ChoiceMail One distribution permissions and end-user license agreement
IMPORTANT NOTICE TO USERS: READ THIS DOCUMENT CAREFULLY
DIGIPORTAL SOFTWARE INC'S CHOICEMAIL ONE
LICENSE AGREEMENT AND LIMITED WARRANTY
YOUR USE OF THE SOFTWARE MADE AVAILABLE WITH THIS LICENSE IS SUBJECT TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING THE ACCEPT BUTTON BELOW OR BY INSTALLING, COPYING OR OTHERWISE PROCEEDING TO USE THIS SOFTWARE, YOU ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON BELOW AND DO NOT INSTALL OR OTHERWISE USE THE SOFTWARE.
This License Agreement and Limited Warranty constitutes a legal agreement ("License Agreement") between you (either as an individual or a single entity) and DigiPortal Software INC ("DigiPortal") solely for the software product in which it is incorporated , including any software media and accompanying on-line or printed documentation (the "Software").
1. GRANT. Upon your acceptance of the terms and conditions of this License Agreement, DigiPortal grants to you the right to use the Software in the manner provided below. This license is not transferable to any other individual or organization. You may download one copy of the trial version of the Software onto a computer and use the Software for the trial period specified for the product. Once you purchase the Software, you may download one copy for your use and make one backup copy. If you are an entity, DigiPortal grants to you the right to designate one individual within your organization for each license for which you pay to use the Software in the manner provided in this License Agreement.
The Software is owned by DigiPortal and is protected by copyright law and international copyright treaty and its components are the subject of pending patent applications. Your license confers no title or ownership in the Software and should not be construed as a sale of any right in the Software.
2. TRIAL VERSION. You have been given an option when first obtaining a copy of this Software to try a trial version of this Software that allows you to use the Software for the trial period specified for the product. THE TRIAL VERSION OF THIS SOFTWARE CONTAINS A TIME-OUT FEATURE THAT DISABLES ITS OPERATION UPON EXPIRATION OF THE TRIAL PERIOD. The trial version gives you the opportunity to use the Software on your system and thoroughly to evaluate its usefulness and functionality before making a purchase. This "try before you buy" manufactured, or intended for use or resale as online 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 the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). DigiPortal and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
12. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the United States law and with the laws of the State of New York applicable to agreements made and performed in New York by New York residents.
13. DISCLAIMER OF UNITED NATIONS CONVENTION ON SALE OF GOODS. Pursuant to Article 6 of the United Nations Convention On Contracts For The International Sale Of Goods, ("UN Convention"), the parties agree that the UN Convention shall not apply to this License Agreement.
14. ENTIRE AGREEMENT. This License Agreement is the entire agreement between you and DigiPortal regarding the license for the Software. It supercedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.
15. MODIFICATION OF TERMS. This License Agreement may only be modified in writing signed by you and an authorized officer of DigiPortal.
16. EFFECT OF PARTIAL INVALIDITY. If any provision of this License Agreement is found to be void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is found to have failed its essential purpose, all limitations of liability and exclusions of damages shall remain in effect.
17. OTHER RIGHTS. This License Agreement gives you specific legal rights. You may have others, which vary from state to state and jurisdiction to jurisdiction. DigiPortal reserves all rights not specifically granted in this License Agreement.
18. ACCEPTANCE OF TERMS. This License Agreement is effective upon the earlier of your (1) clicking the button labeled "Accept ", or (2) your installation or use of the Software. You agree that DigiPortal need not sign this License Agreement in order for it to take effect.