GoTalk License Agreement
Clicking the "I accept" button on the bottom of this page starts
doanloading GoTalk Software.
Please read below Agreement before you download GoTalk Beta for testing.
If you are 18 years old or younger, please ask your parent to read and agree.
DO NOT DOWNLOAD GOTALK IF YOU DO NOT AGREE.
You (gLicenseeh or gYouh) must read this Software Agreement (this "Agreement")
carefully and thoroughly before downloading, installing, and/or using any software
or materials (collectively referred to as the gGoTalkh) provided herewith.
BY DOWNLOADING, INSTALLING AND/OR USING THE GOTALK, MATERIALS
OR CONTENT, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE TERMS
OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS
OF THIS AGREEMENT, THEN DO NOT DOWNLOAD, INSTALL/COMPLETE
INSTALLATION OF, OR USE THE GOTALK, MATERIALS OR CONTENT.
YOU WILL RECEIVE A CREDIT FOR THE GOTALK IF, WITHIN FIFTEEN (15) DAYS
FROM THE DATE OF DELIVERY, YOU (1) REMOVE THE GOTALK FROM
YOUR COMPUTER; AND (2) CERTIFY IN WRITING THAT YOU (1) HAVE NOT
ACCESSES OR USED THE GOTALK; (2) HAVE REMOVED ALL FILES FROM
YOUR COMPUTER; AND (3) HAVE NOT TRANSFERRED THE GOTALK TO
ANYONE ELSE. IF YOU FAIL TO DO THIS WITHIN FIFTEEN (15) DAYS FROM
THE DATE OF DELIVERY, THEN YOU ARE DEEMED TO HAVE ACCEPTED THE
TERMS OF THIS LICENSE.
1. Grant of License
Subject to the terms and conditions as set forth herein and subject to payment of
all applicable license fees, Agilingua grants Licensee a non-exclusive,
nontransferable license to use the GoTalk for personal use only.
When you wish to use the GoTalk for a group, regardless of profit seeking or not,
you must be licensed separately or included by a multi-site license.
2. Evaluation Version use
Licensee may evaluate this Software without purchasing a license
(the gEvaluation Versionh) for a maximum of fifteen (15) calendar days (the "Evaluation Period").
The Evaluation Version will automatically expire after the Evaluation Period.
On or before the expiration of the Evaluation Period, Licensee must purchase
a license from AGILINGUA in order to continue to use the Software,
or you are required to remove this Software and any archived copy
from your computer immediately following the expiration of the Evaluation Period.
3. Restrictions
Licensee shall take all necessary steps to protect The GoTalk against unauthorized
use and disclosure to third parties. Licensee shall not share, sell, assign or transfer
this license to any third party without the prior written consent of Agilingua.Licensee
shall use the GoTalk in compliance with all applicable laws and not for any unlawful purpose.
Without limiting the foregoing, use, display or distribution of this
Software together with material that is pornographic, racist, vulgar, obscene,
defamatory, libelous, abusive, promoting hatred, discriminating or displaying
prejudice based on religion, ethnic heritage, race, sexual orientation or
age is strictly prohibited.
Each licensed copy of the GoTalk may be used on one single computer location.
gUseh of the GoTalk means that Licensee have loaded, installed, or run the Software
on a computer or similar device. If you install the GoTalk onto a multi-user platform,
server or network, each and every individual user of the Software must be licensed
separately or included by a multi-site license.
Others may not use or install your copy of the GoTalk.
The assignment, sublicense, networking, sale, or distribution of copies of
the GoTalk are strictly forbidden without the prior written consent of AGILINGUA.
It is a violation of this Agreement to assign, sell, share, loan, rent, lease, borrow,
network or transfer the use of the GoTalk. If any person other than yourself uses
the GoTalk registered in your name on another computer location or workstation,
regardless of whether it is at the same time or different times,
then this Agreement is being violated and you are responsible for that violation.
4. Title
Agilingua shall retain all right, title, and interest, including all patents, copyrights,
trade secrets, trade names, trademarks, and other intellectual property rights in and to
The GoTalk. The GoTalk is licensed, not sold to Licensee.
Licensee may not reverse engineer, decompile or disassemble The GoTalk or modify,
adapt, translate or create derivative works of The GoTalk except in accordance
with this Agreement or with the prior written consent of Agilingua.
Licensee shall retain all right, title and interest in and to the Developments that function
wholly independently of The GoTalk.
5. Limited Warranty
ALL GOTALK IS PROVIDED gAS ISh, gWITH ALL FAULTSh,
AND WITH NO WARRANTY WHATSOEVER.
AGILINGUA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED,
OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES
OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
6. Termination
The license will automatically terminate if Licensee fails to comply with any of the terms
and conditions of the license. Upon termination for any reason,
Licensee will immediately destroy or return GoTalk to Agilingua.
The GoTalk materials, including all documentation and all whole or partial copies of the GoTalk.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL AGILINGUA BE LIABLE TO LICENSEE OR ANY THIRD PARTY
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED
AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OF THIS GoTalk SOFTWARE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE.
8. General
This Agreement and all transactions concluded hereunder shall be governed
by the laws of the State of New York, as such laws are applied to contracts
entered into and performed entirely in New York by New York residents.
Any litigation relating to this Agreement shall be subject to the exclusive
jurisdiction of the state located in the county of New York or the federal
courts located in the Southern District of New York. If any provision of this
Agreement is held to be invalid, illegal or unenforceable, that provision shall be
construed in such a manner that it becomes valid and enforceable and so as to
reflect most closely the intent of the parties in agreeing upon the provision in the first place,
and the remaining provisions of this Agreement shall continue in full force and effect
and shall not in any way be affected or impaired by any such determination of invalidity,
illegality or unenforceability.
THIS AGREEMENT IS THE ENTIRE AND EXCLUSIVE AGREEMENT
BETWEEN AGILINGUA AND LICENSEE AND SUPERSEDES ALL PRIOR
ORAL AND WRITTEN AGREEMENTS AND COMMUNICATIONS BETWEEN
THE PARTIES PERTAINING TO THE SUBJECT MATTER OF THIS AGREEMENT.
NO DIFFERENT OR ADDITIONAL TERMS WILL BE ENFORCEABLE AGAINST
AGILINGUA UNLESS AGILINGUA GIVES ITS EXPRESS WRITTEN CONSENT,
INCLUDING AN EXPRESS WAIVER OF THE TERMS OF THIS AGREEMENT.
Revised February12, 2009
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