducted.

Software Maintenance

WMS delivers software products on an as-is basis and does not accept liability for any problems that may result from the use of its products.

WMS makes periodic software updates, which are made available to licensed users of the products.

WMS notifies licensed users of it products regarding software updates via email to the purchaser-of-record.

Licensed users may obtain the software updates by downloading from the Word Magic Software website or requesting a new CD. Users will be responsible for handling and shipping charges related to shipping CD's.

WMS reserves to right to discontinue support of software releases that are over four revisions old.

Product Support

Product Support is provided to help licensed users with installation, registration and functional use of WMS software products.

Product Support is provided via email, telephone, or fax, Monday thru Friday, 9am to 5pm US CST, excluding holidays.

Cost

Software maintenance and support is included in the cost of the product for the first year.

Upon the anniversary of the first year, licensed users can extend software maintenance and support for subsequent years by paying a pre-paid annual subscription equal to 15% of the original purchase price of WMS software products.

End-User License Agreement

Word Magic Software End User License Agreement

PLEASE READ THE FOLLOWING SINGLE-USER LICENSE AGREEMENT CAREFULLY BEFORE USING THIS PROGRAM. THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END-USER, AND Word Magic Software Inc. BY INSTALLING AND/OR USING THIS PROGRAM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT INSTALL AND/OR USE THIS PROGRAM.

Article 1 - Grant Of License: Word Magic Software and Word Magic Software Inc. (hereinafter "Word Magic Software Inc.") grants you a non-exclusive license to use the "Word Magic Software" program included herein subject to the terms of this Agreement. For the purposes herein, "Word Magic Software" shall constitute ALL component parts that are distributed herein including all program files, libraries, support files and documentation (hereinafter "Software"). The Software is licensed as a single product. Its component parts may not be separated or distributed. The Software is solely for your own personal use, on one computer at one time. You may use this Software on a different computer, but it may not be used on two or more computers at the same time. You may make a working copy of the Software and a backup copy for archival purposes only.

Article 2 - Restrictions On Use:

• You may NOT use the Software to create Derivative Works.

• You may not reverse engineer, translate, port, modify, decompile, or disassemble the Software. Furthermore, you shall not derive or attempt to derive the source code, source files or structure of all or any portion of the Software by reverse engineering, disassembly, decompilation or by any other means.

• You may not rent, publish, sell, lease, sublicense or market the Software or use it in any manner not expressly authorized by this Agreement.

• You may transfer the Software and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement.

• You shall not use the Software to operate a service bureau or for any other use involving the processing of data of any other persons or entities.

• You may not alter or remove any copyright notices or proprietary legends contained in, or on, the Software.

Article 3 - Ownership, Copyrights & Trademarks: Word Magic Software Inc. is the exclusive licensee of the Software, which was created by Word Magic Software Inc.'s licensors (hereinafter "Copyright Owners"). Word Magic Software Inc. and Copyright Owners shall retain all ownership rights in the Software. The Software is protected by United States Copyright law and also by International Treaty provisions. Any use of the Software in violation of these laws shall constitute a termination of this Agreement and can result in prosecution. The Software is Copyright (c) 1993-2003 by Translation Technologies Corp. a company registered under the State of Texas. ALL RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES AND INTERNATIONAL TREATY PROVISIONS. "Word Magic Software" is a registered trademark licensed by Word Magic Software Inc.

Article 4 - Term: This license is effective until terminated. You may terminate it at any time by destroying the Software together with all copies and modifications in any form. This License also terminates if you fail to comply with the terms and conditions of this Agreement.

Article 5 - No Warranty: Word Magic Software Inc. MAKES AND USER RECEIVES NO WARRANTY, WHETHER EXPRESS OR IMPLIED, AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. The Software is provided to you on an "AS IS" and "WITH ALL FAULTS" basis. You assume the entire risk of loss in using the Software. The Software is complex and contains non-conformities, defects and errors. Word Magic Software Inc. does not warrant that the Software will meet your needs or expectations (whether due to hardware related capabilities or otherwise) or that operation of the Software will be error-free or uninterrupted, or that any non-conformity, defect or error can or will be corrected.

Article 6 - Limitations On Liability & Remedies: Word Magic Software Inc. ASSUMES NO LIABILITY FOR ANY FILES CREATED, MODIFIED OR DISTRIBUTED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LIABILITY FOR PATENT OR COPYRIGHT INFRINGEMENT. FURTHERMORE, IN NO EVENT SHALL Word Magic Software Inc. BE LIABLE FOR ANY DAMAGES, CLAIM OR LOSS INCURRED BY USER (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST PROFITS, LOST SALES OR BUSINESS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR DAMAGES RESULTING FROM LOST OR CORRUPTED DATA OR INABILITY TO USE YOUR COMPUTER, OR THE USE OF OTHER PROGRAMS OR DATA ON YOUR COMPUTER, OR THE SOFTWARE) IRRESPECTIVE OF WHETHER Word Magic Software Inc. HAS BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF, THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IF Word Magic Software Inc. 'S EXCLUSION OF ANY WARRANTY AND/OR LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL FOR ANY REASON WHATSOEVER BE HELD UNENFORCEABLE OR INAPPLICABLE, USER AGREES THAT Word Magic Software Inc. 'S LIABILITY TO ANY PARTY SHALL NOT EXCEED THE PURCHASE PRICE OF THE SOFTWARE. Some states do not allow the exclusion or limitation of incidental or consequential damages or the limitation of duration of an implied warranty, so the limitation or exclusion herein may not apply to you.

