home *** CD-ROM | disk | FTP | other *** search
- SOFTWARE LICENSE AGREEMENT WITH END-USER
-
- COPYRIGHT 1996 IRIS Systems. All rights reserved.
-
- BY DOWNLOADING AND INSTALLING THIS SOFTWARE ON A COMPUTER AND
- RUNNING THE PROGRAM(S), YOU ARE AGREEING TO BE BOUND BY, AND
- YOU BECOME A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE
- TO BE BOUND BY THE TERMS OF THIS AGREEMENT, DELETE ANY AND
- ALL PORTIONS OF THIS SOFTWARE ALREADY INSTALLED ON YOUR DISK DRIVE.
-
- Grant of License : IRIS Phone Trial Version License Agreement.
- IRIS Systems ("IRIS") grants to you a non-exclusive license to use
- its IRIS Phone - internet voice communications software product
- ("Software"). You may freely distribute copies of the Software
- provided the following conditions are met:
-
- (a) This License Agreement must accompany the Software.
- (b) You shall not, and you shall not permit other individuals to:
- modify, translate, reverse engineer, decompile, disassemble or
- create derivative works based on the Software, or remove any
- proprietary notices or labels on the Software.
-
- Reservation of Rights : IRIS Systems reserves the right to alter
- prices, features, capabilities, functions, licensing terms, release
- dates, general availability or any other characteristics of the
- commercial versions at any time as IRIS Systems sees fit.
-
- Software Title : All Title, ownership rights, and intellectual
- property rights in and to the Software shall remain in IRIS Systems.
- The Software is protected by the copyright laws of the United States
- and all 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, fitness for a particular
- purpose and non-infringement. The entire risk as to the quality
- and performance of the Software is borne by you. Should the
- Software prove defective, you and not IRIS Systems assume
- the entire cost of any service and repair. This disclaimer
- of warranty constitutes an essential part of the agreement.
- Some jurisdictions 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 IRIS Systems
- or any other person be liable for any direct, 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. In no event will IRIS Systems be liable for
- any damages whatsoever.
-
- Complete Agreement : This Agreement represents the complete
- agreement between the parties, 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 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 under this agreement. 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.
-
- YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND
- AGREE TO BE BOUND BY ITS TERMS.