Eloquence Personal Edition Software is subject to a license agreement.
Be sure to read and agree to the license BEFORE you use the software.
Eloquence Software Personal Edition User License Agreement
BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING THE
SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE
BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE
TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON
THAT INDICATES YOU DO NOT ACCEPT THE TERMS AND DO NOT
INSTALL THE SOFTWARE.
This Agreement sets forth the terms and conditions of your use of the
accompanying Eloquence software product (the "Software"). Any third
party software that is provided with the Software with such third
party's license agreement (in either electronic or printed form) is
included for use at your option. If you choose to use such software,
then such use shall be governed by such third party's license agreement
and not by this Agreement. As used in this Agreement, "HP" shall mean
Hewlett-Packard GmbH, Germany.
For purposes of this Agreement, "Licensor" shall be defined as follows:
If you have acquired a third party product or service and such product
or service included the Software, then such third party shall be the
Licensor. Otherwise, HP shall be the Licensor.
Licensor grants you a non-exclusive and non-transferable license to use
the Software and accompanying documentation("Documentation"), subject to
the limitations below. If the Software is used for non-commercial
software development or for evaluation/demonstration purposes there is no
fee for this license.
LIMITATIONS ON USE.
With respect to all Software, you may not:
modify, translate, reverse engineer, decompile, disassemble (except and
solely to the extent an applicable statute expressly and specifically
prohibits such restrictions), or create derivative works based on the
rent, lease, grant a security interest in, or otherwise transfer rights
other proprietary notices, legends, symbols or labels in the Software,
or in copies you have made of the Software.
DISCLAIMER OF WARRANTY FOR EVALUATION SOFTWARE.
Evaluation Software are provided on an "AS IS" basis, without warranty
of any kind, including without limitation the warranties that the
Evaluation Software is free of defects, merchantable, fit for a
particular purpose or non-infringing. The entire risk as to the quality
and performance of the Standard Software and Evaluation Software is
borne by you. Should the Evaluation Software prove defective in any
respect, you and not Licensor or its suppliers assume the entire cost of
any service and repair. In addition, the security mechanisms implemented
by the Evaluation Software have inherent limitations, and you must
determine that the Evaluation Software sufficiently meets your
requirements. This disclaimer of warranty constitutes an essential part
of this Agreement. No use of the Evaluation Software is authorized
hereunder except under this Disclaimer.
Title, ownership rights, and intellectual property rights in the Software
and Documentation shall remain in HP and/or its suppliers. You acknowledge
such ownership and intellectual property rights and will not take
any action to jeopardize, limit or interfere in any manner with HP's or
its suppliers' ownership of or rights with respect to the Software and
intellectual property laws and by international treaties. Title and
related rights in the content accessed through the Software is the
property of the applicable content owner and is protected by applicable
law. The license granted under this Agreement gives you no rights to
This Agreement and the license granted hereunder will terminate
automatically if you fail to comply with the limitations described
herein. Upon termination, you must destroy all copies of the Software
and Documentation. Your obligations to pay accrued charges and fees
shall survive any termination of this Agreement.
None of the Software or underlying information or technology may be
downloaded or otherwise exported or reexported (i) into (or to a
national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran,
Syria or any other country to which the U.S. has embargoed goods;
or (ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Denial
By downloading or using the Software, you are agreeing to the foregoing
and you are representing and warranting that you are not located in,
under the control of, or a national or resident of any such country or
on any such list. In addition, you are responsible for complying with
any local laws in your jurisdiction which may impact your right to
import, export or use the Software, and you represent that you have
complied with any regulations or registration procedures required by
applicable law to make this license enforceable.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT,
CONTRACT, OR OTHERWISE, SHALL LICENSOR OR ITS SUPPLIERS OR RESELLERS
BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL
DAMAGES OR LOSSES. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY
DAMAGES IN EXCESS OF THE AMOUNT LICENSOR RECEIVED FROM YOU FOR A
LICENSE TO THE SOFTWARE, EVEN IF LICENSOR SHALL HAVE BEEN INFORMED
OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY
THIRD PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY
FOR DEATH OR PERSONAL INJURY RESULTING FROM LICENSOR'S NEGLIGENCE
TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION
MAY NOT APPLY TO YOU.
HIGH RISK ACTIVITIES.
The Software 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 could lead directly to death,
personal injury, or severe physical or environmental damage
("High Risk Activities"). Accordingly, Licensor and its suppliers
specifically disclaim any express or implied warranty of fitness for
High Risk Activities.
This Agreement represents the complete agreement concerning the license
granted hereunder and may be amended only by a writing executed by both
parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS
EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH
HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of
this Agreement is held to be unenforceable, such provision shall be
reformed only to the extent necessary to make it enforceable. Unless
otherwise agreed in writing, all disputes relating to this Agreement
(excepting any dispute relating to intellectual property rights) shall
be subject to final and binding arbitration in Santa Clara County,
California, under the auspices of JAMS/EndDispute, with the losing
party paying all costs of arbitration. This Agreement shall be governed
by California law, excluding conflict of law provisions (except to the
extent applicable law, if any, provides otherwise). The application of
the United Nations Convention on Contracts for the International Sale of
Goods is expressly excluded.
U.S. GOVERNMENT END USERS.
The Software is a "commercial item," as that term is defined in
48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software"
and "commercial computer software documentation," as such terms are
used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212
and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S.
Government End Users acquire the Software with only those rights set