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LICENSE.TXT
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1995-06-10
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7KB
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113 lines
SOFTWARE LICENSE AGREEMENT AND LIMITED WARRANTY
READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT
CAREFULLY BEFORE USING THE INTERNET PHONE(tm) SOFTWARE.
THE PROGRAM IS COPYRIGHTED AND LICENSED (NOT SOLD).
BY PRESSING THE "YES" BUTTON, YOU INDICATE YOUR ACCEPTANCE
TO THE TERMS AND CONDITIONS BELOW. THIS LICENSE AGREEMENT
REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PROGRAM
BETWEEN YOU AND VOCALTEC LTD. (REFERRED TO AS "LICENSOR"),
AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION,
OR UNDERSTANDING BETWEEN THE PARTIES.
1. License Grant. Licensor hereby grants to you, and you accept, a
nonexclusive nontransferable license to use the Program , in object code form
only, and the accompanying User Documentation (collectively referred to as the
"Software") only as authorized in this License Agreement. The terms and
conditions of this Agreement shall govern use of the Software for an
evaluation period of seven (7) days, and for all use of the Software
thereafter. The Software may be used only on a single computer owned, leased,
or otherwise controlled by you, or in the event of the inoperability of that
computer, on a backup computer selected by you. Neither concurrent use on two
or more computers nor use in a network is permitted without separate
authorization and the payment of other license fees. The Product is licensed
for your internal use and the Product or any derivative or by-product of the
Product may not be used by, sub-licensed, re-sold, rented or distributed to
any other party. You agree that you will not assign, sublicense, transfer,
pledge, lease, rent, or share your rights under this License Agreement. You
agree that you may not reverse assemble, reverse compile, or otherwise
translate the Software. Upon loading the Software into your computer, you may
retain the Program diskettes for backup purposes. In addition, you may make
one copy of the Software on a second set of diskettes for the purpose of
backup in the event the Program diskettes are damaged or destroyed. You may
make one copy of the User's Manual for backup purposes. Any such copies of the
Software or the User's Manual shall include Licensor's copyright and other
proprietary notices. Except as authorized under this paragraph, no copies of
the Program or any portions thereof may be made by you or any person under
your authority or control.
2. Licensor's Rights. You acknowledge and agree that the Software and the
User's Manual are proprietary products of Licensor protected under U.S. and
international copyright, trademark, trade secret and patent laws. You further
acknowledge and agree that all right, title, and interest in and to the
Program, including associated intellectual property rights, are and shall
remain with Licensor. This License Agreement does not convey to you an
interest in or to the Program, but only a limited right of use revocable in
accordance with the terms of this License Agreement. The provisions of the
paragraph shall survive termination of this Agreement.
3. Term. This License Agreement is effective upon your opening of this
package and shall continue until terminated. You may terminate this License
Agreement at any time. Licensor may terminate this License Agreement at any
time and without notice upon the breach by you of any term hereof. Upon
termination, you agree to return to Licensor the Program and all copies and
portions thereof.
4. Limited Warranty. Licensor warrants, for your benefit alone, for a period
of sixty (60) days from the date of commencement of this License Agreement
(the "Warranty Period") that the Program diskettes are free from defects in
material and workmanship. Licensor further warrants, for your benefit alone,
that during the Warranty Period the Program shall operate substantially in
accordance with the functional specifications in the User's Manual. If during
the Warranty Period, a defect in the Program appears, you may return the
Program to Licensor for either replacement or, if so elected by Licensor,
refund of amounts paid by you under this License Agreement. You agree that the
foregoing constitutes your sole and exclusive remedy for breach by Licensor of
any warranties made under this Agreement. EXCEPT FOR THE WARRANTIES
SET FORTH ABOVE, THE PROGRAM, AND THE SOFTWARE CONTAINED
THEREIN, ARE LICENSED "AS IS," AND LICENSOR DISCLAIMS ANY AND
ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. Licensor shall have the
right, but not the obligation, to defend or settle at its option, any action
at law against You arising from a claim that your permitted use of the Product
and this Agreement infringes any patent, copyright or other ownership rights
of a third party. You agree to provide to Licensor written notice of any such
claim within ten (10) days of your notice thereof and provide reasonable
assistance in its defense. Licensor has sole discretion and control over such
defense, unless it declines to defend or settle, in which case You are free to
pursue any alternative You may have.
5. Limitation of Liability. Licensor's cumulative liability to you or any
other party for any loss or damages resulting from any claims, demands, or
actions arising out of or relating to this Agreement shall not exceed the
license fee paid by you to Licensor for the use of the Program. In no event
shall Licensor be liable for any indirect, incidental, consequential, special,
or exemplary damages or lost profits, even if Licensor has been advised of the
possibility of such damages. SOME STATES DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
6. Trademark. VOCALTEC and INTERNET PHONE are registered trademarks of
Licensor. No right, license, or interest to such trademark is granted, and you
shall not assert any right, license, or interest with respect to such
trademark.
7. Miscellaneous. This License Agreement shall be governed in accordance
with the laws of the State of Israel. The United Nations Convention on
Contract for the International Sale of Goods is expressly excluded. Licensor
may bring suit in any court of competent jurisdiction, to seek relief for any
breach or any infringement by You or any party for whom You are responsible.
If any action is brought by either party to this License Agreement against the
other party, the prevailing party shall be entitled to recover, in addition to
any other relief granted, reasonable attorney fees and expenses of litigation.
Should any term of this License Agreement be declared void or unenforceable
by any court of competent jurisdiction, such declaration shall have no effect
on the remaining terms hereof. The failure of either party to enforce any
rights granted hereunder or to take action against the other party in the
event of any breach hereunder shall not be deemed a waiver by that party as to
subsequent enforcement of rights or subsequent actions in the event of future
breaches.