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PHONOLOGIES (INDIA) PRIVATE LIMITED ("PHONOLOGIES") IS WILLING TO LICENSE
THE BINARY CODE VERSION OF OKTOPOUS™ PIK Version 1.4 ("SOFTWARE") TO YOU
ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS
BINARY CODE LICENSE AGREEMENT FOR OKTOPOUS™ PIK Version 1.4 ("AGREEMENT").
1. LICENSE: Phonologies hereby grants you (individual or organization)
a non-exclusive, non-transferable, limited license without fees to use
its Software, the software program's object code and accompanying
documentation on the following terms and only for evaluation and
NON-COMMERCIAL purposes. The terms and conditions of this Agreement
will apply to any Software updates, provided to you at Phonologies'
discretion, that replace and/or supplement the original software,
unless such update contains a separate license. You may use the Software
or make copies of the Software on any computer in your possession for the
purposes of evaluating and integrating Software into your product or
developing or running applications on the Software ("Intended Use").
2. LIMITATIONS ON LICENSE: The copies of Software provided to you under
this Agreement is licensed, not sold, to you by Phonologies. Phonologies
reserves all rights not expressly granted and the license granted in
Section 1 is subject to the following restrictions:
a. The Software is to be used only for evaluation and NON-COMMERCIAL
purposes only, unless you obtain Phonologies' prior written consent.
Prohibited commercial purposes include, but are not limited to
(i) Selling, licensing, renting or demonstration the Software to
third parties or customers for fee (or without a fee) by payment
of money or otherwise, whether direct or indirect; (ii) Using the
Software to provide services or products to others for which you are
compensated (or not compensated) in any manner by payment of money or
otherwise, whether direct or indirect, including, without limitation,
providing support or maintenance for the Software or the product the
Software is integrated or on which applications run.
Other prohibited use includes, but are not limited to (i) You may not
modify Software. However if the documentation accompanying Software lists
specific portions of Software, such as header files, APIs, reference
source code, and/or redistributable files, that may be handled
differently, you may do so only as provided in the documentation; (ii) You
do not remove or alter any proprietary legends or notices contained in
the Software; (iii) You do not decompile or reverse engineer Software
unless required by law; (iv) No right, title or interest in or to any
trademark, service mark, logo or trade name of Phonologies or its
licensors is granted under this Agreement.
3. TITLE: Title, ownership rights, and intellectual property rights in and to the
Software, and each copy thereof (including all copyrights therein), shall remain
in Phonologies. The Software is protected by the copyright laws of India and
International Copyright Treaties.
4. OPEN SOURCE: Portions of Software may be provided with notices and open source
licenses from third parties that govern the use of those portions, and any licenses
granted hereunder do not alter any rights and obligations you may have under such
open source licenses, however, the disclaimer of warranty and limitation of
liability provisions in this Agreement will apply to all Software in this
5. COPYRIGHT AND TRADEMARK NOTICES: The Software and all accompanying
documentation and all computer files is Copyright (c) Phonologies (India) Private
Limited 2001 - 2011. All rights reserved. These rights include but are not limited
to any foreign language translations of the manual or the Software, and all
derivative works of both. The trademarks Oktopous™ are the property of Phonologies
(India) Private Limited, and other trademarks are the property of their respective
6. NO PHONOLOGIES OBLIGATION: You are solely responsible for all of your costs and
expenses incurred in connection with the evaluation and integration of the Software,
and Phonologies shall have no liability, obligation or responsibility therefore.
Phonologies shall have no obligation to provide maintenance, support, upgrades or
new releases to you of the Software.
7. DISCLAIMER OF WARRANTY: UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED
CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED,
EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
8. LIMITATION OF LIABILITYE: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT,
CONTRACT, OR OTHERWISE, SHALL PHONOLOGIES, ITS DISTRIBUTORS AND SUPPLIERS, OR ANY
OTHER PERSON WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE
SOFTWARE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY CHARACTER ARISING OUT
OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT
LIMITED TO PERSONAL INJURY, LOSS OF PROFITS, LOSS OF DATA, OUTPUT FROM THE SOFTWARE
OR DATA BEING RENDERED INACCURATE, FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER
PROGRAMS, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES OF WHATEVER NATURE, EVEN IF
PHONOLOGIES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
9. INDEMNIFICATION: You shall defend, indemnify and hold harmless Phonologies, its
distributors and suppliers, and all other persons who have been involved in the
creation, production, or delivery of the Software, from any claim, demand, liability,
damage award, suit, judgment, or other legal action (including reasonable attorney's
fees) arising out of your Intended Use or modification of the Software.
10. TERMINATION: The license granted hereunder is effective until terminated by
Phonologies. You may terminate it at any time by destroying the Software or any
copies thereof. If any provision of this Agreement is held to be unenforceable for
any reason, this Agreement shall terminate. This license will terminate automatically
if you fail to comply with the limitations described above. Upon termination, you must
destroy all copies of the Software and confirm compliance in writing to Phonologies.
11. ENTIRE AGREEMENT: This Agreement is the entire agreement between you and Phonologies
relating to its subject matter and supersedes all prior or contemporaneous oral or written
communications, proposals, representations and warranties and prevails over any conflicting
or additional terms of any quote, order, acknowledgment, or other communication between
the parties relating to its subject matter during the term of this Agreement. No
modification of this Agreement will be binding, unless in writing and signed by an
authorized representative of each party. Address all correspondence regarding this
12. GOVERNING LAW: This Agreement and any action related to this Agreement shall be governed
by and construed in accordance of the laws of India prevalent at the date of this Agreement
and in conjunction with United Nations Convention on Contracts for the International Sale