End-User License Agreement for WillowPHONE software from Willow Pond Corporation
IMPORTANT: Please read this software license agreement carefully before using the software (the Software). By using the Software, you agree to be bound by the terms and conditions stated below. If you do not agree with the terms of this license, promptly delete the Software from your system.
SOFTWARE SUPPLIERS. For purposes of this End-User License Agreement, the SOFTWARE SUPPLIERS are Willow Pond Corporation and all parties providing Willow Pond Corporation with software components for inclusion in or with the Willow Pond Corporation Software. The SOFTWARE SUPPLIERS are owners of copyrights and other proprietary rights in the enclosed licensed Software and Documentation. Title to the Software and Documentation remain with the SOFTWARE SUPPLIERS, and does not pass to the Licensee or other parties.
1. License. You may use the Software on as many computers as you want. You may copy the Software for backup purposes and distribute it freely as long as the distribution makes use of the originally provided self-installer from Willow Pond and that the software is distributed freely. No resale or commercial exploitation of any kind is permitted without the express written permission of Willow Pond. The rights and limitations under this Agreement shall transfer to any party in receipt of the Software.
2. Restrictions. You may not use, copy, modify, or transfer the Software, or any copy, in whole or in part, except as expressly provided for in this Agreement. You may not reverse engineer, reverse compile, disassemble, or decompose the Software. You may not rent, lease, loan, resell, distribute, or network the Software. You may not use any portions of the Software separately from the entire set of Software. You may not use the product beyond its intended evaluation deadline or expiration date, if any.
3. Termination. The License is in effect until terminated. The License will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation.
4. Guaranty and Disclaimer or Warranty for purchased copies. THE SOFTWARE SUPPLIERS warrant to the original Licensee that the media on which the Software is recorded is free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of delivery as evidenced by a copy of the receipt and/or shipping papers. Further, THE SOFTWARE SUPPLIERS hereby limit the duration of any implied warranty on the media to the period stated above. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. If the Software was provided to you electronically, the above limitation does not apply to you. If the Software was provided as "freeware", the above limitation does not apply to you.
EXCEPT FOR THE FOREGOING, THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FURTHER, THE SOFTWARE SUPPLIERS DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE YOU, AND NOT THE SOFTWARE SUPPLIERS OR THEIR DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
5. Limitations of Remedies. THE SOFTWARE SUPPLIERS' entire liability and your exclusive remedy as to the media (if applicable in your circumstance) shall be replacement of the media that does not meet THE SOFTWARE SUPPLIERSÆ limited warranty and which is returned to THE SOFTWARE SUPPLIERS in good condition with a copy of the receipt or warranty. If a failure of the media has resulted from accident, abuse or misapplication, THE SOFTWARE SUPPLIERS shall have no Responsibility to replace the media or refund the purchase price. Any replacement media will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
THE ABOVE ARE THE ONLY WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THAT ARE MADE BY THE SOFTWARE SUPPLIERS ON THIS PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE SOFTWARE SUPPLIERS, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
NEITHER THE SOFTWARE SUPPLIERS NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE SUCH PRODUCT EVEN IF THE SOFTWARE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6. Government License. The Software is a commercial item, as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of commercial computer software and commercial computer software documentation, as such terms are used in 48 C.F.R. 12.212 (SEPT 1995), and is provided to the U.S. Government only as a commercial end item. Government end users acquire the Software and Documentation under the following terms: (I) for acquisition by or on behalf of civilian agencies, consistent with the terms set forth in 48 C.F.R. 12.212 (SEPT 1995); or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the terms set forth in 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995).
Willow Pond, WillowMEDIA, WillowTALK, WillowPHONE, ScriptTalker, DocTalker, NoteTalker, Marina, Media Rack, Wave Shaper, Presto Arranger, Personal Effects, Media Launcher, and Karaoke Arranger are trademarks of Willow Pond Corporation.
DECtalk is a trademark of Digital Equipment Corporation.
Other product or brand names mentioned are copyrights, trademarks or registered trademarks of their respective holders.
