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LICENSE.TXT
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1996-08-16
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LICENSE AGREEMENT
NetSpeak Corporation WebPhone(TM) Version 2.01 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
license under Copyrights to use its WebPhone(TM) version 2.01
voice communications software product ("Software"). You may reproduce
and distribute copies 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.
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.
TITLE
Title, ownership rights, and intellectual property rights in and to
the Software remain with NetSpeak. The Software is protected by
the copyright and patent laws of the United States and international copyright
treaties.
DISCLAIMER OF WARRANTY
Since the Software is provided free of charge, 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-in fringement. 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.
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.