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- BY CLICKING ON ONE OF THE 'ACCEPT' BUTTONS BELOW OR CONTINUING TO
- USE THE ENCLOSED SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THE
- TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS
- OF THIS AGREEMENT, CLICK ON THE 'REJECT' BUTTON AND THE
- INSTALLATION PROCESS WILL TERMINATE.
-
- F r e e T e l (tm)
- END-USER LICENSE AGREEMENT
-
- THIS SECTION IS APPLICABLE TO FreeTel:
-
- GRANT: FreeTel Communications, Inc., ("FREETEL") hereby grants
- you a non-exclusive license to use its accompanying FreeTel
- software product ("SOFTWARE") free of charge for the purpose of
- evaluating whether to purchase a FreeTel+ Registration Code. The
- evaluation period for use by or on behalf of a commercial entity
- is limited to 30 days; evaluations by others is not subject to
- this restriction.
-
- COMMERCIAL ENTITY: A "commercial entity" includes, without
- limitation, a corporation, firm, association, partnership, sole
- proprietorship, government institution, educational institution,
- non-profit, religious, or charitable organization, crown
- corporation, or trust.
-
-
- THIS SECTION IS APPLICABLE TO FreeTel+:
-
- GRANT: If you have purchased a FreeTel+ Registration Code (or
- you have purchased FreeTel+ as part of a bundle or separately),
- FreeTel Communications, Inc., ("FREETEL") hereby grants you a
- non-exclusive license to use its accompanying FreeTel and
- FreeTel+ software product ("SOFTWARE") in accordance with the
- terms of this agreement.
-
-
- THE REMAINING SECTIONS ARE APPLICABLE TO ALL PRODUCTS:
-
- USE: You may use this SOFTWARE on one computer system. You may
- permit others to use this SOFTWARE on that one computer system
- only, provided you do not charge a fee. You agree not to use the
- SOFTWARE in any manner that is illegal, unethical, harassing,
- threatening, obscene, or a nuisance.
-
- NO DISTRIBUTION: You are not permitted to make the SOFTWARE
- available on a network server, nor distribute the SOFTWARE to
- other parties. However, you may tell them how to download a free
- copy of FreeTel from http://www.freetel.com or even provide a Web
- link to the site.
-
- RESTRICTIONS: You may not modify, translate, reverse engineer,
- decompile, disassemble (except to the extent applicable laws
- specifically prohibit such restriction), or create derivative
- works based on the SOFTWARE, rent, lease, or otherwise transfer
- the rights to the SOFTWARE; or remove any proprietary notices on
- the SOFTWARE. You may not make copies of the SOFTWARE except for
- archival purposes.
-
- TITLE: Title, ownership, and intellectual property rights in and
- to the SOFTWARE shall at all times remain in FREETEL. The
- SOFTWARE is protected by the copyright laws of the United States
- and by international copyright treaties.
-
- DISCLAIMER OF WARRANTY: THE SOFTWARE IS PROVIDED ON AN
- "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING
- WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY
- AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY
- OF NON-INFRINGEMENT. SOME STATES DO NOT PERMIT
- 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.
-
- LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL
- FREETEL, ITS SUPPLIERS, OR RESELLERS BE LIABLE FOR ANY
- INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY
- LIABILITY IN TORT, CONTRACT, OR OTHER LEGAL THEORY, FOR
- COMPUTER FAILURE OR MALFUNCTION, BUSINESS INTERRUPTION,
- LOSS OF PROFITS, LOSS OF GOODWILL, OR ANY OTHER
- COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF YOUR USE OR
- INABILITY TO USE THE SOFTWARE, EVEN IF FREETEL HAS BEEN
- ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
- EVENT SHALL FREETEL BY LIABLE FOR ANY DAMAGES IN EXCESS
- OF ONE HUNDRED DOLLARS.
-
- TERMINATION: The license will terminate automatically if you
- violate any of the provisions of this agreement. On termination,
- you must destroy all copies of the SOFTWARE.
-
- EXPORT CONTROLS AND INTERNATIONAL RESTRICTIONS: You are not
- permitted to export, download, or use the SOFTWARE in Switzerland
- or any country, state, or jurisdiction that restricts the use of
- the SOFTWARE. You are not permitted to export or download the
- software into Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran,
- Syria or any other country to which the U.S. has embargoed goods.
-
- MISCELLANEOUS: This agreement represents the entire agreement
- concerning this license between the parties and supersedes all
- prior agreements and representations. It may be amended only by
- written agreement. If any provision in this agreement is held to
- be unenforceable for any reason, such provision shall be modified
- only to the extent necessary to make it enforceable. This
- agreement shall be governed and construed under California law as
- such law applies to agreements between California residents
- entered into and to be performed within California, except as
- governed by Federal law. The application of the United Nations
- Convention of Contracts for the International Sale of Goods is
- expressly excluded.
-
- U.S. GOVERNMENT RESTRICTED RIGHTS: The SOFTWARE and
- documentation are provided with Restricted Rights. Use,
- duplication, or disclosure by the Government is subject to
- restrictions set forth in subparagraph (c)(1) of the Rights in
- Technical Data and Computer Software clause at DFARS 252.227-7013
- or subparagraphs (c)(1)(ii) and (2) of Commercial Computer
- Software - Restricted Rights at 48 CFR 52.227-19, as applicable.
- Supplier is FreeTel Communications, Inc., 540 N. Santa Cruz Ave.,
- Suite 290, Los Gatos, CA 95030.
-
- END OF AGREEMENT.
-
- Should you have any questions concerning this agreement, or would
- like to contact us for any reason, please write to FreeTel
- Communications, Inc., 540 N. Santa Cruz Ave., Suite 290, Los
- Gatos, CA 95030.
-
- The SOFTWARE is Copyright (C) 1996 FreeTel Communications, Inc.
-