Ascendis Caller ID distribution permissions and end-user license agreement
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ASCENDIS SOFTWARE LLC END-USER LICENSE AGREEMENT
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity), and Ascendis Software LLC for the software product "Ascendis Caller ID", which includes computer software and product documentation ("SOFTWARE PRODUCT"). 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, promptly delete all files related to the SOFTWARE PRODUCT and, if you have purchased the SOFTWARE PRODUCT, contact the place from which you purchased within 30 days of purchase for a full refund.
SOFTWARE PRODUCT LICENSE
This 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.
GRANT OF LICENSE. Ascendis Software LLC grants you a non-exclusive, non-transferable license to install and execute the SOFTWARE PRODUCT on multiple computers provided that only one computer communicates with the PHONE MONITORING DEVICES connected to the phone line(s) being monitored. PHONE MONITORING DEVICES includes, but is not limited to, modems or other TAPI devices, Whozz Calling? units, other hardware devices, or Skype or other software programs that allow access to physical or virtual phone lines. Monitoring multiple phone lines requires the purchase of a multiline license of the SOFTWARE PRODUCT that supports the desired number of phone lines to monitor. For the purposes of evaluating the performance of the SOFTWARE PRODUCT, you are granted this license for a period of no more than 30 days. If after that time continued use of the SOFTWARE PRODUCT is desired then the SOFTWARE PRODUCT must be purchased from Ascendis Software LLC. Please see <http://ascendis.com/callerid/order.php> for purchasing information.
LIMITATIONS. 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. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer. You may not rent or lease the SOFTWARE PRODUCT. Without prejudice to any other rights, Ascendis Software LLC may terminate 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.
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), are owned by Ascendis Software LLC except as noted in the "About" box on the "Help" menu. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material.
This EULA is governed by the laws of the State of Ohio.
DISCLAIMER OF WARRANTY
THE SOFTWARE IS PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
THIS SOFTWARE IS NOT FAULT TOLERANT AND SHOULD NOT BE USED IN ANY ENVIRONMENT WHICH REQUIRES THIS, SUCH AS ON-LINE CONTROL OF AIRCRAFT.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, ASCENDIS SOFTWARE LLC'S AGGREGATE LIABILITY TO LICENSEE OR TO ANY THIRD PARTY FOR CLAIMS RELATING TO THIS AGREEMENT, WHETHER FOR BREACH OR IN TORT, WILL BE LIMITED TO THE FEES PAID BY LICENSEE FOR SOFTWARE WHICH IS THE SUBJECT MATTER OF THE CLAIMS. IN NO EVENT WILL ASCENDIS SOFTWARE LLC BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS), HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF ASCENDIS SOFTWARE LLC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED, EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. The disclaimer of warranty and limited liability set forth above are fundamental elements of the basis of the bargain between Ascendis Software LLC and you. You agree that Ascendis Software LLC would not be able to provide the SOFTWARE PRODUCT on an economic basis without such limitations.