Wolfram|Alpha Windows Desktop Gadget
This license agreement ("Agreement") is a legal agreement between You ("You/Your") and Wolfram Alpha LLC ("Wolfram"). Read it carefully before using the Wolfram|Alpha Windows Desktop Gadget ("Gadget"). By accessing, and/or using the Gadget, You are agreeing to be bound by the terms of this Agreement. If You do not agree to be bound by these terms, do not access or use the Gadget.
Grants and Restrictions
The Gadget is made available to You for Your personal, noncommercial use only.
You may not sell, sublicense, or distribute the Gadget.
You may not modify the Gadget in any way, remove any trade dress or logos, or create derivative works based on the Gadget.
You may not use the Gadget in any manner that could damage, disable, overburden, or impair the Wolfram|Alpha website ("Site"), or otherwise interfere with any other party's use and enjoyment of the Site.
You acknowledge that this Agreement does not convey any Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing under copyright law, patent law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from the Gadget. You also agree to not remove, obscure, or alter any copyright notice, trademarks, or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or through the Gadget.
Disclaimer of Warranties
Wolfram hereby disclaims any responsibility for any harm resulting from Your use of the Gadget.
The Gadget is provided "as is", with no warranties whatsoever. Wolfram expressly disclaims to the fullest extent permitted by law all express implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and noninfringement of proprietary rights. Wolfram disclaims any warranties regarding the security, reliability, timeliness, and performance of the Gadget.
You understand and agree that You access and/or use the Gadget at Your own discretion and risk, and that You will be solely responsible for any damages to Your computer system or loss of data that results from Your accessing or using the Gadget. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to You.
Limitation of Liability
Under no circumstances shall Wolfram be liable to You on account of Your use or misuse of the Gadget. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise (even if Wolfram has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse and reliance on the Gadget, from inability to use the Gadget, or from the interruption, suspension, or termination of the Gadget. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to You.
Basis of Bargain
The Disclaimer of Warranties and Limitation of Liability set forth above are fundamental elements of the basis of the Agreement between Wolfram and You. Wolfram would not be able to provide the Gadget on an economic basis without such limitations.
This Agreement is governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflict of laws. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Wolfram.
All questions concerning this Agreement shall be directed to:
Wolfram Alpha LLC
Attn: Legal Department
100 Trade Center Drive
Champaign, IL 61820