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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 correct 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 modification or addition to
this warranty. Some jurisdictions do not allow the exclusion or limitation of implied
warranties or limitation of liability for incidental or consequential 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.
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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but may be superseded by a separate license agreement that you and Fonix have signed.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 ownership 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 distribute 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, network, 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
jurisdictions.
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
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