Transparent Language Widget User License Agreement

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING TRANSPARENT LANGUAGE’S WIDGETS. BY USING THIS SERVICE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS SERVICE.

Terms of Use

The terms in this Widget User License Agreement («WULA») govern your use of the Word of the Day Widgets and may be changed by Transparent Language, Inc. («Transparent») at any time without notice. Widgets, as defined below, provide access to content owned by Transparent within or connecting to web sites or domains operated by Transparent.

Description

Widgets are free content modules offered by Transparent for personal or non-commercial use of the Word of the Day («Widgets»). Any other uses, including without limitation the incorporation of advertising into, or the placement of advertising associated with or targeted toward, the Widget content, are strictly prohibited, except where provided by separate written agreement with Transparent Language. You must use the Widgets as provided by Transparent and you may not edit or modify the text, content, context or links supplied by Transparent.

License Grant

Subject to this WULA, and except as otherwise expressly set forth herein, Transparent grants you a worldwide, non-exclusive, non-transferable, non-sublicensable right and license to download, access, and use Transparent’s Widgets.

Placement of Widgets

Transparent prohibits the placement of Widgets on sites that involve pornography, racism, violence, gambling or illegal activities. Widgets may be placed on other websites, including online social network profiles and personal blogs. Without the express written consent of Transparent, Transparent’s Widgets may not be embedded by you or third parties within other widgets or gadgets or software modules, including, but not limited to, those gadgets offered through iGoogle, Yahoo Widgets, Spring Widgets, Widgetbox, or any other third party.

Link to Content Pages

Widgets may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of content on an authorized web site of Transparent, such as the Transparent.com or byki.com web sites. You may not display the Widget content in any manner that does not permit successful linking to the applicable Transparent web page. You may not insert any intermediate page, splash page or other content between the Widget link and the applicable Transparent web page. The code provided on the Transparent sites for embedding widgets provides such links and must be used in its entirety and the link code may not be «stripped» out upon embedding.

Restrictions

You may not do any of the following with any of Transparent’s Widgets: (a) decompile, reverse engineer, disassemble, modify, embed, rent, lease, loan, distribute, or create derivative works or improvements from the Widgets or any portion thereof, or attempt to discover any source code, protocols, or other trade secrets in the Widgets; (b) obtain or attempt to obtain unauthorized access to Transparent’s network(s); © incorporate Widgets into any hardware or software device that you are not authorized to use or otherwise modify; (d) use, export, or re-export Widgets in violation of applicable U.S. laws or regulations including United States Export Control laws; (e) sell, lease, loan, distribute, transfer, or sublicense Widgets or access thereto or derive income from the use or provision thereof, whether for direct commercial or monetary gain or otherwise, without Transparent’s prior, express, written permission; (f) use Widgets in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this WULA; or (g) use Widgets for any enterprise, commercial, personal, or other purposes for which the Widgets were not designed.

Equipment and Support Updates

You shall be responsible for obtaining and maintaining all computer software and hardware and other equipment needed for access to and use of the Widgets and services, and all fees and charges related thereto. Transparent may not offer any technical or maintenance support for Transparent’s Widgets. Transparent may offer upgrades or updates to its Widgets at its sole discretion. Transparent may change, suspend, or discontinue any aspect of the Widgets at any time without notice to you. Transparent may impose limits on certain features and services or restrict your access to parts or all of Transparent’s Widgets, related content and services without notice or liability.

Viruses

Transparent assumes no responsibility, and shall not be liable, for any damages to, or viruses that may infect, your computer software, equipment or other property as a result of your access to or use of the Widget, or your downloading of any materials, data, text, images, video, or audio from any Transparent web site.

Disclaimer, Hold Harmless and Indemnity

USE OF TRANSPARENT’S WIDGETS AND ANY DATA, CONTENT OR SERVICE ACCESSED THROUGH OR VIA THE WIDGET IS OFFERED «AS IS» AND AT YOUR SOLE RISK, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMTED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. You agree that Transparent is not responsible for any Widget failure or any result to you or any third party for any failure or your use generally, and Transparent assumes no liability for any of your activities in connection with the Widgets or for your use of the Widgets. To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Transparent and its subsidiaries, affiliates, officers, directors, agents, licensors, co-branders, other partners, and employees from and against any third party claim arising from or in any way related to your download, access or use of any Widget, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

Intellectual Property and Trademarks

Transparent retains all ownership, intellectual property, and other rights in the Widget content. «Transparent Language» and «Byki» word and design logos are some of the trademarks of Transparent Language, Inc.

Termination and Rights to Discontinue Widgets

This WULA continues until terminated by either party. You may terminate this WULA by discontinuing use of all Transparent Widgets and by destroying all your copies thereof. This WULA terminates automatically and immediately if you violate any term hereof. Transparent publicly posts a written notice of termination on its web site(s) or Transparent sends a written (including email or text message) notice of termination to you directly. Transparent reserves the right to discontinue providing any or all of the Widgets at any time and to require you to cease displaying, distributing, or otherwise using any or all of the Widgets for any reason.

Changed Terms

Transparent has the right at any time to change or modify the terms and conditions applicable to use of the Widget, or any part thereof, or to impose new conditions, including, without limitation, establishing and adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Transparent website, or by electronic or conventional mail, or by any other means. You can find the most recent version of this WULA at http://www.transparent.com. Any use of the Widget service by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.

Entire Agreement

The terms and conditions of this WULA constitute the entire agreement between you and Transparent Language, Inc. and governs your use of Widgets, superseding any prior agreements between you and Transparent Language, Inc. with respect to its Widgets, content or services.

If you have questions regarding use, or if you have comments or suggestions regarding Transparent’s Widgets, please email us at: info@transparent.com. Please note that by doing so, you grant Transparent permission to use and/or incorporate your ideas or comments into Transparent’s Widgets, web sites, or other content without notice or compensation to you.