» version 3.0 - posted on 2003-12-01
AlphaCom Copyright 1995-02 by OmniCom Technologies, Inc.
All rights reserved.
CAREFULLY READ THE TERMS AND CONDITIONS OF THIS LICENSE
AGREEMENT PRIOR TO USING THIS SOFTWARE. USE OF ANY
PORTION OF THIS SOFTWARE INDICATES YOUR AGREEMENT TO
THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE
WITH SUCH TERMS AND CONDITIONS, YOU SHOULD UNINSTALL THE
SOFTWARE FROM YOUR COMPUTER SYSTEM. USE OF ANY PORTION
OF THIS SOFTWARE FURTHER INDICATES THAT YOU HAVE
CAREFULY READ THE TERMS AND CONDITIONS OF THIS LICENSE
AGREEMENT PRIOR TO USING THIS SOFTWARE.
The following definitions apply to the terms as they appear in this Agreement:
OmniCom means OmniCom Technologies., a Rhode Island corporation.
You and Your refer to any person or entity that downloads, uses, or acquires
the license to use this Software.
Software means the AlphaCom computer program.
You are hereby licensed to use this Software for evaluation purposes without
charge for a period of thirty(30) days. A registration fee of twenty-five
dollars ($25.00) is required upon completion of the thirty(30)-day evaluation
period. Payments should be sent to OmniCom Technologies, 715 Branch Ave.,
Providence, Rhode Island 02904. Credit card orders can be placed directly
by calling 877-344-9033 or E-mail: firstname.lastname@example.org. When payment is
received, You will be sent a license activation key to allow the registration of
the latest version of the Software.
Unregistered use of the Software after the thirty(30)-day evaluation period is in
violation of United States and international copyright laws.
One registered copy of AlphaCom may be installed on one
workstation to be used by a single user for each registered license purchased.
You may access the registered version of AlphaCom through a
network, provided that You have obtained individual licenses for the Software
covering all workstations that will access the Software through the network.
For example, if fifteen(15) different workstations will access Alpha
Communicator on the network, each workstation must have its own Alpha
Communicator license regardless of whether the workstations use Alpha
Communicator at different times or concurrently.
In addition to the foregoing prohibitions, You shall not:
1. Modify the Software. (Any modified or merged portion of the Software is
subject to the terms and conditions of this Agreement.)
2. Reverse-engineer, disassemble, decompile, or make any attempt to discover
the source code to the Software.
3. Remove, obscure, or alter any copyright notice or other proprietary rights
related to the Software.
4. Sub-license, sell, lend, rent, or lease any portions of the Software.
5. Copy any portion of the Software.
6. Transfer the Software or any direct product to any person or entity in
violation of the United States Export Administration Act.
7. Download or otherwise export or re-export any of the Software or underlying
information or technology: (i) into (or to a national resident of) Cuba, Iraq,
Libya, North Korea, Iran, Syria, Sudan, or another country to which the
United States embargoes goods; or (ii) to anyone on the United States
Treasury Department's List of Specially Designated Nationals or the
United States Commerce Department's Table of Denial Orders. By
downloading or using the Software, You are agreeing to the foregoing and
You are representing and warranting that You are not located in, under the
control of, or a national or resident of any such country on any such list.
The Software involves valuable property rights of OmniCom. OmniCom
retains title to and ownership of the Software and all copyright, trade secret,
trade name, trademark, and other property rights related to the Software,
regardless of the form that the original or other copies exist in. You may
not violate these rights and You must take appropriate steps to protect
OmniCom's rights. OmniCom may at any time replace, modify, alter,
improve, enhance, or change the Software. This license is not a sale of the
original Software or any copy. Rather, OmniCom grants to You the right to
use the Software by means of this Software license. Both the license and Your
right to use the Software terminate automatically if You violate any part of
this Agreement. In the event of termination, You must immediately uninstall
all copies of the Software.
ACCEPTANCE OF THE PRODUCT
Downloading of the Software, use of the Software, or acceptance of the
license to the Software is based on the express condition that You agree to
each and to all of the terms and conditions contained herein. These terms and
conditions supersede and cancel all prior communications or agreements, oral
or written, between You and OmniCom. These terms and conditions are,
complete and no terms or conditions in any way adding to, modifying, or
otherwise changing the provisions stated in this Agreement shall bind
OmniCom unless made in writing and signed and approved by an officer or
other authorized person at the home office of OmniCom in Rhode Island.
No modification of any of these terms will be effected by OmniCom's receipt
of your purchase order, shipping request, or similar forms containing printed
terms and conditions conflicting or inconsistent with the terms of this.
DISCLAIMER OF WARRANTIES AND LIMITATION OF REMEDIES
OMNICOM MAKES NO WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
REGARDING THE SOFTWARE. OMNICOM DOES NOT WARRANT,
GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS
OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS,
OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND
PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. THE
EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY
SOME JURISDICITONS AND THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU.
WITHOUT IN ANY WAY LIMITING THE FOREGOING LIMATIONS
OF WARRANTIES, OMNICOM DOES NOT, UNDER ANY
CIRCUMSTANCES, WARRANT THAT THE SOFTWARE IS FREE FROM
ERRORS OR THAT IT WILL OPERATE WITHOUT INTERRUPTION.
IN ADDITION, OMNICOM DOES NOT WARRANT THAT THE SOFTWARE
IS COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE
CONFIGURATIONS. YOU ARE ADVISED TO CHECK ALL WORK
PERFORMED BY THE SOFTWARE AND YOU ARE FURTHER ADVISED
NOT TO USE THE SOFTWARE IN ANY CASE WHERE DAMAGE OR
INJURY TO PERSONS, PROPERTY, OR BUSINESS MAY HAPPEN IF
AN ERROR OCCURS. YOU EXPRESSLY ASSUME ALL RISKS FOR THE
USE OF THE SOFTWARE.
OMNICOM AND ITS DIRECTORS, OFFICERS, SUPPLIERS,
DISTRIBUTORS, AND DEALERS WILL IN NO EVENT BE LIABLE TO
YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT
DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF
BUSINESS INFORMATION, AND THE LIKE, EVEN IF OMNICOM HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. OMNICOM'S LIABILITY
TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND
REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN
CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE),
PRODUCT LIABILITY, OR OTHERWISE, WILL BE LIMITED TO THE
PURCHASE PRICE YOU PAID FOR THE LICENSE TO THE SOFTWARE.
CONSTRUCTION AND SEVERABILITY
This License Agreement and all rights and obligations hereunder, including
matters of construction, validity, and performance, shall be governed by the
laws of the State of Rhode Island. If any provision of this Agreement is
determined to be illegal, unenforceable, or void, then the remainder of this
Agreement shall remain in full force and effect to the fullest extent permitted
ENFORCEMENT OF AGREEMENT
In the event that You violate any of the terms or conditions of this Agreement,
OmniCom may take all steps necessary to enforce its rights under this
Agreement, and You shall reimburse OmniCom for all reasonable counsel fees
and court costs incurred in connection with the enforcement of this Agreement.
For purposes of this Agreement, You consent to the personal jurisdiction of the
courts of the State of Rhode Island.