TERAVoice Server 2004

EULA - End User License Agreement

LICENSE AGREEMENT FOR TERASENS SOFTWARE

IMPORTANT-READ CAREFULLY: By opening the sealed packet(s) OR exercising your rights to make and use copies of the SOFTWARE (as may be provided for below), you agree to be bound by terms of this TERASENS License Agreement. If you do not agree to the terms of this Agreement, promptly return this package to the place from which you obtained it for a full refund. For the limited warranty pertaining to your jurisdiction, please refer to the section LIMITED WARRANTY.
TERASENS SOFTWARE LICENSE

1. GRANT OF LICENSE. TERASENS grants you the right to use the enclosed TERASENS software product, which includes "online" or electronic documents (the "SOFTWARE"), in the manner provided below. You may install a copy of the SOFTWARE on a single machine only.

2. UPGRADES. If the SOFTWARE is an upgrade, whether from TERASENS or another supplier, you may use or transfer the SOFTWARE only in conjunction with the upgraded product. If the SOFTWARE is an upgrade from a TERASENS product, you may now use that upgraded product only in accordance with this License.

3. COPYRIGHT. The SOFTWARE (including any images, "applets," photographs, animations, video, audio, music, and text incorporated into the SOFTWARE) is owned by TERASENS or its suppliers and is protected by German copyright laws and international treaty provisions.
Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording) except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE.

4. OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE and user documentation on a permanent basis provided you retain no copies and the recipient agrees to the terms this Agreement. You may not reverse engineer, decompile, or disassemble the SOFTWARE except to the extent such foregoing restriction is expressly prohibited by applicable law.

LIMITED WARRANTY

1. LIMITED WARRANTY. TERASENS warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any hardware accompanying the SOFTWARE PRODUCT will be free from defects in materials and workmanship under normal use and service for a period of half (1/2) a year from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT and hardware, if any, are limited to ninety (90) days and half a year, respectively.

2. CUSTOMER REMEDIES. TERASENS's and its suppliers' entire liability and your exclusive remedy shall be, at TERASENS 's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE PRODUCT or hardware that does not meet TERASENS 's Limited Warranty and which is returned to TERASENS with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside Germany, neither these remedies nor any product support services offered by TERASENS are available without proof of purchase from an authorized international source.

3. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TERASENS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT, AND ANY ACCOMPANYING HARDWARE.

4. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TERASENS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF TERASENS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, TERASENSs ENTIRE LIABILITY UNDER ANY PROVISIONS OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT.