You are not permitted to use the Software for motor-carrier tariff or routing purposes.

Electronic reproduction and transmission of output to remote locations are not permitted.

ALK retains all rights not expressly granted. Nothing in this License Agreement constitutes a waiver of ALK's rights under the U.S. copyright laws or other appli- cable copyright laws or any other federal or state law.

2.Term:

This License is effective upon receipt by you of the Software and upon opening the package. The License is effective until terminated. You may terminate this License at any time by returning all copies of the Software, and any portions thereof, to ALK. The License terminates automatically if you fail to comply with any of the terms of this License Agreement. You agree upon such termination to return or destroy this CD-ROM and all other copies of the Software and certify in writing to ALK that you have done so.

3. Limited Warranty:

ALK warrants that all media on which the Software is furnished shall, for a period of 90 days from delivery (the "Warranty Period") be free, in normal use, from defects in material and workmanship. ALK will have no responsibility to replace any disc(s) that have been damaged by accident, abuse, or misapplication.

Customer Remedies: ALK's entire liability and your exclusive remedy shall be, at ALK's option, either (a) return of the price paid or (b) replacement of the media that does not meet ALK's Limited Warranty, and that is returned to ALK with a copy of your receipt.

Except as specifically provided above, ALK MAKES NO OTHER WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED,WITH RESPECT TO THE SOFTWARE OR DOCUMENTATION, INCLUDING ANY WARRANTY AS TO THE QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL ALK BE LIABLE FOR DIRECT DAMAGES IN EXCESS OF THE License FEE OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL ALK'S LIABILITY EXCEED THE AMOUNT OF THE License FEE.

While the information contained in the Software was believed to have been cor- rect at the time of publication, ALK cannot guarantee its accuracy and shall not be subject to liability for any errors or omissions. Information in the Software and its accompanying preprinted materials is subject to change without notice and does not represent a commitment or endorsement on the part of ALK. Routes and miles generated by the Software are not suitable for commercial truck use.

THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. No ALK dealer, distributor, agent, or employee is authorized to make any modifica- tion or addition to this warranty. Some jurisdictions do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or conse- quential damages, so the above limitation or exclusion may not apply to you.

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. 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 violation of any such applicable laws. This License Agreement is governed by the laws of the State of New Jersey.

-------------------------------------------------------------------------------------

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 AGREEMENT.

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-

- 53 -

Page 55
Image 55
ALK Technologies Pocket PC 6 manual Term