We would like to have our software translated into as many languages as possible. However, since we are a very small business, we don’t have human and financial resources to localize our software into more than just a few most commonly requested languages. In our effort to expand the list of languages that our software is translated into, we have created this Translation Program, an organized program providing volunteer translators the opportunity to translate certain English language phrases into a language in which the translator is fluent. Our collection of these translated phrases will enable us to offer native language interfaces for our products and services. By enrolling as a Translator using the online signup form, you will directly contribute to the increased usability of our software, and will help your fellow users.
Please read the following agreement carefully, and sign up to our translation program only if you agree to these terms and conditions. We are sorry about the legalese.
Terms and conditions for Hagel Technologies Translation Program
Effective Date: October 26, 2012
Under Hagel Technologies’s “Translation Program” you are given an opportunity to translate software strings and phrases from English into a language in which you are fluent. If you enroll as a Translator using the online signup form provided, and proceed to participate in our Translator Program, you shall be deemed to have accepted these Terms and Conditions and a party to a legally binding contract with Hagel Technologies Ltd. In this Agreement, “Hagel Technologies,” “we” or “us” refers to Hagel Technologies Ltd., and “Translator”, “you”, or “your” refers to the party performing the language translation services.
Translators are Volunteers
By participating in the Translator Program you are volunteering your time and efforts to expanding the enjoyment and value of our products and services to those for whom language might otherwise be a barrier. We hope that the benefits others obtain due to your contributions will be appreciated by you as well as by them, and thank you for your efforts. We must make clear that, whether or not Hagel Technologies utilizes your work in the Community Translator Program, we are under no obligation to pay you any sum of money or otherwise provide you with any compensation. We also retain complete discretion to select any or none of the translations and other contributions you may provide in the Translator Program, or otherwise.
Community Translator’s Responsibilities
Hagel Technologies may provide to you and other participants in the Community Translator Program various phrases in the English language requesting translation into other languages. You may elect to participate by translating one or more of such phrases into a language in which you are fluent. In doing so, you agree to provide translations in good faith and you agree not to provide automated or inappropriate translations. Although you are responsible for the content and accuracy each translation, Hagel Technologies reserves the right to review, reject, or remove any translation at any time for any reason in its sole discretion.
Assignment of Rights
You hereby acknowledge and agree that Hagel Technologies does not wish to, and would not, accept any translation services from you without your agreement to convey any and all rights you may have therein. Accordingly, by participating in the Community Translator Program you hereby automatically and without the requirement for any other action, writing or conveyance, assign all of your right title and interest in and to all translation services to Hagel Technologies, including, without limitation, all copyrights and copyright applications, and hereby waive all so-called “moral rights” therein. You acknowledge that you have no intellectual property or other proprietary rights in the text to be translated or in the resulting translations.
Term and Termination
You may begin to participate in the Translator Program upon your acceptance of these Terms and Conditions and you may continue to participate until your Translator Program account is terminated, either by you or Hagel Technologies in accordance with these Terms and Conditions, or when the Translator Program itself is terminated (by posted notice on the Hagel Technologies web site or, at Hagel Technologies’s discretion, by other notice to you). You may, at any time and for any or no reason, terminate your Translator Program account. Notwithstanding anything contained in these Terms and Conditions to the contrary, Hagel Technologies may, in its sole discretion and for any or no reason, and at any time, terminate the Translator Program or terminate your Translator Program account. You acknowledge and agree that all such decisions by Hagel Technologies are final and Hagel Technologies will have no liability with respect to such decisions. Hagel Technologies will notify you of termination of your Translation Program account via email, and any such cancellation or termination shall be effective on the date Hagel Technologies sends such notice.
Unless otherwise set forth in these Terms and Conditions, Hagel Technologies may give general notices to you relating to the Translator Program by posting them on the Hagel Technologies Translation Program web site and, in Hagel Technologies’s sole discretion, by electronic mail to you.
No Warranty from Hagel Technologies
YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE TRANSLATION PROGRAM IS AT YOUR OWN RISK. THE TRANSLATION PROGRAM IS AVAILABLE ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. HAGEL TECHNOLOGIES EXPRESSLY DISCLAIMS ON ITS OWN BEHALF AND ON BEHALF OF ITS EMPLOYEES, AGENTS, ATTORNEYS CONSULTANTS OR CONTRACTORS ANY AND ALL WARRANTIES INCLUDING, WITHOUT LIMITATION (i) ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE OPERATION OF THE TRANSLATION PROGRAM, THE AVAILABILITY, ACCURACY OR CONTENT OF ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH THE TRANSLATION PROGRAM, HAGEL TECHNOLOGIES, AND/OR THE HAGEL TECHNOLOGIES WEB SITE OR ANY RESULTS OBTAINED THROUGH THE USE THEREOF, AND (ii) THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS.
Limitations of Liability
IN NO EVENT SHALL HAGEL TECHNOLOGIES, ITS EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS OR CONTRACTORS BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, LOST PROFITS, INDIRECT OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, COST OF COVER WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF HAGEL TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN ANY EVENT, HAGEL TECHNOLOGIES’S, ITS EMPLOYEES’, AGENTS’, ATTORNEYS’, CONSULTANTS’ OR CONTRACTORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM SHALL BE STRICTLY LIMITED TO $100.00. SOME LEGAL JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TRANSLATOR ACKNOWLEDGES THAT HAGEL TECHNOLOGIES HAS ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SET FORTH HEREIN AND THAT THE SAME IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
Choice of Law and Venue.
This Agreement shall be governed by and construed in accordance with the laws of the province of British Columbia, Canada, without giving effect to principles of conflicts of law. You agree that the exclusive venue for any disputes arising under this Agreement shall be the provincial courts located in the City of Kelowna, British Columbia, Canada.
This Agreement contains the entire agreement of the parties regarding the subject matter of this Agreement and supersedes all previous communications, representations, understandings and agreements, either oral or written, between you and Hagel Technologies. Hagel Technologies may modify the terms of this Agreement at any time upon notice published on Hagel Technologies’s Translation Program web site. Any use of the Translation Program after such notice shall be deemed to be continued acceptance of this Agreement including its amendments and modifications.