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Talking Technology International, Inc. Hardware & Software License Agreement, Warranty Policies & Limitations of Liability

The Talking Technology International, Inc. License Agreement (TTILA) is a legal agreement between you and Talking Technology International, Inc. for TTI Software, firmware and hardware products that you purchase from TTI or an authorized TTI agent. These products include computer hardware, peripheral hardware, telephony hardware, software, firmware, associated media and printed materials, and may include 'online' or electronic documentation. By installing, copying and otherwise using these products, you agree to be bound by the terms of this TTILA.

In addition, TTI software and firmware is protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. All materials and software are copyright 1994-2007 by Talking Technology International, Inc.. All rights reserved.

Grant of License

Software. You may install and use one copy of the Software, or in its place, any prior version for the same operating system on a single computer. The primary user of the computer on which the Software is installed may make a second copy for his or her exclusive use on a second computer - though you must obtain a dedicated license for each separate TTI hardware card on which the Software is installed. A license for the Software may not be used or shared concurrently on different computers. In the case of PowerVoice Software, a specially encoded programmed device may be installed on each TTI hardware card on which the Software is used.

Other Rights and Limitations

You may not reverse engineer, de-compile, or disassemble the Software, except and only to the extent that such activities are expressly permitted by applicable law notwithstanding this limitation.

You may permanently transfer all of your rights under this TTILA, provided you retain no copies, you transfer all of the Software, the media and printed materials, any upgrades, the TTILA, and the recipient agrees to the terms of the TTILA.

TTI may terminate this TTILA if you fail to comply with the terms and conditions of this TTILA. In such event, you must destroy all copies of the Software.

Copyright

All title and copyrights in and to the Software (included but not limited to any images, photographs, animations, video, audio, music, text incorporated in the Software), the accompanying printed materials, and any copies of the Software are owned by TTI. The Software is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material except that you may either make one copy of the Software solely for backup or archival purposes or install the Software on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the Software product without express written consent duly signed by an officer of TTI.

Miscellaneous

You may not loan, rent or otherwise transfer Software to others or take any action inconsistent with TTI's ownership of Software, nor reproduce or modify Software. Any violation of these provisions will automatically revoke this license and subject you to legal liability.

Limited Hardware Warranty

New computer peripheral hardware distributed (not manufactured) by TTI is warranted for one year on parts and labor. TTI warrants the computer products it distributes to be free from defects in materials and workmanship for a period of one year on parts and labor from the date of purchase.

New telephony hardware manufactured by TTI is warranted for three years on parts and labor. New telephony hardware distributed by TTI is warranted for one year on parts and labor unless otherwise stated on your invoice.

During the above periods TTI will repair or replace, at its option, any defective products or parts at no additional charge, provided that product is returned, shipping prepaid, to TTI with a valid RMA (return material authorization) number - with the following exception!

Exception: Warranties on computers, peripherals and telephony hardware will NOT be honored unless the ultimate user of the equipment has the following fully functional protective devices installed:

  • a universal power supply (UPS) to protect computers and peripheral cards and devices from line surges, voltage spikes, electrostatic discharges (including lightening) and power outages

  • a telephone line surge protector to protect your telephony card(s) from telephony line voltage spikes and surges originating at your telephone service provider, and from electrostatic discharges (lightening). For digital lines (E1 and T1) CSU protection is required.

Telephone Line Surge Protectors are available from TTI. More information is available at the link listed directly below:

Phone Line Surge Protectors

Over 99% of all failures of TTI computers, peripherals and telephony cards are related to power related anomalies and lightening related near and direct strikes. After inspection of failed equipment it is easy to determine if damage to products sold to you from Talking Technology International, Inc. was caused by surges from your power lines or telephone lines. It is your responsibility to protect yourself against this type of potential damage.

Additionally, TTI will be responsible for labor charges on New telephony cards it manufactures (not damaged by power surges or lightening strikes) for a period of three years from the date of purchase. Labor charges after this period are set at a flat rate of $425 for telephony cards - if they are repairable. Generally, products damaged by lightening are unrepairable.

All used telephony cards and products are warranted for 30 days.

Repair charges on all product not manufactured by TTI will be charged at the manufacturere's then prevailing rates.

Limited Software Warranty

Software is inherently complex and may not be error-free. Software is not warranted and is provided 'as-is'. However, TTI warrants that the enclosed diskette itself is free from defects in materials and workmanship under normal use for 90 days from the date of purchase. TTI will replace a defective diskette at no charge upon return of the faulty media to TTI with proof of purchase. This is your sole remedy under this license.

