(Last Updated: April 15th, 2009)
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.
We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.
Use of Your Personal Information
We use your personal information for the following purposes:
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.
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.
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 and we will use commercially reasonable efforts to promptly determine and remedy the problem.
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. 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 [email protected], 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:
The refund will be processed in the same manner as payment was made.
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.
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 is provided to help licensed users with installation, registration and functional use of WMS software products.
Product Support is provided via email and telephone, Monday thru Friday, 9am to 5pm US CST.
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.
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) 1993-2015 by Word Magic Software Ltda. a company registered in Costa Rica. 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 Ltda.
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 United States of America, 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.
UPDATES: Minor changes and bug fixes.
Updates are minor changes and/or bug fixes in which the first digit of the version number has not changed. So if you buy, for instance, Translator Professional 5.x.x.x, you can update to a later 5.x.x.x version free of charge. There are usually several of these updates throughout the “life” of a specific software version.
To check your product version, go to Help, About. You can use Help, Check for updates for the latest updates. Just click on Check for Updates and the download will begin.
UPGRADES: Major changes, improvements and/or new features.
Major Updates or Upgrades are indicated by a change in the first digit of the version number. So updating from 5.x.x to 6.0.0 is an upgrade.
Upgrades will have a significant amount of improvement and/or new features. Therefore, you will likely have to pay an upgrade fee and “trade in” the older version from which you are upgrading, if you want to take advantage of an upgrade.
Upgrades are indicated by a change in the first digit of the version number. Thus, a change from 5.x.x to 6.0.0 is an upgrade.
Upgrades include a significant amount of improvements and/or new features. Therefore, you will likely have to pay an upgrade fee if you want to take advantage of the upgrade. Often, if you purchase a software product that is upgraded to a new version in the next 2 – 3 months after your purchase, you will be automatically upgraded for free.
To be eligible for the upgrade, you must first be licensed for the software that is eligible for the upgrade. Once upgraded, this agreement will take the place of the agreement of the software from which you upgraded. After you upgrade, you may no longer use the software you upgraded from, nor can you transfer it to another party.
You will never be forced to upgrade to the new version, but you will not be able to use the new features and improvements, which may be very helpful. Some of the improvements and new features in upgrades stem often from suggestions made by other users.
If the User decides not to upgrade, the older version of the software will continue to be supported to the extent that Word Magic Software, Inc. deems appropriate. As newer versions are released, the older versions will receive less and less support. You may continue to use the older version as long as you wish, but support may not be available.
Also, as a licensed customer, you may be eligible for a discounted upgrade fee if you upgrade within a specific amount of time after the new version release date, usually 60 to 90 days. After that time, the upgrade fee will not be discounted.