Terms and Conditions
GENERAL LICENSE AGREEMENT and LIMITED WARANTY for Calling-Us products, Date : October 2006
I. General License Agreement
This agreement ("License") between Schellhorn media-productions e.K., Germany (Media21) and you ("LICENSEE") must be distributed with every copy of the SOFTWARE PRODUCT. It may not be removed or modified. This agreement pertains to all use of the SOFTWARE PRODUCT worlwide. It supersedes all previous documents.
1. The SOFTWARE PRODUCT is licensed for use on a single computer. customer may delete the SOFTWARE PRODUCT from one computer and reinstall it on another, but customer may not install the Software on more than one computer at any given time without Media21's prior written permission.
2. You are allowed to create one single copy of the SOFTWARE PRODUCT. You are allowed to use this this copy for backup issues.
3. The SOFTWARE PRODUCT may not be rented, leased, or in any other manner commercially exploited without Media21's prior written permission. This License is personal to customer and customer agrees not to assign your rights herein.
4. All video, audio, and other content accessed through the SOFTWARE PRODUCT is the property of the applicable content owner and may be protected by applicable copyright law. This license gives customer no rights to such content, and Media21 disclaims any liability for misuse of content.
5. Restrictions according to Reverse Engineering, Decompilation and Disassembling: You are not allowed to decompile or disassemble the SOFTWARE PRODUCT (Reverse Engineering).
6. The SOFTWARE PRODUCT is licenced as one single product. You are not allowed to separate ist components to use them on more than one computer.
7. You may transfer the SOFTWARE PRODUCT and documentation on a permanent basis provided you retain no copies and the recipient agrees to the terms of this license statement. Except as provided in this statement, you may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit or receive the SOFTWARE
PRODUCT, media or documentation.
8. Media21 is allowed to denounce this agreement, when you act against this agreement in any way. In this case you are liable to destroy and remove all copies of the SOFTWARE PRODUCT and its components.
9. By registering the SOFTWARE PRODUCT you receive your personal registration key, consisting of your user name and your personal registration number. You are allowed to use this key on one computer at the same time. You are not allowed to rent or hire out this key to to another user, when it is not a long-term transfer as described above.
10. EVALUATION COPY: You are allowed to install the evaluation copy of then SOFTWARE PRODUCT on a computer and to use it for test issues, which have the purpose to test the ability of the SOFTWARE PRODUCT for ist later use.
11. PRODUCT SUPPORT: Support for the SOFTWARE PRODUCT will be provided through Media21 for 30 days after receiving the licenced software or the registration key
II. LIMITED WARRANTY
Media21 warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by Media21 shall be substantially as described in applicable written materials provided to you by Media21. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so are not allowed to use the SOFTWARE PRODUCT in one of these states.
CUSTOMER REMEDIES. Media21's and its suppliers' entire liability and your exclusive remedy shall be, at Microsofts's option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet Media21's Limited Warranty and which is returned to Media21 with a copy of your receipt. This Limited Warranty is void if failure of the sof has resulted from accident, abuse, or misapplication. Any replacement sof will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United states, neither these remedies nor any product support services offered by m21 are available without proof of purchase from an authorized internatonal source.
NO OTHER WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEDIA21 AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE-PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEDIA21 OR ITS SUPPLIERS BE LIABLE
FOR ANY SPECIAL, INCIDENTIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINSS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF MEDIA21 HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, MEDIA21'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR AN AMOUNT EQUIVALENT TO U.S.$5.00 IN LOCAL CURRENCY; BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, YOU ARE NOT ALLOWED TO USE
THE SOFTWARE PRODUCT IN ONE OF THESE STATES.
HIGH RISK ACTIVITIES.
The SOFTWARE PRODUCT is not fault-tolerant and is not
designed, manufactured or intended for use or resale as on-line 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 PRODUCT could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Media21 and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.