Article 7 - General:

• This is the exclusive Agreement between Word Magic Software Inc. and you regarding its subject matter. You shall pay any taxes on the Software or transactions, except for those based on Word Magic Software Inc.'s annual net income.

• The Copyright Owners shall be third party beneficiaries of Word Magic Software Inc.'s rights under this Agreement, but they are not a party hereto and shall have no obligation hereunder.

• If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in effect.

• This Agreement supersedes and replaces all previous Agreements, whether written or oral, with you regarding the Software.

• This Agreement shall be governed by the laws of the State of Texas, except for that body of law dealing with conflicts of law.

COMMERCIAL COMPUTER SOFTWARE

The Software is a "commercial item", as that term is defined at 48 C.F.R. 2.101 (Oct. 1995) consisting of "commercial computer software" and "commercial computer documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Governmental End Users acquire the Software with only those license rights set forth herein. For purpose of any public disclosure provision under any federal, state or local law, it is agreed that this Software is a trade secret and proprietary commercial Software is not subject to disclosure.

SEER - End-User Software License Agreement

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING SEER SOFTWARE (THE "SOFTWARE"): BY INSTALLING, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.

LICENSE GRANT: CAPITAL EMPRESARIAL CENTROAMERICANO, S.A. (hereinafter "CEC") provides the Software and licenses, not sells, its use to you, the licensee, pursuant to the following terms and conditions. Subject to payment of applicable license fees, CEC grants to you a nonexclusive and royalty-free license to use one copy of the Software on a single computer. The Software is in "use" on a computer when it is loaded into temporary memory (i.e., RAM) or installed into permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. However, installation on a network server for the sole purpose of internal distribution to one or more other computer(s) shall not constitute "use" for which a separate license is required, provided you have a separate license for each computer to which the Software is distributed. Solely with respect to electronic documents included with the Software, you may make an unlimited number of copies (either in hardcopy or electronic form), provided that such copies shall be used only for internal purposes and are not republished or distributed to any third party. You may not rent or lease the Software, but you may transfer the Software and accompanying documentation on a permanent basis, provided that you retain no copies of the Software and the recipient agrees to be bound by all of the terms and conditions of this Agreement.

RESTRICTIONS ON USE: The Software is confidential copyrighted information of CEC. You agree not to alter, reverse engineer or disassemble the Software. You may not copy the Software except as necessary to use them on computers described in Section 1 above or for backup purposes. You agree that any such copies of the Software shall contain the same proprietary notices that appear on and in the Software. Title to and ownership of the Software, related documentation and any reproduction thereof shall remain with CEC and its suppliers. Except as stated in Section 1 above, this Agreement does not grant to you any right (whenever by license, ownership or otherwise) in or to patents, copyrights, trade secrets, trade names, trademarks or any other intellectual property right with respect to the Software. You agree not to export or re-export the Software without the appropriate government licenses.

TERM: This Agreement is effective upon installation, copying, downloading, accessing or use of the Software by you and shall remain in force until terminated. You may terminate it voluntarily at any time. Voluntary termination by you must be accompanied by complete destruction of the Software and copies thereof. CEC or its suppliers may terminate this Agreement without notice upon your failure to abide by this Agreement. All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies, or damage, and CEC’s proprietary rights shall survive termination.

NO WARRANTY: You assume responsibility for the selection of the Software to achieve your intended results. Further, you are responsible for the installation, use and results obtained from the Software. YOU AGREE THAT THE SOFTWARE IS PROVIDED AND LICENSED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TECHONLINE AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, WITH REGARD TO THE SOFTWARE. YOU BEAR THE ENTIRE RISK RELATING TO THE QUALITY OF THE SOFTWARE AND, IF THE SOFTWARE PROVES TO HAVE ANY DEFECTS, YOU ASSUME THE COST OF ANY NECESSARY SERVICING OR REPAIRS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THAT THE ABOVE EXTENSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIAL LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CEC OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFIT, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF CEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

COMMERCIAL COMPUTER SOFTWARE: The Software is a "commercial item", as that term is defined at 48 C.F.R. 2.101 (Oct. 1995) consisting of "commercial computer software" and "commercial computer documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Governmental End Users acquire the Software with only those license rights set forth herein. For purpose of any public disclosure provision under any federal, state or local law, it is agreed that this Software is a trade secret and proprietary commercial Software is not subject to disclosure.

MISCELLANEOUS: This agreement shall be construed and interpreted according to the laws of the State of Texas. Jurisdiction of any claims arising under this agreement will lie exclusively with the state or federal courts within Texas.