ELECTRONIC END USER LICENSE AGREEMENT
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TALKEASY CONSULTANTS
ELECTRONIC END USER LICENSE AGREEMENT
FOR UNRELEASED SOFTWARE
This TALKEASY CONSULTANTS ("TALKEASY") End User License
Agreement
for Unreleased Software accompanies an unreleased (Alpha or Beta)
version
of an TalkEasy software product and related explanatory materials
("Software").
The term Software shall also include any upgrades, modified versions
or
updates of the Software licensed to you by TalkEasy. This copy
of the Software
is licensed to you as the end user. Please read this Agreement
carefully.
TalkEasy grants to you a nonexclusive license to use the Software
for
evaluation and trial use purposes only, provided that you agree
to
the following:
1. Use of the Software.
- You may install the Software in a single location on a hard
disk or other
storage device; install and use the Software on a file server
for use on a
network for the purpose of installation onto hard disks or other
storage
devices or use of the Software over such network; and make backup
copies of
the Software.
- You may make unlimited copies of the Software and give copies
to other
persons or entities so long as (i) the use of such copies is for
evaluation
and trial purposes only and (ii) all copies contain this Agreement
and the
same copyright and other proprietary notices that appear on or
in the
Software.
2. Copyright. The Software is owned by TalkEasy and its suppliers,
and its
structure, organization and code are the valuable trade secrets
of TalkEasy
and its suppliers. The Software is also protected by United States
Copyright Law and International Treaty provisions. You agree
not to modify, adapt,
translate, reverse engineer, decompile, disassemble or otherwise
attempt
to discover the source code of the Software. You may use trademarks
only
to identify printed output produced by the Software, in accordance
with
accepted trademark practice, including identification of trademark
owner's
name. Such use of any trademark does not give you any rights
of ownership
in that trademark. Except as stated above, this Agreement does
not grant
you any intellectual property rights in the Software.
3. Cooperation with Talkeasy. During the term of this Agreement,
you will
provide feedback to TalkEasy regarding testing and use of the
Software,
including error or bug reports.
4. No Warranty. You acknowledge that the Software is a pre release
version, does not represent final product from TalkEasy , and
may contain bugs,
errors and other problems that could cause system failures. Consequently,
the Software is provided to you AS IS, and TalkEasy disclaims
any warranty
or liability obligations to you of any kind. You acknowledge
that TalkEasy
has not promised or guaranteed to you that such Software will
be announced
or made available to anyone in the future, that TalkEasy has no
express or
implied obligation to you to announce or introduce the Software
and that
TalkEasy may not introduce a product similar or compatible with
the Software.
Accordingly, you acknowledge that any research or development
that you
perform regarding the Software or any product associated with
the Software
is done entirely at your own risk. TALKEASY AND ITS SUPPLIERS
DO NOT
AND
CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN
BY USING THE
SOFTWARE OR DOCUMENTATION. TALKEASY AND ITS SUPPLIERS
MAKE NO WARRANTIES,
EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY
RIGHTS,
MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN
NO EVENT
WILL TALKEASY OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY
CONSEQUENTIAL,
INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR
LOST
SAVINGS, EVEN IF AN TALKEASY REPRESENTATIVE HAS BEEN ADVISED
OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD
PARTY.
Some states or jurisdictions do not allow the exclusion or limitation
of incidental, consequential or special damages, or the exclusion
of
implied warranties or limitations on how long an implied warranty
may
last, so the above limitations may not apply to you.
5. Termination of Use. Upon receipt of a later unreleased version
of
the Software or a publicly released commercial version of the
Software,
you agree to destroy all earlier unreleased versions of the Software
received from TalkEasy and to abide by the terms of the End User
License
Agreement for any such later versions of the Software. Notwithstanding
anything in this paragraph to the contrary, if you are located
outside
the United States of America, you agree that you will return or
destroy
all unreleased versions of the Software within thirty (30) days
of the
completion of your testing of the Software if such date is earlier
than
the date for TalkEasy's first commercial shipment of the publicly
released
(commercial) Software.
6. Governing Law and General Provisions. This Agreement will
be governed
by the laws of the State of California, U.S.A., excluding the
application
of its conflicts of law rules. This Agreement will not be governed
by the
United Nations Convention on Contracts for the International Sale
of
Goods, the application of which is expressly excluded. If any
part of
this Agreement is found void and unenforceable, it will not affect
the
validity of the balance of the Agreement, which shall remain valid
and
enforceable according to its terms. You agree that the Software
will
not be shipped, transferred or exported into any country or used
in any
manner prohibited by the United States Export Administration Act
or any
other export laws, restrictions or regulations. This Agreement
shall
automatically terminate upon failure by you to comply with its
terms.
This Agreement may only be modified in writing signed by an authorized
officer of TalkEasy.
7. Notice to Government End Users. If this product is acquired
under
the terms of a: GSA contract- Use, reproduction or disclosure
is subject
to the restrictions set forth in the applicable ADP Schedule contract;
DoD contract- Use, duplication or disclosure by the Government
is subject
to restrictions as set forth in subparagraph (c) (1) (ii) of 252.227-7013;
Civilian agency contract- Use, reproduction, or disclosure is
subject to
52.227-19 (a) through (d) and restrictions set forth in the accompanying
end user agreement.
Unpublished-rights reserved under the copyright laws of the United
States.
TalkEasy.
Please indicate your acceptance or decline of the foregoing Agreement
by
clicking on the appropriate box during installation.
(c) 1996 TalkEasy Consultants. All rights reserved.