Evolution PBX License Agreement
This agreement expresses the terms and conditions on which you may use this
software program and associated documentation that Intuitive Voice Technology
(hereinafter referred to as "the author") is furnishing or making
available to you with this agreement (collectively, the "software").
Please review the following terms and conditions of this license agreement
carefully before installing or using the software.
By viewing the license details in the Customer System,
installing, copying or otherwise using the software, you and/or your company
(collectively, "you") are accepting and agreeing with the terms of
this license agreement. If you are not willing to be bound by this
agreement, do not view the license details in the Customer System, install or
use the software.
Various copyrights and other intellectual property rights protect the software.
This agreement is a license agreement that gives you limited rights to use the
software and not an agreement for sale or for transfer of title. The author
retains all rights not expressly granted by this agreement. The author forbids,
under any circumstances, the unauthorised
reproduction of the software or use of illegally obtained software. Making
illegal copies of the software is prohibited. Individuals who violate copyright
law and software licensing agreements may be subject to criminal or civil
action by the owner of the copyright.
1. License Grant
Pursuant to this License Agreement ("agreement") Intuitive Voice
Technology grants you ("licensee"), a non-exclusive, perpetual (under
the terms of the specific license type purchased) license to use the licensed
program ("the software") provided that such use does not violate the
terms of this Agreement. Intuitive Voice Technology reserves the right to
terminate this agreement and hence the software license at any time.
2. Software Usage
Licensee may download, install, setup and use the software on one licensed
hostname/IP address. Any person or entity who obtains or uses a copy of the
software under or through this agreement agrees to be bound thereby. The
Software is licensed only to the Licensee. Licensee may not rent, lease,
sub-license, sell, assign, pledge, transfer or otherwise dispose of the
Software in any form, on a temporary or permanent basis, without the prior
written consent of Intuitive Voice Technology.
The Software may not be used for anything that would represent or is
associated with an Intellectual Property violation, including, but not limited
to, engaging in any activity that infringes or misappropriates the intellectual
property rights of others, including copyrights, trademarks, service marks,
trade secrets, software piracy, and patents held by individuals, corporations,
or other entities.
3. Ownership
The software and related user documentation are protected under United
States and International
copyright laws. All rights, title, and interest in and to the software,
including associated intellectual property rights, are and shall remain with Intuitive
Voice Technology. This agreement does not convey to the licensee an interest in
or to the software, but only a limited right to use the software, revocable in
accordance with the terms of this agreement.
4. Restrictions
Unless otherwise agreed in writing, each purchased license is valid for one
domain/hostname/IP address which is set during installation or first access of
the product. Only one active installation is permitted per license and
additional licenses must be purchased for use on additional domain
names/hostnames/IP addresses. Development system licenses are available upon
special request please contact sales.
Licensee may not use, copy, modify, or distribute the software or software
license (electronically or otherwise), or any copy, adaptation, transcription,
or merged portion thereof, except as expressly authorized by this agreement
(see 6. Modification below) or through prior, written
consent. Licensee may not alter, remove, or make less visible, in any
way, the copyright notice(s) embedded in the software, including but not limited
to, HTML generated pages and the source code files unless approved in writing
or by purchasing the relevant service to allow removal.
5. Distribution
Distribution of the software from any location other than an official Intuitive
Voice Technology site or an authorized mirror, in modified or non-modified
form, is strictly prohibited and in violation of this agreement unless through
prior, written consent or as part of the terms set out in 6.3 below.
6. Warranties, disclaimers and exclusive remedies
The software is being provided AS IS and Intuitive Voice Technology makes no
warranty as to its use or performance. Intuitive Voice Technology and its
associates do not and cannot warrant the performance or results licensee may
obtain by using the software. Intuitive Voice Technology and its associates
make no warranties, express or implied, as to non-infringement of third-party
rights, merchantability, or fitness for any particular purpose. In no event
will Intuitive Voice Technology or its associates be liable to licensee for any
consequential, incidental, or special damages, including any lost profits or
lost savings, even if an Intuitive Voice Technology representative has been
advised of the possibility of such damages, or for any claim by any third
party.
We endeavor to make all the information on our websites, and especially that
relating to our products, as accurate as possible. However, Intuitive Voice
Technology does not warrant that product descriptions or other content of this
site is accurate, complete, reliable, current, or error-free.
Some jurisdictions do not allow the exclusion or limitation of incidental,
consequential, or special damages, or the exclusion of implied warranties or
limitations on how long an implied warranty may last, so that all or some of
the above limitations may not apply to all licensees.
7. Limitation of liability
Neither party shall be liable for any indirect, incidental, special,
punitive, or consequential damages, or any loss of profits, revenue, data, or
data use. Our maximum liability for any damages whether in contract or tort
will not exceed the fees which you have paid to us or are payable to us for
this order, and if such damages result from your use of the software or
technical support, the liability shall be limited to the fees paid or payable
for the software or technical support.
If you use this site and relevant services/products, you are responsible for
maintaining the confidentiality of your account and password and you agree to
accept responsibility for all activities that occur under your account or
password. Intuitive Voice Technology reserves the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in their sole discretion.
8. Term and Termination
This agreement is effective upon licensee's execution of this agreement, and
shall continue until terminated. You may terminate it at any other time by
deleting the software together with all copies, modifications and merged
portions in any form. It will also terminate upon conditions set forth
elsewhere in this agreement or if you fail to comply with any term or condition
of this agreement. This includes the cancellation of payment if required for
the software. You agree upon such termination to delete the software together
with all copies, modifications and merged portions in any form.
Intuitive Voice Technology may terminate this agreement at any time for any
reason. Upon such termination by Intuitive Voice Technology, licensee agrees to
destroy all copies or portions of the software under its control.
9. General
You may not sell, sublicense, assign or transfer the license or the software
except as expressly provided in this agreement. Any attempt to otherwise
sublicense, assign or transfer any of the rights, duties or obligations
hereunder is null and void.
If any provision of this agreement is declared void or unenforceable by any
judicial authority, this shall not nullify the remaining provisions of the
agreement which shall remain in full force and effect. This agreement is
governed by laws of the state of Arizona.
Any dispute arising out or in connection with this agreement including any
question regarding its existence, validity or termination, shall be referred to
and finally resolved by arbitration Arizona
law.
Acceptance of this agreement as indicated above confirms your acceptance of
the sale/user of the software.
Intuitive Voice Technology has the right to change this agreement at any
time. Any changes will be posted here on the Intuitive Voice Technology website
and it is your responsibility to check for changes.
10. Open Source
Some of the software bundled with this software is distributed under the
terms of the GPL or other
licenses.
