Legal Agreement

GRANT OF EVALUATION LICENSE:

Vendor hereby grants to Licensee and Licensee hereby accepts a temporary, non-exclusive, non-transferable license for use of the Digiphone®, Ver 1.03 or DigiPhone for Mac program for the purpose of evaluation in order to determine whether Licensee would like to enter into a permanent license for the software product. The grant of the right to use the software product shall be on an "AS IS" basis.

TERM: EXPIRATION OF SOFTWARE PRODUCT:

The Evaluation License granted herein shall be for a period not to exceed thirty (30) days from the date of the download ("Evaluation Period"), provided, however, that Vendor may, in its sole discretion, terminate this Evaluation License at any time upon written notice to Licensee. LICENSEE ACKNOWLEDGES THAT THE SOFTWARE PRODUCT HAS BEEN PROGRAMMED TO CEASE FUNCTIONING THIRTY (30) DAYS AFTER THE DOWNLOAD.

NO WARRANTY:

THE SOFTWARE PRODUCT AND THE MEDIA ON WHICH IT IS PROVIDED ARE LICENSED ON AN "AS IS" BASIS. VENDOR MAKES NO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

DISCLAIMER OF LIABILITY:

VENDOR SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER WITH RESPECT TO THE USE OR OPERATION OF THE SOFTWARE PRODUCT, WHETHER DIRECT, SPECIAL, CONSEQUENTIAL, COLLATERAL, OR INCIDENTAL, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, LOSS OF USE OR INTERRUPTION OF BUSINESS.

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