End user agreement for Voicent BroadcastByPhone Autodialer
VOICENT COMMUNICATIONS, INC. END-USER LICENSE AGREEMENT IMPORTANT-READ CAREFULLY: This End-User License Agreement (EULA) for Voicent software product is a legal AGREEMENT between you
(either an individual person or a single legal entity, who will be referred to in this and Voicent Communications, Inc. for the Voicent software product that accompanies this EULA,
including any associated media, printed materials and electronic documentation (the "Software Product"). The Software Product also includes any software updates, add-on components,
web services and/or supplements that Voicent may provide to You or make available to You after the date You obtain Your initial copy of the Software Product to the extent that such
the terms of this EULA. If you do not agree to the terms of this EULA, then DO NOT install, access or use the SOFTWARE PRODUCT. SOFTWARE PRODUCT LICENSE The Software Product is protected by
intellectual property laws and treaties. The Software Product is licensed, not sold. SHAREWARE SOFTWARE: For all shareware Software the clauses in Section A apply. FULL LICENSED SOFTWARE:
For all Full Licensed Software (whether that be through the application of a license to a shareware version of the product or by the direct purchase of a licensed product), the clauses in
Section B apply. A. SHAREWARE SOFTWARE VOICENT IS WILLING TO LICENSE THE DOWNLOADABLE, SHAREWARE SOFTWARE (the "SOFTWARE") TO YOU ON THE CONDITION THAT YOU ACCEPT THE TERMS AND CONDITIONS
OF THIS LICENSE AGREEMENT (THIS "AGREEMENT"). BY CLICKING ON THE I ACCEPT; BUTTON OR BY INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT
AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, THEN DO NOT PROCEED ANY FURTHER AND CLICK THE "I DO NOT ACCEPT" BUTTON BELOW. GENERAL TERMS AND CONDITIONS 1. SHAREWARE You may install the
Software on Your computer system and use the Software pursuant to the terms of this Agreement. You may not sell the Software Product or transfer it for value. You will not translate, modify,
adapt, decompile, disassemble or reverse engineer the Software. Since this is shareware Software, portions of the full use version of the Software may be withheld or unusable and use of the
Software may require accessing portions of the Software remotely through the Internet. Full use of the Software may be restricted by technological protections. You agree not to use the Software
in violation of any law, statute, ordinance or other regulation (including export control and unfair competition laws) or any obligation to which You are bound. You agree to comply with all
applicable laws and regulations regarding Your use of the Software. You agree to indemnify Voicent from and against any liability that Voicent may incur arising from Your use of the Software.
2. OWNERSHIP All patents, copyrights, trade secrets and other proprietary rights in or related to the Software are and will remain the exclusive property of Voicent, whether or not specifically
recognized or perfected under the laws of the country where the Software is located. You hereby assign and agree to assign any and all rights You may have or acquire in or to the Software to
Voicent for no additional consideration. You will not take any action that jeopardizes Voicent's or its licensors' proprietary rights or acquire any rights in the Software, except the limited
use right specified in Section 1. Voicent or its designee will own all rights in any copy, translation, modification, adaptation or derivation of the Software, including any improvement or
development thereof. At Voicent's request, You will execute or obtain the execution of any instrument that may be appropriate to assign these rights to Voicent or its designee or to perfect
these rights in Voicent's or its designee's name. 3) COPYRIGHT AND TRADEMARKS. a) All title, trademarks and copyrights in and pertaining to the Software Product, the accompanying printed materials,
and any copies of the Software Product, are owned or licensed by Voicent or its affiliated companies. The Software Product is protected by copyright and trademark laws and international treaty provisions.
You may make one copy of the Software Product for back-up and archival purposes. You may not copy the printed materials accompanying the Software Product. b) You may not remove, modify or alter any
Voicent copyright or trademark notice from any part of the Software Product, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in the
Voicent about boxes, in any of the runtime resources and/or in any web-presence or web-enabled notices, code or other embodiments originally contained in or otherwise created by the Software Product.
4. DISCLAIMER OF WARRANTY YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES
WITH RESPECT TO THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY VOICENT OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED. 4. DISCLAIMER OF DAMAGES UNDER NO CIRCUMSTANCES WILL VOICENT,
ITS LICENSORS OR THEIR RELATED COMPANIES BE LIABLE TO YOU FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT OR SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON YOUR
CLAIMS OR THE CLAIMS OF ANY THIRD PARTY, WHETHER BASED ON THIS AGREEMENT, ANY COMMITMENT PERFORMED OR UNDERTAKEN UNDER ON OR IN CONNECTION WITH THIS AGREEMENT OR OTHERWISE, EXCEPT ONLY IN THE CASE OF
PERSONAL INJURY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. 5. RESTRICTED RIGHTS. The Software is provided with restricted rights. Use, duplication or disclosure by the
government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and
(2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. By clicking the I Accept box below or by installing or using the Software, You agree to be bound
by the terms and conditions of this Agreement. B. FULL LICENSED SOFTWARE 1) GRANT OF LICENSE. This Section of the EULA describes Your general rights to install and use the Software Product.
