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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.