DVWC, Inc. dba DATAVOICE ("DATAVOICE")
End-User License Agreement ("EULA") for Fax-Email Printer Software ("Software")
Copyright (c) 2011 DVWC, Inc. All Rights Reserved
AGREEMENT. After reading this agreement carefully, if you ("Customer") do not agree to all of the terms of this agreement, you may not use this Software. Unless you have a different license agreement signed by DATAVOICE that covers this copy of the Software, your use of this Software indicates your acceptance of this license agreement and warranty. All updates to the Software shall be considered part of the Software and subject to the terms of this Agreement. Changes to this Agreement may accompany updates to the Software, in which case by installing such update Customer accepts the terms of the Agreement as changed. The Agreement is not otherwise subject to addition, amendment, modification, or exception unless in writing signed by an officer of both Customer and DATAVOICE. This Software is the property of by DATAVOICE and is protected by national copyright laws and international copyright treaties. 1. GRANT OF LICENSE AND PROHIBITIONS. This Software is licensed to you. You are not obtaining title to the Software or any copyrights. You may not sublicense, rent, lease, convey, modify, translate, convert to another programming language, decompile, or disassemble the Software for any purpose. The license may be transferred to another if you keep no copies of the Software. Permission must be obtained before mirroring or redistributing the evaluation copies of the Software. 2. USE AND EVALUATION PERIOD. You may use an evaluation copy (aka 'Freeware' version) of the Software for 30 days. To register the software, you may apply a purchased registration code to only one copy of this Software on one client computer. A copy of this Software is considered in use when loaded into temporary memory (i.e., RAM) and/or installed on a permanent storage device (i.e., hard disk, CD-ROM, etc.). You may also use a copy of the Software on a home or portable computer, provided only one copy of the Software is in use at a time. Applied registration codes are electronically tracked by Datavoice to monitor compliance of this provision. No user data is sent to Datavoice, only Registration Numbers and MAC Address codes. 3. REGISTRATION. Unregistered software will encourage you at startup, by means of a pop-up message to register the software for a fee. 4. MULTI-COMPUTER LICENSES. If this is a multi-computer or network license, you may make, install, and use additional copies of this Software up to the number of copies authorized in your registration documentation. 5. LIMITED WARRANTY. THE SOFTWARE IS PROVIDED AS IS AND DATAVOICE DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 6. LIMITATION ON DAMAGES. NEITHER DATAVOICE NOR ANYONE INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE EVEN IF DATAVOICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT SHALL DATAVOICE's LIABILITY FOR ANY DAMAGES EXCEED THE PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF CLAIM. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. 7. TERMINATION. This license to use this Software terminates on the date of the first occurrence of either of the following events: (1) The expiration of one (1) month from written notice of termination from Customer to DATAVOICE; or (2) One party materially breaches any terms of this Agreement or any terms of any other agreement between Customer and DATAVOICE, that are either uncorrectable or that the breaching party fails to correct within one (1) month after written notification by the other party. 8. GOVERNING LAW. The agreement shall be governed by the laws of the State of Ohio. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a state or federal court of competent jurisdiction located in Lake County, Ohio. The parties hereby consent to the personal jurisdiction of such courts. DATAVOICE PO Box 783 Willoughby, OH 44096-0783 440-946-0080 x5 e-mail: info@datavoice.net