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- 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.
-