TextExpander License Agreement
SmileOnMyMac, LLC dba Smile (“Smile”, “we”, or “our”) grants you a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to use the object-code version of TextExpander client software (“TextExpander” or “Software”), and any related documentation (“Documentation”) subject to the terms of this Agreement. Smile retains all right, title, and ownership of intellectual property rights in and to the Software and Service. Smile retains all rights not expressly granted in this License. Copyright to the Software is held by Smile.
You may do the following:
- You may use TextExpander® only as a client to the TextExpander.com Service. You must maintain an account on TextExpander.com to use TextExpander. If your account type requires payment, then your account must be paid up and in good standing. If your account is terminated or deactivated, your license is terminated and you may no longer use TextExpander.
- You may install and use TextExpander on any computer used primarily by you (for example, work and home computers or desktop and laptop computers).
- You may make one (1) archival backup copy of TextExpander, provided that you retain possession of your originals and your copy.
You may not do the following, as TextExpander is the property of Smile:
- Sell, sublicense, assign, rent, lease, or lend TextExpander, to any person or business organization.
- Modify, reverse engineer, disassemble, decompile, or make any attempt to discover the source code of TextExpander.
- Modify the Service.
- Create, or attempt to create, derivative works based upon any or all of the Software or the Service.
Smile warrants that for 30 days after installation TextExpander will perform in substantial accordance with its documentation.
There are no other warranties or conditions, express or implied, and Smile DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of Smile is authorized to modify this limited warranty, nor to make any additional warranties.
Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be to return fees paid for the TextExpander.com service per its Terms of Service, found at: https://textexpander.com/terms.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.
Other Terms, Limitations, and Conditions relevant to use of the Service and the Software are present in our Terms of Service.
The following general terms apply:
- This Agreement takes effect upon your use of the Software and remains in effect until terminated. You may terminate this agreement by written notice to Smile at 350 Bay Street, Suite 100, PMB 278, San Francisco, CA 94133. This license terminates automatically and without notice if you fail to comply with any term or condition. You agree on termination of this license to destroy all copies of the Software and Documentation in your possession.
- This Agreement and additional terms contained in our Terms of Service constitute the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software.
- This Agreement may be modified only by a writing signed by you and us.
- This Agreement is governed by the internal laws of the State of Oregon, without regard to conflict of laws principles, and Federal law.
- You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
- You agree not to disclose your TextExpander.com authentication credentials to anyone.
- In the event of any inconsistency between this Agreement and our Terms of Service, our Terms of Service shall control.
- You agree that disputes arising under this Agreement shall be resolved in Portland, OR, as provided for in our Terms of Service.