The above warranty is in lieu of all other warranties, expressed or implied, including the implied warranties of merchantability and fitness for a particular purpose. Some states do not allow the exclusion of implied warranties, so this exclusion may not apply to you.

No Other Warranties

To the maximum extent permitted by other applicable law, TTI and its suppliers disclaim all other warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with regard to the Software and/or any accompanying hardware. Because of the wide variety of computer hardware and software, telecommunication hardware and providers, interconnects, and variation in telephone company protocols, TTI does not warrant that its products will or can function in any particular environment.

Limitation of Liability

Talking Technology International, Inc. will not be liable for direct, indirect, special, incidental or consequential damages, including re-procurement costs, loss of profits, sums paid by the buyer to third parties or loss of data arising out of the use or inability to use Software, even if TTI has been advised of the possibility of such damages. In addition, TTI will assume no liability for any telephone charges, loss of profits, or loss of business whether it be residential or commercial in nature.

In addition to the above limitations of liability, Talking Technology International, Inc. will not assume any liability for violations of Federal, State or local laws related to the outbound telemarketing, auto dialing or call processing. It is the individual user that configures and operates hardware and software sold by Talking Technology International, Inc.. Ultimately, Talking Technology International, Inc. has no control over the users of its equipment, and therefore, users of the equipment assume all liabilities, whether they be federal, state or local in nature.

It is the responsibility of each user of equipment manufactured and/or distributed by Talking Technology International, Inc. to determine laws related to how they will utilize equipment in their particular locale. If you have questions related to the legality of a specific application you are planning on implementing, we suggest that you obtain the opinion of a qualified legal professional prior to putting the application online. In addition, if you have not yet purchased equipment from Talking Technology International, Inc. and you are unsure of the legality of an application you are planning on using, we suggest that you receive the opinion of a professional prior to making your purchase from Talking Technology International, Inc..

The foregoing limitations of liability shall apply where any claim is based upon principles of contract, warranty, negligence, or other tart, breach of statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose not withstanding. In any event, TTI's liability shall not exceed the purchase price paid for the product. US Government restricted Rights: The enclosed program and documentation are provided with restricted and limited rights; Use, duplication or disclosure by the Government is subject to restrictions as set forth in FAR Sec. 52.227-20, Alternate III(g)(3), FAR Sec. 52.227-19 or DFARS Sec. 52.227-7013(c)(i)(ii), as applicable. Contractor/manufacturer/distributor is Talking Technology International, Inc., 6558 Lucas Avenue, Suite 301, Oakland, CA 94611.

Trademarks

The terms PowerVoice, BigmOuth and Powerline are trademarks of Talking Technology International, Inc..

TTI's manuals may be reproduced in ANY form without the written consent of Talking Technology International, Inc..

Performance of BigmOuth, Goldmine and PowerVoice software, and Powerline I and PowerVoice 4 hardware is in part due to the nature, quality and configuration of the personal computer into which they are installed, the telephony systems with which they are integrated and the functionality of various telephone service providers. For the above reasons, ultimate responsibility for the proper functioning of a specific telephony application rests solely with the owner of the computer system and telephony equipment.

FCC Notice to Users

Powerline I and PowerVoice 4 telephony cards generate and use radio frequency energy. If not used and installed properly in strict accordance with the manufacturer's instructions, they may cause interference to radio and television reception. Powerline I and PowerVoice 4 cards have been tested and found to comply with the limits for a class B computing device with the specifications in Subpart J of Part 15 of FCC rules, which are designed to provide reasonable protection against such interference in a residential installation.

There is, however, no guarantee that interference will not occur in a particular installation. If this equipment does cause interference to radio or television reception which can be determined by turning the equipment ON or OFF to correct the interference with one or more of the following measures:

1. Adjust the receiving antenna of the radio or television set experiencing interference.

2. Relocate the computer with respect to the radio or television (separate the two pieces of equipment)

3. Plug the computer into a different outlet so that it is on a different branch circuit from the TV or radio.

If necessary, consult a dealer or an experienced radio or television technician for additional suggestions. The booklet How to Identify and Resolve Radio?TV Interference Problems may also be helpful. This booklet is available from the US Government Printing Office, Washington, DC, 20402 (stock #004000003454; D.O.C. approval pending). (D.O.C. numbers and other international approvals available from TTI)



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