fication or addition to this warranty. Some jurisdictions do not allow the exclu- sion or limitation of implied warranties or limitation of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
4. Licencee's Responsibility:
You assume all responsibility for, and ALK shall not be liable for, all action taken, decisions made, and advice given as a result of your use of the Software.
5. General:
The export or re-export of the Software may be restricted by the laws of the United States and other countries, and you shall not export this Software in vio- lation of any such applicable laws. This Licence Agreement is governed by the laws of the State of New Jersey.
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Software Licence Agreement for FONIX TEXT TO SPEECH ENGINE
IMPORTANT! READ THIS LICENCE AGREEMENT BEFORE OPENING THIS SOFTWARE PACKET. BY OPENING THE SEALED PACKET OR USING THE SOFTWARE,YOU INDICATE YOUR ACCEPTANCE OF THE ENTIRE AGREE- MENT.
SOFTWARE LICENCE AGREEMENT
This Agreement is a legal agreement between you and Fonix Corporation ("Fonix"), but may be superseded by a separate licence agreement that you and Fonix have signed. The software in this packet ("Software") and its media and documentation (collectively, the "Product") are protected by copyright and other intellectual property laws and international treaties. You have no title to, or own- ership of, the Product, other than its physical media. Fonix reserves all rights not specifically granted in this Agreement.
USE AND RESTRICTIONS:You may operate the Software on only one computer. However, if you have purchased a network or multiple-user licence, you may load and use as many single-use copies and/or support as many concurrent users, in the aggregate, as are authorized by such licence. You may make only one copy of the Software, retaining the Fonix CD or other media for storage and back-up purposes. The Software does not include updates, maintenance, or support, which may be separately available. This Software and its voice output are for your personal, individual use only. You are not permitted to broadcast or distrib- ute the voice output of the Software (i.e., synthesized speech) to more than one person or to use the Software's voice output for any commercial purposes. You may not modify, adapt, translate, rent, lease, loan, resell for profit, distribute, net- work, or create derivative works based on any part of the Software. You may not reverse engineer, decompile, or disassemble the Software.
LIMITED WARRANTY: Fonix warrants that the Product's physical media will be, | |
under normal use, free from defects in material and workmanship for one | - 107 - |
year from the date you purchased it. Fonix's entire liability, and your exclusive remedy under this warranty, will be replacement of the defective media without charge. EXCEPT FOR THIS LIMITED WARRANTY, FONIX MAKES NO WAR-
RANTIES, EXPRESS OR IMPLIED,AND DISCLAIMS ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Fonix does not warrant that the product is entirely error-free. FONIX'S TOTAL LIA-
BILITY FOR ANY CLAIM OR DAMAGE ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE SHALL BE LIMITED TO DIRECT DAM- AGES,WHICH SHALL NOT EXCEED THE LICENCE FEE YOU PAID. IN NO EVENT SHALL FONIX BE LIABLE FOR LOST PROFITS, LOST DATA, INTER- RUPTIONS OF BUSINESS, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFT- WARE, REGARDLESS OF WHETHER FONIX HAS NOTICE OF THE POTEN- TIAL FOR SUCH LOSS OR DAMAGE. The above limitations may be superseded by law in some jurisdictions.
U.S. GOVERNMENT RESTRICTED RIGHTS:The Software and any accompanying materials are provided with Restricted Rights. Use, duplications, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227- 7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software- Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is Fonix Corporation at 1225 Eagle Gate Tower, 60 East South Temple St., Salt Lake City, Utah 84111.
GENERAL: If any term of this Agreement is found void or unenforceable, all other terms shall remain in full force and effect. This Agreement shall be governed by the internal laws of Utah. If you breach any term of this Agreement, Fonix may terminate this licence and you must return all copies of the Product to Fonix.
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LICENCE AGREEMENT FOR WHEREIS™ DATA
1. GRANT OF LICENCE
Telstra Corporation Limited (ABN 33 051 775 556) ("Telstra") through its agent Sensis Pty Ltd (ABN 30 007 423 912) ("Licensor") grants you a non-exclusive, non-transferable licence to use the mapping data ("Whereis Data") contained in this CD-ROM on the following terms ("Licence"). The Licence commences when you click on the "I Agree" button at the end of these terms and continues until terminated in accordance with this agreement.
2. RIGHTS OF USE
You may only use the Whereis Data for your own personal use. You may only install and use the Whereis Data on one device at any one time. You must not copy, reverse engineer, adapt, modify, distribute, publish in any form or permit any other person to use or deal with the whole or any part of the Whereis Data. You must use reasonable steps to prevent any unauthorised copying or use of the Whereis Data; and immediately notify the Licensor if you become aware of any unauthorised copying or use of the Whereis Data by any person or of any