USER SOFTWARE LICENSE AGREEMENT
The following are the terms and conditions under which Vocord licenses its software programs.
LIMITED USE SOFTWARE LICENSE AGREEMENT
The terms and conditions of this Agreement will apply to the SOFTWARE supplied herewith and derivatives obtained therefrom, including any copy. The term SOFTWARE includes programs and related documentation supplied herewith.
1) Permitted Uses.
You are receiving a license to use the SOFTWARE supplied by Vocord . You are authorised to make additional copies of this SOFTWARE and documentation so that the total number of copies in your possession, custody or control under this Agreement is not greater than the number of licenses you have purchased. Each authorised copy may be used on a single computer. You may transfer copies of the SOFTWARE licensed under this Agreement to another computer, provided that it is removed from the computer from which it is transferred. “Use” shall mean utilising the whole or any part of the Software by loading, transferring or transmitting the same into or within the computer system for which it was supplied for the processing of the system instructions or statements contained in such Software, storing the whole or any part of the Software or utilising (but not copying) the instructional and/or operational documents (if any) relating to the SOFTWARE. Any other use of this SOFTWARE or removal of the SOFTWARE to any country in which use is not explicitly licensed in the schedule below shall automatically terminate this License for all copies of the SOFTWARE under this Licence.
2) Copyright and Backup.
The SOFTWARE and all copies thereof is, and shall remain, the sole property of Vocord or its suppliers, and is protected by copyright laws and international treaty provisions. Therefore, you may not copy the SOFTWARE, except as authorised above. However you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes..
3) Uses Not Permitted.
You agree that you will not reverse engineer or in any way decode the SOFTWARE to derive from it any source code form. You may not sell, lend or lease the SOFTWARE and you may not transfer your rights under this License Agreement to any third party nor may you use the software until it is fully paid for.
4) Enhancements and updates.
From time to time, Vocord may, in its sole discretion, notify you of and offer to license your use of enhancements and updates to the SOFTWARE. These enhancements and updates will be offered to you at Vocord's then current prices for such enhancements and updates. The license and use by you of these enhancements and updates will be governed by the provisions of this Agreement.
5) Limited Warranty.
Vocord warrants that the original copy of the SOFTWARE will perform substantially in accordance with the accompanying documentation for a period of ninety (90) days from the date of receipt. Vocord's entire liability and your exclusive remedy shall be, at Vocord's option, either (a) return of the price paid or (b) repair or replacement of the SOFTWARE that does not meet Vocord's Limited Warranty and which is verified by certificate of destruction issued by you. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Vocord make no representation or warranties, express or implied, of any kind including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose. Vocord do not warrant or represent that the functions contained in the SOFTWARE will meet your requirements or will operate in the combination selected by you or that the operation of the SOFTWARE will be error free.
6) Limitation of Liability
In no event shall Vocord be liable for any incidental, indirect, special or consequential damages whatsoever (including, but not limited to, lost profits or anticipated savings or interruption of business) arising out of or related to this Agreement, or the use of the SOFTWARE or User Manual, or for any claim by any other party. Vocord's liability arising out of contract, negligence or strict liability in tort shall be limited to one hundred thousand United States dollars for any one event or series of connected events. Vocord agrees to negotiate with you, if you wish, any other limit subject to the availability of suitable insurance and the acceptability to you of different prices.
7) General.
7.1 This Agreement shall be construed and enforced in accordance with the laws of your country.
7.2 In the event of legal action brought by either party to enforce this Agreement, the prevailing party shall be entitled to recover all reasonable legal fees and costs.
7.3 In the event any provision of this Agreement is deemed invalid or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the remainder of this Agreement shall remain in effect.
7.4 This Agreement is the complete and exclusive statement of the rights and liabilities of the parties and supersedes all prior oral or written agreement, proposals, or communications between the parties relating to the SOFTWARE
Vocord Company
1, Marshala Biryuzova str., Moscow, Russia.
