Last updated on January 21, 2021
XL8 Inc., a corporation registered in San Jose, California (“XL8”, “we,” or “us”), is the creator of XL8 Skroll, an AI machine translation service and tools to use the service (“Skroll”, “XL8 Skroll”, or the “Software”).
This End-User License Agreement (“EULA”) governs your use of the Software. Be sure to read and understand this EULA carefully as it outlines all the rights and restrictions associated with using the software. The licensee (“you”), understand and agree, that, by using the Software you are bound by this EULA and the Privacy Policy (https://xl8.ai/privacy-policy) that is incorporated herein by reference. If you do not agree to the terms and conditions set forth in this EULA, then you may not download, install, or use Software.
Subject to the terms of this EULA, XL8, hereby grants to Licensee a non-exclusive, revocable, non-transferable, non-sublicensable, right and license to possess and to use a copy of the Software. You are not allowed to make a charge for distributing this Software, either for profit or merely to recover media and distribution costs. Your license rights are subject to your compliance with this EULA.
By granting you this license, XL8 allows you to do the following:
Subject to the terms of this EULA, XL8, hereby grants to Licensee a non-exclusive, revocable, non-transferable, non-sublicensable, right and license to possess and to use a copy of the Software. You are not allowed to make a charge for distributing this Software, either for profit or merely to recover media and distribution costs. Your license rights are subject to your compliance with this EULA.
Limitations on Reverse Engineering, Decompilation, Modification, Disassembly and Derivative Works. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding the limitation.
XL8 shall provide updates and maintenance on an as needed basis.
Software is licensed as a single product. Its components may not be separated for use on more than one computer.
You may permanently transfer all rights under the EULA, provided recipient agrees to the terms of this EULA. (a) retain no copies, (b) transfer all of the software, (c) the recipient agrees to abide by all of the terms of this EULA, and (d) notify XL8 Inc. of the transfer. XL8 Inc. will then issue user-identification keys and passwords to the new user. If the Software is an upgrade, any transfer must include all prior versions of the Software and all of your rights therein, in any.
Without prejudice to any other rights, the Author of this Software may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such an event, you, the licensee, must destroy all copies of the Software and all of its component parts.
All rights, title, interest, and copyrights in and to the Software, including but not limited to all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and any information, are owned by XL8. The Software is protected by all applicable copyright laws and international treaties. Therefore, you, the licensee, must treat the Software like any other copyrighted material, except as otherwise provided for in this EULA.
As a user of the Service, you agree not to:
XL8 may terminate this EULA immediately upon written notice, including e-mail, to you, with or without cause.
Both parties agree that this EULA is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this EULA.
This EULA shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of California, without regard to conflicts of legal provisions thereof. Any legal action or proceeding relating to this EULA shall be brought exclusively in courts located in San Jose, California, and each party consents to the jurisdiction thereof. The prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, attorney’s fees. This EULA is made within the exclusive jurisdiction of the United States, and its jurisdiction shall supersede any other jurisdiction of either party’s election.
This EULA is not assignable or transferable by you without a prior written consent of XL8; any attempt to do so shall be void. Any notice, report, approval or consent required or permitted hereunder shall be in writing and will be deemed to have been duly given if delivered personally or mailed by first-class, registered or certified mail, postage prepaid to the respective addresses of the parties as set forth herein.
If any provision of this Agreement is held illegal or unenforceable by any court of competent jurisdiction, such provision shall be deemed severed from the remaining provision of this Agreement and shall not affect or impair the validity or enforceability of the remaining provisions of this Agreement.
These Terms of Service and your use of the Service are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State/Commonwealth of California, without regard to its conflict of law principles.
XL8, and author of Software, hereby expressly disclaim any warranty for the Software. Software and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You, the licensee, will accept any and all risk arising out of use or performance of Software.
XL8 shall not be liable to you, the licensee, or any other person or entity claiming through you for any loss of profits, income, savings, or any other consequential, incidental, special, punitive, direct or indirect damage, whether arising in contract, tort, warranty, or otherwise. Even if XL8 has been advised of the possibility of such damages. These limitations shall apply regardless of the essential purpose of any limited remedy. Under no circumstances shall XL8’s aggregate liability to you, or any other person or entity claiming through you, exceed the financial amount actually paid by you to XL8 for the Software.
As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
XL8 will not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by XL8. No delay or omission on the part of us in exercising any rights or remedies will operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.
The provisions of this EULA relating to intellectual property ownership, restrictions on use, disclaimers of warranties, limitation of liability and indemnification will survive termination or expiration of this EULA for any reason.
If you have any questions or comments about this End User License Agreement, email us at contact+legal@xl8.ai.
