ALK Technologies Pocket PC 6 manual License Agreement for Whereis Data, Grant of License

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 MERCHANTABILITY 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 The above limitations may be superseded by law in some jurisdic- tions.

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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License AGREEMENT FOR WHEREIS™ DATA

1. GRANT OF License

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 license to use the mapping data ("Whereis Data") contained in this CD-ROM on the following terms ("License"). The License 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 other infringement of the Licensor's rights in relation to the Whereis Data.The contact details of the Licensor are as follows: Sensis Pty Ltd, 181-189 Victoria Parade, Collingwood,Victoria 3066, Australia.

3. PROPERTY AND OWNERSHIP

All intellectual property rights (including copyright and any trade marks used by the Licensor and Telstra) in and to the Whereis Data are the sole and exclusive property of, or a use under license by, the Licensor (or its licensors). Except to the extent permitted by this License, you do not acquire any intellectual property rights in or to the Whereis Data.

4. EXCLUSION OF LIABILITY

To the extent permitted by law, the Licensor does not make any warranties of any kind, whether express or implied, including any implied warranty of mer- chantability or fitness of the Whereis Data for a particular purpose. Licensor's liability for breach of any condition or warranty implied by statute which cannot be excluded is (to the extent permitted by law) limited to, in the case of the supply of goods, the repair, replacement or re-supply of the goods or of equiva- lent goods or the payment of the cost of repairing or replacing the goods or of acquiring equivalent goods; and in the case of the supply of services, supplying the services again, or the payment of the cost of having the services supplied again, provided that there shall be no such limitation for breach of such a condition or warranty where the relevant law prohibits such limitation.

Subject to this clause 4, the Licensor, its employees, agents and contractors will not be liable (whether in contract, tort or otherwise) to you or any other person for any loss, costs, damage or injury of any kind whatsoever (including incidental or consequential loss) wholly or partly arising out of or in connection with the use of or inability to use the Whereis Data.

5.TERMINATION

The Licensor may terminate the License immediately if you are in breach of any provision of this agreement. Your rights under this agreement cease immedi- ately upon termination of the License and you must immediately cease using the Whereis Data; and at the Licensor's election, return to the Licensor at the details described in clause 2.5 or destroy all materials bearing or containing the Whereis Data and, if required by the Licensor, shall certify that the Whereis Data and all such copies have been returned or destroyed. Termination of the License does not affect any rights or remedies which accrued prior to termination.

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