Licensees Responsibility, General | ALK Technologies Pocket PC 5

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4. Licensee'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. US Government Restricted Rights:

The Software and documentation are provided with restricted and limited rights. Use, duplication, or disclosure by the Government is subject to restrictions set forth in subparagraphs (c) (1) and (2) of the Commercial Computer Software- Restricted Rights clause at 48 CFR 52.227-19, as applicable. Manufacturer is ALK Technologies, Inc., 1000 Herrontown Road, Princeton, NJ 08540.

6. 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 License Agreement is governed by the laws of the State of New Jersey.

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Disclosure for products containing Canadian Postal Code and/or Canadian Street-Level Data:

Based on Computer File(s) licensed from Statistics Canada. © Copyright, HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Minister of Industry, Statistics Canada 2004. ALK Technologies, Inc. is an Authorized User of selected Statistics Canada Computer File(s) and Distributor of derived Information Products under Licensing Agreement 6147. No confidential informa- tion about an individual, family, household, organisation or business has been obtained from Statistics Canada.

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Software License Agreement for FONIX TEXT TO SPEECH ENGINE

IMPORTANT! READ THIS LICENSE 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 LICENSE AGREEMENT

This Agreement is a legal agreement between you and Fonix Corporation ("Fonix"), but may be superseded by a separate license agreement that you and Fonix have signed.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 license, 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 license. 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 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 WARRANTIES, EXPRESS OR IMPLIED,AND DISCLAIMS ANY IMPLIED WARRANTY OR MER- CHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Fonix does not warrant that the product is entirely error-free. FONIX'S TOTAL LIABILITY FOR ANY CLAIM OR DAMAGE ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE SHALL BE LIMITED TO DIRECT DAMAGES,WHICH SHALL NOT EXCEED THE LICENSE FEE YOU PAID. IN NO EVENT SHALL FONIX BE LIABLE FOR LOST PROFITS, LOST DATA, INTERRUPTIONS OF BUSINESS, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, REGARDLESS OF WHETHER FONIX HAS NOTICE OF THE POTENTIAL 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 license and you must return all copies of the Product to Fonix.

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