NOTICE TO THE USER: BY SELECTING THE "YES" BUTTON AT THE BOTTOM OF THE AGREEMENT YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND THE INSTALL WILL CONTINUE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, CANCEL THE INSTALL BY SELECTING THE "NO" BUTTON.
1. LICENSE GRANT. Eloquent, Inc. ("Eloquent") grants to you a limited, non-exclusive, nontransferable, royalty-free license to use one copy of the executable code of the Eloquent software contained on this CD-ROM (collectively "Software") on only a single computer at any time. You may not rent, lease, sell, sublicense, assign, or otherwise transfer the Software, including any accompanying printed materials, nor may you create derivative works of or otherwise modify the Software. You may not reverse engineer, decompile or otherwise disassemble the Software except to the extent that this restriction is expressly prohibited by applicable law. This license will terminate automatically if you do not comply with the terms of this Agreement.
2. TITLE. You acknowledge that title and full ownership rights to the Software will remain the exclusive property of Eloquent or its suppliers, and you will not acquire any rights to the Software except as expressly set forth above.
3. SOFTWARE MAINTENANCE. Eloquent is not obligated to provide maintenance or updates to you for the Software unless agreed to under separate agreement.
4. DISCLAIMER. THE SOFTWARE IS LICENSED "AS IS," WITHOUT WARRANTY OF ANY KIND. ELOQUENT EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOU ASSUME THE ENTIRE RISK AS TO QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU, AND NOT ELOQUENT, ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIR AND ANY OTHER COSTS, DAMAGES OR LIABILITIES RELATED THERETO. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
5. DATA DISCLAIMER. This product is made up of Software plus data comprised of statements and information provided by the sponsor and provider of this product ("Sponsor"). Any statements or information contained in this product are solely those of the Sponsor or of the individuals depicted in this product, and not of Eloquent. Eloquent will have no responsibility for any such statements or other information.
6. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL ELOQUENT OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION, ARISING OUT OF THIS AGREEMENT OR USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ELOQUENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. EXPORT. You agree that you will not export or re-export the Software without the appropriate United States and foreign government licenses and you shall otherwise comply with all applicable export control laws.
8. GOVERNMENT END USERS. The Software is comprised 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 Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227-7202-1 (JUN 1995) and 227.7202-3 (JUN 1995).
9. GOVERNING LAW. This Agreement will be governed by the laws of the State of California without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed.
10. GENERAL. To the extent the Software contains software from third party suppliers, such suppliers are third party beneficiaries of this Agreement. You agree that this is the entire agreement between you and Eloquent with respect to the use of the Software which supersedes any prior agreement, whether written or oral, and all other communications between the parties relating to the subject matter of this Agreement. In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.
