Katalina Technologies VoiceGuide Software End User License Agreement

IMPORTANT: READ CAREFULLY: This terms and conditions (“License Terms”) contained in this Katalina Technologies VoiceGuide Software End User License Agreement (“EULA”) constitute a legal agreement between you (either an individual or a single entity) and Katalina Technologies ("Katalina"). These License Terms govern the Software, which includes computer software (including online and electronic documentation) and any associated media and printed materials. These License Terms apply to updates, supplements, add-on components, and Internet-based services components of the Software that Katalina may provide or make available to you unless Katalina provides other terms with the update, supplement, add-on component, or Internet-based services component. Katalina is not obligated to provide maintenance, technical or other support, or updates to you for the Software. In no event shall Katalina be obligated to provide you, free of charge, a copy of the non-evaluation version of the Software in connection with your evaluation. Katalina reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software. These License Terms also govern any product support services relating to the Software except as may be included in another agreement between you and Katalina. An amendment or addendum to these License Terms may accompany the Software.  By installing, copying, downloading, accessing or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Software. 

Limited License; Time Sensitive Software. Your right to use the software is given for evaluation purposes only and for a period of 15 minutes after each time the software is started. Continued right to use of software is only given if the software is manully stopped and restarted, after which another evaluaton period is allowed. This manual stop and restart process may be done indefinatly for evaluation purposes.

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

License. Subject to the terms and conditions contained herein, Katalina hereby grants to Licensee, and Licensee hereby accepts, a non-exclusive, nontransferable, non-sublicensable, world-wide, license during the Term to use and copy the Software Product (as detailed in Attachment A) and any related documentation for internal use only.

Demand for Examination. Katalina hereby requests that you fully examine the Software during the term of these Evaluation License Terms so that you will be fully familiar with it before obtaining a copy of the non-evaluation version of the Software. Only your full examination now will determine whether or not the non-evaluation version will be merchantable or fit for your particular purposes.

Legends and Notices.  Licensee agrees not to alter, change or remove from the Software Product or Documentation any identifications, including copyright and trademark notices, and further agrees to place such notices on any copies made by Licensee.  

Restrictions.  Licensee shall not (a) use or copy the Software except as expressly licensed in this EULA; (b) knowingly take any action that would cause any Software to be placed in the public domain; (c) reverse engineer, decompile, disassemble or translate the Software; (d) alter, reconfigure, reprogram or cause to be altered, reconfigured or reprogrammed any license key affecting the number of ports on which the Software under this EULA may be used or employ any other form of copy protection circumvention measures; (e) use the Software in any manner inconsistent with the express license grant contained herein.

Reservation of Rights; Other Restrictions. The Software is protected by copyright and other intellectual property laws and treaties. Katalina or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. Katalina reserves all rights not expressly granted to you in these License Terms. Reverse engineering, decompiling, or disassembling the Software is prohibited, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Rights and Obligations. Katalina may provide you with product support services related to the Software. Use of any such support services is governed by the Katalina policies and programs described in the user manual, in online documentation, on Katalina's support webpage, or in other Katalina-provided materials. Any software Katalina may provide you as part of support services are governed by these License Terms, unless separate terms are provided. These License Terms do not obligate Katalina to provide any support services or to support any software provided as part of those services.
	
Acceptance & Cost. The Software is deemed accepted by you. There is no charge to you for evaluation of the Software. 

Term and Termination. This EULA shall be effective during the time the software is eavluated, unless you register with Katalina by providing full, truthful and accurate information according to procedures established by Katalina. Without prejudice to any other rights, Katalina may terminate these License Terms if you are not in compliance with all the terms and conditions of these License Terms. In such event, you must destroy all copies of the Software and all of its component parts.

DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KATALINA AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KATALINA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE License Terms, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF KATALINA OR ANY SUPPLIER, AND EVEN IF KATALINA OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF KATALINA AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THESE License Terms AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 12, 13 AND 14) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Entire Agreement; Severability. These License Terms (including any addendum or amendment to these License Terms which is included with the Software) are the entire agreement between you and Katalina relating to the Software and the support services (if any) and it supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software or any other subject matter covered by these License Terms. To the extent the terms of any Katalina policies or programs for support services conflict with the terms of these License Terms, the terms of these License Terms shall control. If any provision of these License Terms are held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.