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END-USER LICENSE AGREEMENT FOR LAPROXIMA TECHNOLOGIES, INC. SOFTWAREIMPORTANT-READ CAREFULLY:This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and LaProxima Technologies, Inc.. The SOFTWARE PRODUCT includes computer software, the associated media, any LaProxima Technologies, Inc. hardware accompanying the computer software, any printed materials, and any "online" or electronic documentation. By installing, copying 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 and LaProxima Technologies, Inc., you may not use or copy the SOFTWARE PRODUCT, and you should promptly contact LaProxima Technologies, Inc. for instructions on return of the product(s).SOFTWARE PRODUCT LICENSEThe 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. The term "COMPUTER" as used herein shall mean the HARDWARE, if the HARDWARE is a computer system, or the computer system with which the HARDWARE operates, if the HARDWARE is a computer system component.1. GRANT OF LICENSE. This EULA grants you the following rights:- Software Installation and Use. Except as ootherwise expressly provided in Section 1 of this EULA, you may only install and use one copy of the SOFTWARE PRODUCT on the COMPUTER.- Server Based, Workstation System Installattion and Use. If the SOFTWARE PRODUCT is a Server Based, Workstation System, the following applies to your installation and use of the SOFTWARE PRODUCT subject to the restrictions set forth in Section 2. For each Processor Version (defined below) supplied, the SOFTWARE PRODUCT consists of "Server Software", and "Client Software" components. You may install and use one copy of one Processor Version of the Server Software component only on the COMPUTER. You may install the Client Software components of the SOFTWARE PRODUCT, regardless of Processor Version, on any number of your computers, provided the number of concurrent users do not exceed your licensing contract with LaProxima Technologies, Inc..- Network Services. Except as may otherwise be provided below, if the SOFTWARE PRODUCT documentation indicates that the SOFTWARE PRODUCT includes functionality that enables the COMPUTER to share resources over a network with other computers or workstations, any number of computers or workstations may access or otherwise utilize the basic network services of SOFTWARE PRODUCT on the COMPUTER. The basic network services are more fully described in the printed materials accompanying the SOFTWARE PRODUCT and include file and print services.- Storage/Network Use. You may also store orr install a copy of the computer software portion of the SOFTWARE PRODUCT on the COMPUTER to allow your other computers to use the SOFTWARE PRODUCT over an internal network, and distribute the SOFTWARE PRODUCT to your other computers over an internal network. However, you must acquire and dedicate a license for the SOFTWARE PRODUCT for each computer on which the SOFTWARE PRODUCT is used or to which it is distributed. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different computers.- Back-up Copy. If LaProxima Technologies, IInc. has not included a back-up copy of the SOFTWARE PRODUCT with the COMPUTER, you may make a single back-up copy of the computer software portion of the SOFTWARE PRODUCT. You may use the back-up copy solely for archival purposes.2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.- Speech Recognition. If the SOFTWARE PRODUCCT includes a speech recognition component, it should be understood by you that speech recognition is inherently a statistical process; that recognition errors are inherent in the process of speech recognition; that it is your responsibility to provide for handling such errors and to monitor the speech recognition process and correct any errors. Neither LaProxima Technologies, Inc. or its suppliers shall be liable for any damages arising out of errors in the speech recognition process.- Application Sharing. The SOFTWARE PRODUCT may contain technology that enables applications to be shared between two or more computers, even if an application is installed on only one of the computers. You may use this technology with all LaProxima Technologies, Inc. products only for multi-party conferences. For non- LaProxima Technologies, Inc. applications, you should consult the accompanying license agreement or contact the licensor to determine whether application sharing is permitted by the licensor. You must comply with all applicable laws regarding the use of the SOFTWARE PRODUCT.- Note On JAVA Support. The SOFTWARE PRODUCTT may contain support for programs written in JAVA. JAVA technology is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of JAVA technology could lead directly to death, personal injury, or severe physical or environmental damage.- Language Version Selection. LaProxima Techhnologies, Inc. may have elected to provide you with a selection of language versions for one or more software products licensed under this EULA. If the SOFTWARE PRODUCT is included in more than one language version, you are licensed to use only one of the language versions provided. As part of the setup process for the SOFTWARE PRODUCT you will be given a one-time option to select a language version. Upon selection, the language version selected by you will be set up on the COMPUTER, and the language version(s) not selected by you will be automatically and permanently deleted from the hard disk of the COMPUTER.- Limitations on Reverse Engineering, Decomppilation 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 PROODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.- Single COMPUTER. The SOFTWARE PRODUCT may be licensed with the HARDWARE as a single integrated product. The SOFTWARE PRODUCT may only be used with the HARDWARE as set forth in this EULA.- Single EULA. The package for the SOFTWARE PRODUCT may contain multiple versions of this EULA, such as multiple translations and/or multiple media versions (e.g., in the user documentation and in the software). In this case, you are only licensed to use one (1) copy of the SOFTWARE PRODUCT. The terms of a printed, paper EULA which may accompany the SOFTWARE PRODUCT supersede the terms of any on-screen EULA found within the SOFTWARE PRODUCT.