Note: This product may not be set up on your computer unless or until you accept the terms of the FaxTalk End-User License Agreement (“EULA”). The terms of a printed, paper EULA which may accompany the product, supersede the terms of any on-screen EULA found within the product. For your future reference, you may print the text of the EULA, or refer to a copy of the EULA that can be found either online in or with this product.
IMPORTANT-READ CAREFULLY: This FaxTalk End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Thought Communications Incorporated for the FaxTalk software product identified above, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”). The
SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to you by Thought Communications. Any software provided along with the SOFTWARE PRODUCT that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, Thought Communications is unwilling to license the SOFTWARE PRODUCT to you. In such event, you may not use or copy the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
- GRANT OF LICENSE. This EULA grants you the following rights:
- Applications Software. You may install, use, access, display, run, or otherwise interact with (“RUN”) one copy of the SOFTWARE PRODUCT, or any prior version for the same operating system, on a single computer, workstation, terminal, handheld PC, pager, “smart phone,” or other digital electronic device (“COMPUTER”).
- Storage/Network Use. You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to RUN the SOFTWARE PRODUCT on your other COMPUTERS over an internal network; however, you must acquire and dedicate a license for each separate COMPUTER on which the SOFTWARE PRODUCT is RUN from the storage device. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different
- License Pack. If this package is a FaxTalk License Pack, you may RUN additional copies of the computer software portion of the SOFTWARE PRODUCT up to the number of copies specified above as “Licensed Copies”. You are also entitled to make a corresponding number of secondary copies for portable computer use as specified above.
- Reservation of Rights. All rights not expressly granted are reserved by Thought Communications, Inc.
- DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- Not for Resale Software. If the SOFTWARE PRODUCT is labeled “Not For Resale” or “NFR,” then, notwithstanding other sections of this EULA, your use of the
SOFTWARE PRODUCT is limited to use for demonstration, test, or evaluation purposes and you may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT.
- Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one
- Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of Thought Communications, Inc.
- Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
- Support Services. Thought Communications may provide you with support services related to the SOFTWARE PRODUCT (“Support Services”). Use of Support Services is governed by the Thought Communications policies and programs described in the user manual, in “online” documentation, and/or in other Thought
Communications-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to Thought Communications as part of the Support Services, Thought Communications may use such information for its business purposes, including for product support and development. Thought Communications will not utilize such technical information in a form that personally identifies you.
- Software Transfer. The initial licensee of the SOFTWARE PRODUCT may not transfer this EULA and SOFTWARE PRODUCT to anyone else, nor may they sell, lease, loan, sublicense, assign or otherwise dispose of the EULA and SOFTWARE PRODUCT without the express written consent of Thought Communications, which consent may be granted or withheld at Thought Communications’ sole discretion.
- Termination. Without prejudice to any other rights, Thought Communications may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
- UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Thought Communications as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements (and may disable)
the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used only
as part of that single product package and may not be separated for use on more than one COMPUTER.
- COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text,
and “applets” incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Thought Communications or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this SOFTWARE PRODUCT contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
- MULTIPLE MEDIA / MULTIPLE LANGUAGE SOFTWARE. You may receive the SOFTWARE PRODUCT in more than one medium or with support for more than one language. Regardless of the type or size of medium or language you receive, you may use only one medium or language that is appropriate for your single COMPUTER. You may not RUN the other medium or language on another COMPUTER. You may not loan, rent, lease, or otherwise transfer the other medium or language to another user.
- BACKUP COPY. After installation of one copy of the SOFTWARE PRODUCT pursuant to this EULA, you may keep the original media on which the SOFTWARE PRODUCT was provided by Thought Communications solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies
of the SOFTWARE PRODUCT or the printed materials accompanying the SOFTWARE PRODUCT.
- U.S. GOVERNMENT RESTRICTED RIGHTS. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to
solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
- EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE to any country, person, or entity subject to U.S. export restrictions. You specifically agree not to export or re-export the SOFTWARE: (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which as of
May 1999 include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria and the Federal Republic of Yugoslavia (Serbia, but not Montenegro), or to any national of any such country, wherever located, who intends to transmit or transport the products back to such country; (ii) to any person or entity who you know or have reason to know will utilize the SOFTWARE or portion thereof in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government.
OPERATING SYSTEM SOFTWARE UPGRADES. The SOFTWARE PRODUCT may contain mandatory operating system software upgrades required for proper
operation of the SOFTWARE PRODUCT. Any such system software upgrades are licensed to you pursuant to the same terms as provided in your license to the operating system.
This EULA shall be governed by the laws of the State of California and of the United States of America, excluding that body of law related to choice of laws.
Thought Communications 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 Support Services provided by Thought Communications shall be substantially as described in applicable written materials provided to you by Thought Communications, and Thought Communications support engineers will make commercially reasonable efforts to solve any problem issues. 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, if any, are limited to ninety (90) days.
CUSTOMER REMEDIES. Thought Communications’ and its suppliers’ entire liability and your exclusive remedy shall be, at Thought Communications’ option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet Thought Communications’ Limited Warranty and which is returned to Thought Communications with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United
States, neither these remedies nor any product support services offered by Thought Communications are available without proof of purchase from an authorized international source.
WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THOUGHT COMMUNCATIONS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU
MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THOUGHT COMMUNCATIONS 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 OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF THOUGHT COMMUNCATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THOUGHT COMMUNCATIONS’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A THOUGHT COMMUNCATIONS SUPPORT SERVICES AGREEMENT, THOUGHT COMMUNCATIONS’ ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE
TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.