The license rights described in this section are subject to all other terms and conditions of this EULA. a) General License Grant to Install and Use Software Product. You may install and use
one copy of the Software Product on a single computer but only for use in the number of written language(s) that you selected at time of first installation and in which you have acquired rights.
b) Alternative License Grant for Storage/Network Use. As an alternative to the rights granted in the previous section, You may install a copy of the Software Product on one storage Device,
such as a network server, and allow individuals within Your business or enterprise to access and use the Software Product from other Devices over a private network, provided that you acquire
and dedicate a license for the storage Device upon which the Software Product is installed and each separate Device from which the Software Product is accessed and used. A license for the
Software Product may not be used concurrently on different Devices. c) License Pack/Corporate Site License. If you have acquired this Software Product in an Voicent License Pack or Corporate
Site License Agreement, you may make the number of additional copies of the computer software portion of the Software Product as defined on that EULA, and you may use each copy in the manner
specified above. 2) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. a) Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not modify, reverse engineer, decompile, or
disassemble the Software Product. b) No rental, leasing or commercial hosting. You may not rent, lease, lend or provide commercial hosting services to third parties with the Software Product.
In all cases, goods remain the property of Voicent until payment in full is received. c) Software Transfer. You may not transfer any of your rights under this EULA to another user.
d) Support Services. Voicent may provide you with support services related to the Software Product Support Services. The provision and use of Support Services is governed by the Voicent
policies and programs described in the Software Product user manual and/or in online documentation. Any supplemental software code provided to you as part of the Support Services shall be
considered part of the Software Product and subject to the terms and conditions of this EULA. With respect to technical information you provide to Voicent as part of the Support Services,
Voicent may use such information for its business purposes, including for product updates and development. e) Termination. Without prejudice to any of Voicent other rights, Voicent may
terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy any and all copies of the Software Product and all of its component parts.
3) UPGRADES and SUBSCRIPTION. If the Software Product is labeled or otherwise identified by Voicent as an upgrade or subscription, you must be properly licensed to use a product identified
by Voicent as being eligible for the upgrade in order to use the Software Product. A Software Product, labeled or otherwise identified by Voicent as an upgrade, replaces and/or supplements
the product that formed the basis for your eligibility for such upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the Software Product
is an upgrade of a component of a package of software programs that you licensed as a single product, the Software Product may be used only as part of that single product package and may not
be separated for use on more than one computer. 4) COPYRIGHT AND TRADEMARKS. a) All title, trademarks and copyrights in and pertaining to the Software Product, the accompanying printed materials,
and any copies of the Software Product, are owned or licensed by Voicent or its affiliated companies. The Software Product is protected by copyright and trademark laws and international treaty
provisions. You may make one copy of the Software Product for back-up and archival purposes. You may not copy the printed materials accompanying the Software Product. b) You may not remove,
modify or alter any Voicent copyright or trademark notice from any part of the Software Product, including but not limited to any such notices contained in the physical and/or electronic media
or documentation, in the Voicent about boxes, in any of the runtime resources and/or in any web-presence or web-enabled notices, code or other embodiments originally contained in or otherwise
created by the Software Product. 5) DUAL-MEDIA SOFTWARE. You may receive the Software Product in more than one medium. Regardless of the type or size of the medium you receive, you may use
only that one medium that is appropriate for your single computer. You may not use or install the other medium on another computer, including but not limited to portable computers under the
exclusive control of the registered user. You may not loan, rent, lease, or otherwise transfer the other medium to another user. 6) U. S. GOVERNMENT RESTRICTED RIGHTS. The Software Product
and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U. S. Government is subject to restrictions as set forth in subparagraph C (1)(ii) of the Rights
in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable.
7) LIMITED WARRANTY a) LIMITED WARRANTY. Voicent warrants that (a) the Software Product will, for a period of thirty (30) days from the date of delivery, perform substantially in accordance
with Voicent written materials accompanying it, and (b) any Support Services provided by Voicent shall be substantially as described in applicable written materials provided to you by Voicent.
b) CUSTOMER REMEDIES. In the event of any breach of warranty or other duty owed by Voicent, Voicent and its suppliers entire liability and your exclusive remedy shall be, at Voicent option,
either (a) return of the price paid by you for the Software Product (not to exceed the suggested U.S. retail price) if any, (b) repair or replacement of the defective Software Product or (c)
re-performance of the Support Services. This Limited Warranty is void if failure of the Software Product has resulted from accident, abuse, or misapplication. Any replacement Software
Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. c) NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, VOICENT AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THE LIMITED WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. Some states and jurisdictions do not allow disclaimers of or limitations on the duration of
an implied warranty, so the above limitation may not apply to you. To the extent implied warranties may not be entirely disclaimed but implied warranty limitations are allowed by applicable law,
implied warranties on the Software Product, if any, are limited to thirty (30) days. 9) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VOICENT OR
ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES,
EVEN IF VOICENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, VOICENT'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID
TO VOICENT FOR THE SOFTWARE PRODUCT OR SERVICE THAT DIRECTLY CAUSED THE DAMAGE. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. By clicking the I Accept box below or by installing or using the Software, You agree to be bound by the terms and conditions of this Agreement.