- Rental. You may not rent, lease, or lend tthe SOFTWARE PRODUCT.- Software Transfer. You may permanently traansfer all of your rights under this EULA only as part of a sale or transfer, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA and, if applicable, the Certificate(s) of Authenticity), and the recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.- Termination. Without prejudice to any otheer rights, LaProxima Technologies, Inc. may terminate your right to use the SOFTWARE PRODUCT under 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.3. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by LaProxima Technologies, Inc. as being eligible for the upgrade in order to use the SOFTWARE PRODUCT ("Eligible Product"). For the purpose of upgrade products only, "HARDWARE" shall mean the computer system or computer system component with which you received the Eligible Product. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the Eligible Product which came with the HARDWARE. You may use the resulting upgraded product only in accordance with the terms of this EULA and only with the HARDWARE.4. 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 LaProxima Technologies, Inc. or its suppliers. You may not copy the printed materials accompanying the SOFTWARE PRODUCT. All rights not specifically granted under this EULA are reserved by LaProxima Technologies, Inc..5. SOFTWARE MEDIA. You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for the COMPUTER. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.6. EXPORT RESTRICTIONS. You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit (i) the SOFTWARE PRODUCT or related documentation and technical data, or (ii) your Application, as described above in Section 2, developed with SQL Server software, or process, or service that is the direct product of the SOFTWARE PRODUCT to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.If the SOFTWARE PRODUCT is labeled "North America Only Version" above, on the Product Identification Card, or on the SOFTWARE PRODUCT packaging or other written materials, then the following applies: The SOFTWARE PRODUCT is intended for distribution only in the United States and Canada. Export of the SOFTWARE PRODUCT from the United States is regulated under "EI controls" of the Export Administration Regulations (EAR, 15 CFR 730-744) of the U.S. Commerce Department, Bureau of Export Administration (BXA). A license is required to export the SOFTWARE PRODUCT outside the United States or Canada. You agree that you will not directly or indirectly, export or re-export the SOFTWARE PRODUCT (or portions thereof) to any country, other than Canada, or to any person, entity or end user subject to U.S. export restrictions without first obtaining a Commerce Department export license. You warrant and represent that neither the BXA nor any other U.S. federal agency has suspended, revoked or denied your export privileges.7. Government Use. If the SOFTWARE PRODUCT is licensed for use by the U.S. government, the user agrees that the SOFTWARE PRODUCT has been developed entirely at private expense and is delivered as "Commercial Computer Software" as defined in DFARS 252.227-7013 or as "restricted computer software" as defined in FAR 52.227-19, as appropriate.8. PRODUCT SUPPORT. Product support for the SOFTWARE PRODUCT is provided by LaProxima Technologies, Inc.. Should you have any questions concerning this EULA, or if you desire to contact LaProxima Technologies, Inc. for any other reason, please refer to the address provided in the documentation.9. NO WARRANTY. The Software is being delivered to you "AS IS" and LaProxima Technologies, Inc. makes no warranty as to its use or performance. LAPROXIMA TECHNOLOGIES, INC. MAKES NO, AND HEREBY DISCLAIMS, ALL WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.10. LIMITATION OF LIABILITY. IN NO EVENT WILL LAPROXIMA TECHNOLOGIES, INC. BE LIABLE TO YOU OR ANYONE FOR ANY DAMAGES, CLAIMS, FEES, OR COSTS WHATSOEVER INCLUDING WITHOUT LIMITATION ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES SUCH AS LOST PROFITS OR LOST SAVINGS EVEN IF LAPROXIMA TECHNOLOGIES, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LAPROXIMA'S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT EXCEED $10 (TEN USD DOLLARS).11. INDEMNIFICATION. You agree to indemnify, hold harmless and defend LaProxima Technologies, Inc. from and against any claims or lawsuits, including attorneys' fees, that arise or result from either or both of (a) your performance under this EULA; or (b) the use or distribution of your products containing any Software, especially any Sample Code modified by you or on your behalf. Notwithstanding, you shall not be required to indemnify LaProxima Technologies, Inc. to the extent that such a claim or lawsuit is based on the Software, including without limitation the Sample Code, as LaProxima Technologies, Inc delivered it to you hereunder. LaProxima Technologies, Inc. agrees to give you prompt written notice of any such claim, tender to you the defense or settlement of such claim at your expense and cooperate with you, at your expense, in defending or settling such claims.12. GENERAL PROVISIONS. If any part of this EULA is found void or unenforceable, it will not affect the validity of the balance of the EULA, which shall remain valid and enforceable according to its terms. This EULA may only be modified by a writing signed by an authorized officer of LaProxima Technologies, Inc.. The English version of this EULA shall be the version used when interpreting or construing this EULA.LaProxima Technologies, Inc.PO Box 703Lincroft, NJ 07738-0703Website: www.laproxima.netEmail: info@laproxima.netBy checking the "I AGREE" box/button, you acknowledge the fact that you have thoroughly read and understand this EULA agreement in its entirety, and agree to all its terms.010108: REV-A
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