MP3 PLAYER SOFTPHONE .NET 9.2.0
EULA - End User License Agreement
End User License
I. This software package including the user manual and any associated documentation ("the Licensed Software") is supplied under licence from Ozeki Systems Ltd, Fredi u. 76, Debrecen 4032, Hungary ("OZEKI"), upon the following terms and conditions which you are deemed to have accepted by installing the Licensed Software, thereby becoming the Licensee of the Licensed Software.
II. All copyrights, title and other intellectual property rights in the Licensed Software are owned by Ozeki and its licensors. Ozeki is authorised to permit the Licensee to load the Licensed Software onto a computer and use the Licensed Software subject to the terms and conditions set out below.
III. CONDITIONS OF USE
1. You may:
a. use the Licensed Software in connection with the computer system and for the number of users and purpose specified by Ozeki or the Licensed Software supplier.
b. make back-up copies of the Licensed Software (but not the user manual or associated documentation) solely for back-up purposes provided that you reproduce all copyright notices, trade marks, legends and logos on the back-up copies and maintain an accurate record of the location of the back-up copies.
2. You may not:
a. permit the use of the Licensed Software by more than the specified number of users.
b. make copies of the Licensed Software except for security back-up purposes.
c. make copies of the user manual or associated documentation.
d. distribute, transfer, loan, rent, assign, lease or sub-license the Licensed Software or any copy or any part of it to anyone else.
e. alter or adapt the Licensed Software by reverse engineering, decompiling or disassembling it or otherwise.
f. remove any copyright notice, trade mark, legend, logo or product identification from the Licensed Software or the back-up copies.
3. Educational Licensees may only use the Licensed Software as a teaching aid or in connection with students' course work or Research which is not funded commercially or by government organizations.
4. Personal Use Licensees may only use the Licensed Software for personal non-commercial non-governmental purposes.
5. If the Licensed Software is provided for Evaluation or Demonstration purposes then it may not be used for any purpose other than to evaluate or demonstrate its functionality.
6. If the Licensed Software is provided to Educational or Personal Use Licensees or provided for Evaluation or Demonstration purposes then it may not be used in connection with any commercial or governmental activity including but not limited to production of software or other products or services which could possibly directly or indirectly generate revenue or which are to be made widely available.
1. The Licence Agreement becomes effective when you first install the Licensed Software.
2. The Licence Agreement will terminate:
a. if you notify Ozeki, or the Licensed Software supplier, that you wish to terminate the licence.
b. automatically if you are in breach of or fail to comply with any term or condition herein.
c. after the time period, if any, specified by Ozeki or the Licensed Software supplier.
d. Upon any termination you must destroy all copies of the Licensed Software and certify to Ozeki that it has been so destroyed. Upon termination you will not be entitled to any refund of money or other consideration paid by you.
V. LIMITED 90 DAY WARRANTY
1. For a period of ninety (90) days from the date on which you receive the Licensed Software, Ozeki or the Licensed Software supplier will, if you discover and notify Ozeki or the Licensed Software supplier of any material physical defect in the media on which the Licensed Software is recorded, replace the defective media free of charge provided that you return (post-paid) to Ozeki or the Licensed Software supplier the defective media stating your name and address and enclosing your dated proof of purchase of the Licensed Software (for example the invoice).
2. The 90 day warranty shall not apply in the event that the Licensed Software media is lost or stolen or has been damaged by accident, misuse, neglect or unauthorised use or modification.
3. Your sole remedy in the event of any defects in the Licensed Software media is limited to replacement of the media under this 90 day warranty unless Ozeki or the Licensed Software supplier is unable to deliver a replacement within 30 days of its return in which case you may terminate the Licence Agreement by destroying and certifying to Ozeki or the Licensed Software supplier destruction of all copies of the Licensed Software and your License Fee will be refunded.
1. Ozeki AND THE LICENSED SOFTWARE SUPPLIER, DISTRIBUTORS AND DEALERS MAKE NO REPRESENTATIONS OR WARRANTIES WHETHER EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE) RELATING TO THE PERFORMANCE, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SOFTWARE OR OTHERWISE AND ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED AND EXCLUDED.
2. YOU ALONE ARE ABLE TO DETERMINE WHETHER THE SOFTWARE WILL MEET YOUR REQUIREMENTS AND THE ENTIRE RISK AS TO ITS PERFORMANCE IS WITH YOU AND, EXCEPT TO THE EXTENT PROVIDED IN SECTION 5 ABOVE, SHOULD THE SOFTWARE PROVE DEFECTIVE YOU ALONE MUST ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION AND ANY INCIDENTAL OR CONSEQUENTIAL EXPENSES. IN NO EVENT WILL Ozeki, ITS LICENSED SOFTWARE SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (1) DIRECT, (2) INDIRECT, (3) SPECIAL, (4) INCIDENTAL OR (5) CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS OR BUSINESS) RESULTING FROM ANY DEFECT AND/OR USE OF THE LICENSED SOFTWARE, EVEN IF Ozeki HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, WHETHER DUE TO Ozeki'S NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR OTHERWISE.
3. NOTWITHSTANDING THE ABOVE, IF THERE SHOULD ARISE ANY LIABILITY ON THE PART OF Ozeki BY REASON OF THE LICENSING OR USE OF THE LICENSED SOFTWARE OR OTHERWISE, WHETHER DUE TO Ozeki'S NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR OTHERWISE SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE PRICE PAID BY YOU FOR THE LICENSE TO USE THE SOFTWARE OR AT THE ELECTION OF Ozeki THE COST OF REPAIR OR REPLACEMENT OF THE DEFECTIVE SOFTWARE BY Ozeki.
4. You shall indemnify Ozeki, its Licensors and the Licensed Software supplier against all claims by third parties (other than claims alleging breach by the Licensed Software, as supplied, of a third party's copyright, patent or other intellectual property rights) arising from the possession or use of the software by you or anyone using it with your consent.
1. This Licence Agreement is governed by and interpreted in accordance with the laws of Hungary and you agree to submit to the non-exclusive jurisdiction of the Hungarian courts.
2. By installing the Licensed Software you acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions.
3. Any representations, modifications or amendments to this Agreement shall be of no force unless contained in a written memorandum from Ozeki and signed by a duly authorised officer of Ozeki.
4. Any party's failure or delay in enforcing any provision hereof will not waive that party's rights.
5. If any provision of this Agreement is found invalid or unenforceable pursuant to any judicial decree or otherwise the remainder of this Agreement shall remain valid and enforceable according to its terms.
6. Ozeki may assign or transfer its rights and obligations under this Agreement without your prior consent.
Ozeki Systems Ltd.