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- LICENSE AGREEMENT
-
- NetSpeak Corporation WebPhone(R) Version 4.02 License Agreement
-
- BY INSTALLING AND RUNNING THIS SOFTWARE
- PROGRAM YOU ARE AGREEING TO BE BOUND BY
- THE TERMS AND CONDITIONS OF THIS
- AGREEMENT. IF YOU DO NOT AGREE TO THE
- TERMS OF THIS AGREEMENT, DO NOT CONTINUE
- THIS INSTALLATION AND DELETE ANY
- PORTIONS OF THIS SOFTWARE ALREADY
- INSTALLED ON YOUR DISK DRIVE.
-
- LICENSE GRANT
- NetSpeak Corporation ("NetSpeak") grants to you
- a non-exclusive, non-tansferable license under
- Copyrights to use this non-activated, demonstration
- copy of it's WebPhone(R) version 4.02 voice communications
- software product ("Software") on one computer at a time.
- The Software is licensed, not sold. You may reproduce
- and distribute copies of this demonstration version of
- the Software, but not for compensation provided the
- following conditions are met:
-
- (a) This license agreement must accompany the
- Software.
- (b) You may not, or may not permit other
- individuals to: modify, translate, reverse
- engineer, decompile, disassemble, create derivative
- works from the Software, or remove any proprietary
- notices or labels on the Software, including
- copyright, trademark or patent pending notices, or
- export or re-export this Software without the appropriate
- licences from the U.S and/or foreign governments.
-
- SOFTWARE
- NetSpeak reserves the right to at any time to alter
- prices, features, capabilities, functions, licensing
- terms, release dates, general availability or any
- other characteristics of the Software as NetSpeak
- sees fit, or, to terminate this license agreement at
- any time for any reason. If this license is terminated
- for any reason you agree to return or destroy all copies
- of the Software.
-
- TITLE
- Title, ownership rights, and intellectual property
- rights in and to the Software shall remain with
- NetSpeak. The Software is protected by the copyright
- and patent laws of the United States and international
- copyright treaties.
-
- DISCLAIMER OF WARRANTY FOR NON-ACTIVATED SOFTWARE
- If you have not paid an activation fee, the Software is
- provided on an "AS IS" basis, without warranty of any
- kind, including without limitation the warranties of
- merchantability, fitness for a particular purpose and
- non-infringement. The entire risk as to the quality
- and performance of the Software is borne by you. Should
- the Software prove defective, you and not NetSpeak
- assume the entire cost of any service and repair. This
- disclaimer of warranty constitutes an essential part of
- the agreement. Some states do not allow exclusions of
- an implied warranty, so this disclaimer may not apply
- to you and you may have other legal rights that vary
- from state to state or by jurisdiction.
-
- LIMITED WARRANTY FOR ACTIVATED SOFTWARE
- Upon payment of the then current activation fee, NetSpeak
- warrants that the Software will perform substantially
- in accordance with the accompanying documentation for
- a period of thirty (30) days from payment of the
- activation fee. Some states and jurisdictions do not allow
- limitation on the duration of implied warranties, so
- the above limitation may not apply to you. To the extent
- allowed by applicable law, any implied warranties on the
- Software are limited to thirty (30) days.
-
- LIMITED REMEDY FOR ACTIVATED SOFTWARE
- NetSpeak and its suppliers' entire liability and your
- exclusive remedy shall be, at NetSpeak's sole option to
- either (a) refund the activation fee, or (b) repair or
- replace the activated Software that does not meet
- NetSpeak's limited warranty. This limited warranty is
- void if failure of the Software has resulted from
- accident, abuse, or misapplication. Any replacement
- Software under the limited remedy will be warranted for
- the reminder of the original warranty period or
- thirty (30) days, which ever is longer.
-
- LIMITATION OF LIABILITY
- Under no circumstances and under no legal theory, tort,
- contract, or otherwise, shall NetSpeak or any other
- person be liable for any indirect, special, incidental,
- or consequential damages of any character including,
- without limitation, damages for loss of goodwill, work
- stoppage, computer failure or malfunction, or any and
- all other commercial damages or losses even if NetSpeak
- has been advised of the possibility of such damages.
- In no event will NetSpeak be liable for any damages
- whatsoever.
-
- MISCELLANEOUS
- This Agreement represents the complete agreement and
- supersedes all prior agreements and representations
- between the parties. It may be amended only by a
- writing executed by both parties. If any provision of
- this Agreement is held to be unenforceable for any
- reason, such provision shall be reformed only to the
- extent necessary to make it enforceable. This
- Agreement shall be governed by and construed under
- Florida law as such law applies to agreements between
- Florida residents entered into and to be performed
- within Florida, except as governed by Federal law.
- The application the United Nations Convention of
- Contracts for the International Sale of Goods is
- expressly excluded.
-
- US GOVERNMENT RESTRICTED RIGHTS
- Use, duplication or disclosure by the Government is
- subject to restrictions set forth in subparagraphs (a)
- through (d) of the Commercial Computer -Restricted
- Rights clause at FAR 52.227-19 when applicable, or in
- subparagraph (c)(1)(ii) of the Rights in Technical
- Data and Computer Software clause at DFARS
- 252.227-7013, and in similar clauses in the NASA
- FAR Supplement.
-
- NOTICES
- Copyright (c) 1995, 1998 NetSpeak Corporation. All Rights
- Reserved. U.S. and foreign patents pending. NetSpeak,
- WebBoard and WebPhone are registered trademarks of NetSpeak
- Corporation. NetSpeak logo, Itel, The Art of Sound
- Communication, Mini WebPhone and WebPhone Home are trademarks
- of NetSpeak Corporation. All other product, service and
- company names are trademarks or registered trademarks of
- their respective owners.
-
- This Software is intended for encoding and transmission of
- data on computer networks and is licensed under one or more
- of the following U.S patents: 5,544,278, 5,568,588, 5,444,816
- and 4,932,061.
-
- Contains elemedia (TM) SX5363S speech codec software technology
- from Lucent Technologies. elemedia (TM) SX5363S speech codec
- copyright (c) 1996-1998 Lucent Technologies, Inc. elemedia is
- a trademark of Lucent Technologies Inc.
-
- Portions of this software are (c) 1998 RADVision Ltd.