This is a legal License Agreement between you, as licensee, and Oleg Afonin, the AUTHOR. Upon receipt of your application indicating that you have read, understood, and agree to be bound by the terms of this License Agreement and upon acceptance of such application by AUTHOR, AUTHOR shall license to you Advanced Call Center - Advanced Caller ID, Telephone Answering Machine software for voice modems (the "Software Program").
BY DOWNLOADING AND RUNNING THE SOFTWARE PROGRAM YOU ARE CONSENTING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS IN THIS LICENSE AGREEMENT. YOU ASSUME ALL RISK WITH RESPECT TO THE SOFTWARE PROGRAM AND ACKNOWLEDGE THAT THE SOFTWARE PROGRAM IS NOT MARKETED FOR GENERAL USE, MAY HAVE DEFECTS OR DEFICIENCIES, AND THAT CERTAIN FEATURES AND FUNCTIONS IN SUCH SOFTWARE PROGRAM MAY NOT BE IN SUBSEQUENT RELEASES.
1. GRANT OF LICENSE.
AUTHOR grants to you a non-exclusive, non-transferable license to use the Software Program for the term of this License Agreement.
You may use the Software Program on any single computer and copy the Software Program for archival purposes only, provided the copy contains all of AUTHOR's proprietary notices. You may not permit other individuals to use the Software Program except pursuant to the terms and conditions herein, reverse assemble, decompile, modify or create derivative works based on the Software Program, copy the Software Program except as provided above, rent, lease, assign or otherwise transfer any rights with respect to the Software Program or remove any proprietary notices on such Software Program. You agree that pursuant to this Agreement, AUTHOR may request certain information with respect to the Software Program and the performance of such Software Program.
AUTHOR, AT ITS SOLE OPTION, MAY RELEASE, CANCEL, AND/OR MODIFY SUCH SOFTWARE PROGRAM.
2. TERM AND TERMINATION.
This License Agreement shall commence on the date you install the Software Program and continue until the termination of this License Agreement by AUTHOR for breach by you of any of the terms and conditions herein.
If you elect to obtain a license for the Software Program, such Software Program shall be provided to you at AUTHOR's then current terms, conditions and license fees. By registering the program it is understood that you have evaluated the software thoroughly and have found it satisfactory for your needs.
3. TITLE.
Each Software Program and the information it contains, any updates and all copies are AUTHOR's or AUTHOR's licensors' property and title to such Software Program remains in AUTHOR or such licensors. All applicable rights in patents, copyrights and trade secrets in the Software Program are and shall remain in AUTHOR or AUTHOR's licensors.
4. DISCLAIMER OF WARRANTY.
Since the Software Program is provided free of charge, such Software Program is provided on an AS-IS basis, without warranty of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose and/or non-infringement. Any and all risk as to the quality and/or performance of the Software Program shall be borne by you and you assume all costs with respect to any service or repair.
Licensor provides reasonable requested service or repair at LicensorÆs then prevailing prices, terms, and conditions. Any security mechanisms effected and/or implemented by the Software Program has inherent limitations and you agree that you shall determine if the Software Program sufficiently meets your requirements.
5. LIMITATION OF LIABILITY.
IN NO EVENT SHALL AUTHOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT SHALL AUTHOR BE LIABLE FOR ANY DAMAGES IN EXCESS OF AUTHOR'S THEN CURRENT LIST PRICE FOR A LICENSE FOR SUCH SOFTWARE PROGRAM, EVEN IF AUTHOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR PERSONAL INJURY OR DEATH TO THE EXTENT PROVIDED BY APPLICABLE LAW.
SOME STATES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
6. MISCELLANEOUS.
This License Agreement represents the entire and exclusive agreement between the parties and supersedes any and all prior agreements and communications with respect to the subject matter. The terms of this License Agreement shall apply notwithstanding any proposed variations or additions contained in any purchase order or other communication submitted by you. This License Agreement shall be governed by the laws of Russia.
This License Agreement is a legal agreement between you (either an individual or a single entity) and Aureate Media Corporation ("Aureate Media") for use of the AdSoftware System, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT, this software"). "SOFTWARE PRODUCT" also includes, and this Agreement also governs, any later release or update of the AdSoftware System which Aureate Media makes generally available without additional charge of licenses or your release or the SOFTWARE PRODUCT, and any copy of the SOFTWARE PRODUCT made in accordance with this Agreement. By downloading, installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this License Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, ABORT THE INSTALLATION AND REMOVE THIS AND RELATED SOFTWARE FROM YOUR COMPUTER SYSTEM IMMEDIATELY.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
This SOFTWARE PRODUCT is "advertiser supported software," meaning that some or all of the costs associated with the development and distribution of this SOFTWARE PRODUCT is recuperated through the use of advertisements displayed in the software product. These advertisements are delivered via the Internet and will be downloaded from the servers of Aureate Media or their subcontractors, partners, or other authorized parties. By using this software, you agree that you understand that this software will connect to the Internet UBIQUITOUSLY to download advertisement and/or to provide software updates. You also accept responsibility for any network usage costs or any other costs incurred by using this software.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, documentation, media, online documentation, text, and "web integration" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Aureate Media or its authorized agents. As a licensee, you own the media on which the SOFTWARE PRODUCT is recorded, but Aureate Media and all Third Party Suppliers retain title and ownership to the SOFTWARE PRODUCT recorded on the media and all copyright and other intellectual property rights therein. This license is not a sale of the software or any copy. Except as may be required under applicable law, you agree not to alter, decompile, disassemble, or reverse engineer the SOFTWARE PRODUCT, in whole or in part, whether for error correction or otherwise. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions.
You agree not to alter, remove or obscure any copyright notices or other proprietary notices on and in the software.
LIMITED WARRANTY
NO WARRANTIES. - Aureate Media EXPRESSLY DISCLAIMS ANY WARRANTY for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk
arising out of use or performance of the SOFTWARE PRODUCT remains with you.
NO LIABILITY FOR DAMAGES. In no event shall Aureate Media or its suppliers be liable for any 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 this SOFTWARE PRODUCT, EVEN IF AUREATE MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
