Download Slidecaster for Mac OS X
Terms and Conditions
- Description of Software; Disclaimer of Warranties. The Software is intended to allow you to display digital images captured via a wi-fi enabled camera and create a real-time slideshow displayed on a computer or compatible device. The images are stored on your computer or compatible device. WWP also provides access to a compatible App for iPhones. There is a fee charged for downloading and using the App. The App allows you to control the slide show from your iPhone and hide (but not delete) photos from the slide show. The App is included within the definition of Software. Currently, there is no fee associated with the license to use the computer based version of the software. The license to utilize the App is purchased via an in-app purchase that will give you access for a period of time as set forth in the App store. Notwithstanding the foregoing, WWP makes no representations or warranties regarding the Software. The Software is provided “AS-IS.” WWP hereby disclaims all guaranties, representations and warranties (whether express or implied, oral or in writing, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and whether or not arising through a course of dealing), relating to the Software. WWP further disclaims any warranty that (a) the Software will meet your requirements or will be or error-free; (b) the results that may be obtained from the use of the Software will be effective, accurate, or reliable; (c) the quality of the Software will meet your expectations; or that (d) any errors or defects in the Software will be corrected.
- License Grant and Intellectual Property Rights. Subject to your compliance with the Agreement and, if you download the App, any additional terms as set forth in the App Store, during the term of the Agreement WWP grants to you a non-exclusive, nontransferable license, without the right to sublicense, to access and use the Software. The Software is owned by WWP and is protected by copyright and other intellectual property rights. Other than the license granted under this Agreement, you obtain no rights in or to the Software, or any associated intellectual property rights. You agree to comply with all copyright and proprietary rights notices contained on or in any of the materials downloaded by you or provided by WWP. You shall not (a) alter, enhance or make derivative works of the Software, (b) reverse engineer, reverse assemble or decompile the Software or any components of the Software; or (c) use, or allow the use of, the Software in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations. WWP may, it is sole discretion and without any liability or obligation to you, terminate this Agreement. Upon providing notice to you by posting such notice on this website, you agree to immediately cease all use of the Software. Any terms or provisions of this Agreement, including those affecting warranties, indemnities, limitation of liability, etc., which by their nature extend beyond the expiration or termination of this Agreement shall remain in effect and survive the termination or expiration hereof.
- Limitation of Liability; Exclusion of Certain Damages. WWP shall not be liable to you for any special, consequential (even if WWP has been informed of the possibility of such damages), incidental, punitive or indirect damages, losses, costs or expenses of any kind or any lost or imputed profits arising out of this Agreement or your use of or access to the Software, however caused, and whether based in contract, tort (including negligence), products liability or any other theory of liability. You waive any claim that these exclusions deprive you of an adequate remedy. Additionally, WWP’s liability to you for any claims arising under this Agreement or in connection with your use of or access to the Software shall not exceed $500.00.
- Indemnification. You agree to indemnify, defend and hold harmless WWP (and its respective officers, directors, employees, owners and agents) from and against any and all, actual or threatened, third party claims, liabilities, losses, damages, injuries or expenses (including reasonable attorneys’ fees) directly or indirectly arising from or relating to (i) your breach of this Agreement or (ii) your violation of any applicable law or regulation (including but not limited to any violation of any person’s or entity’s intellectual property or privacy rights).
(a) Entire Agreement. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter hereof, and merges and supersedes all prior discussions and writings between them with respect to the contents hereof and the Software provided by WWP. If any provision (or part thereof) of this Agreement is determined by a court of competent jurisdiction as part of a final non-appealable ruling, government action or binding arbitration, to be invalid, illegal, or otherwise unenforceable, such provision shall be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder shall remain in full force and effect and bind the parties according to its terms.
(b) Jurisdiction and Governing Law; Attorney’s Fees. You consent to the exclusive personal jurisdiction of the state and federal courts located in Hamilton County, Ohio and agree that any claim against the other arising from or in connection with this Agreement shall be brought in such courts. The rights and obligations of the parties under this Agreement shall be governed by and construed under the laws of the State of Ohio without reference to conflict of laws principles.
(c) Force Majeure. Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, shortage of materials or supplies, or any other cause beyond the reasonable control of such party; provided, that the party whose performance is affected by any such event gives the other party written notice thereof within three (3) business days of such event or occurrence.
(d) Notice. Any notice, communication or statement relating to this Agreement from WWP to you shall be sent to the email address provided by you during registration for the use of the Software. Any notice, communication or statement relating to this Agreement from you to WWP shall be in writing and deemed effective: (i) upon delivery when delivered in person; or (ii) upon delivery when delivered by registered or certified mail, postage prepaid, return receipt requested or by nationally-recognized overnight courier service and shall be sent to the following:
4161 Paxton Woods Lane
Cincinnati, Ohio 45209
Phone: (513) 871-2171
(e) Successors and Assigns. You may not, directly or indirectly, in whole or in part, by operation of law or otherwise, assign or transfer this Agreement or delegate any of your obligations under this Agreement without WWP’s written consent. Any attempted assignment, transfer or delegation without such prior written consent will be void and unenforceable. In the event that this Agreement is validly assigned, then this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns.
(f) Export Control Laws. The Software and your use of the Software are subject to U.S. and international laws, restrictions, and regulations that may govern the import, export, and use of the Software. You agree to comply with all the laws, restrictions, and regulations.
(g) Waivers. The failure of WWP to insist upon or enforce strict performance by you or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of WWP’s right to assert or rely upon any such provision or right in that or any other instance, and the same shall be and remain in full force and effect.
(h) Modification of Terms. WWP reserves the right to modify this Agreement, effective upon WWP’s posting of such modifications to this website or any successor website hereto. You are responsible for regularly reviewing this Agreement. Continued use of the Software after any such modification to the terms of the Agreement shall constitute your consent to such changes.
(i) Pro Desktop Usage Fee. Should you elect to connect the Desktop to the Remote App, you are agreeing to the fee related to the use. The fee gives you access for 30 hours, and will be charged to your credit card you put on file. The only way you will be charged is if you click the button in the software to purchase Slidecaster Pro now or after the 11th photo is uploaded.
(j) Feedback. Any questions, comments, ideas or any type of communication that you desire with WWP should be delivered by electronic mail (“Feedback”) using the following electronic mail address: (email@example.com). You agree, understand, and acknowledge that such Feedback shall be the intellectual property of WWP upon receipt, and you agree, understand, acknowledge, and transfer to WWP all rights to such Feedback for use by WWP, including but not limited to incorporating such Feedback into any existing or non-existing product or service without any compensation to you. By submitting any Feedback, you agree that such disclosure is gratuitous, unsolicited and without restriction and will not place WWP under any fiduciary or other obligation, and that WWP is free to use the Feedback without any compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone.
By downloading the Slidecaster software below, you agree to these terms and conditions.