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Home > End-user license agreement last updated Tuesday, December 4, 2001

Signalyze end-user license agreement

file version 10/05/2001

The text of the Signalyze end-user license agreement with Linguist Plus, Inc., can be found below. A self-expanding, text-only copy of the license can be downloaded via this link.


Linguist Plus, Inc.
Software License Agreement

Please read this Software License Agreement (hereafter, "License") carefully before using the your new software. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE. If you do not agree to all of the terms of this license, promptly return the software to the place where you obtained it for a full refund.

1. License.

The software accompanying this License and any accompanying documentation, whether on disk, in read only memory, or on any other media (hereafter, "Software") is licensed, not sold, to you by Linguist Plus, Inc. (hereafter, "Linguist Plus"). You own the media on which the Software is recorded but Linguist Plus retains title to the Software. The Software in this package and any copies which this License authorizes you to make are subject to this License.

2. Permitted Uses and Restrictions.

Subject to payment of applicable license fees, Linguist Plus hereby grants to you a non-exclusive license to use this version of the Software, subject to the restrictions below.

2.1 Individual License.

A License purchased by a Single Individual for your individual use (hereafter, "Individual License") allows you, the license purchaser, or another individual acting on your behalf at your direct request, to use the Software on a single computer at a time. This license specifically does not allow the Software covered by an individual license to be in use on more than one computer at a time, nor to be used by anyone other than yourself or someone acting on your behalf at your direct request on your machine, nor to be installed on any machine not belonging to you unless you install the Software yourself for your own exclusive use, and then remove the Software as soon as you are finished using it. You may, however, transfer your rights under this License to another Individual provided you transfer the related documentation, this License and a copy of the Software to a party who agrees to accept the terms of this License, and you then destroy all copies of the Software in your possession.

2.2 Departmental License.

A License purchased by an Academic or other Organizational Department (hereafter, "Departmental License") for use by the faculty, staff, students, officers, employees, associates, or other individuals attached to that Department allows the Software to be installed and used on multiple computers at the same time. The Software may be installed on any computer that is in regular use at the facilities of the Department. All copies of the software must be removed from each machine that is taken out of regular use at the facilities of the Department.

Each Departmental License must be administered by a permanent member of the Department purchasing the license (hereafter, the "Administrator"). It is the sole responsibility of the Administrator to ensure that the terms of this license are adhered to. Departmental licenses may not be transferred by any means.

2.3 All Licenses.

All copies of the software made by any Individual or Department Administrator, for use or backup, must include all copyright information included with the original. Except as permitted by applicable law and this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, create derivative works from the Software or transmit the Software over a network. You may terminate this agreement at any time by destroying all copies of the Software and accompanying documentation under your control. All rights granted under this License will be automatically terminated without notice from Linguist Plus if you fail to comply with any term(s) of this License. Upon termination all copies of the Software must be destroyed.

3. Warranty on Distributed Media.

In the event that the Software was distributed to you on computer media, Linguist Plus warrants that the original media is free from physical defects in materials and workmanship for a period of sixty (60) days from the date of purchase. Should a defect be found during the warranty period, return defective materials to the place of purchase with proof of purchase, and you will receive a replacement at no charge.

4. Disclaimer of Warranty on Software.

You expressly acknowledge and agree that use of the Software is at your sole risk. The Software is provided "AS IS" and without warranty of any kind. LINGUIST PLUS EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. LINGUIST PLUS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, LINGUIST PLUS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LINGUIST PLUS OR AN AUTHORIZED REPRESENTATIVE OF LINGUIST PLUS SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT LINGUIST PLUS OR A LINGUIST PLUS AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The terms of this disclaimer and the limited warranty in section 3 do not affect or prejudice the statutory rights of a consumer acquiring Linguist Plus products otherwise than in the course of a business, neither do they limit or exclude any liability for death or personal injury caused by Linguist Plus's negligence.

5. Limitation of Liability.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL LINGUIST PLUS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. IN NO EVENT SHALL LINGUIST PLUS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID FOR THIS LICENSE TO THE SOFTWARE. Some jurisdictions do not allow the limitation of incidental or consequential damages so this limitation may not apply to you.

6. Export Law Assurances.

You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported
(i) into (or to a national or resident of) any US embargoed country; or
(ii) to anyone on the US Treasury Department's list of Specially Designated Nationals or the US Department of Commerce's Table of Denial Orders.

By using the Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

7. Government End Users.

If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees:

    (i) if the Software is supplied to the Department of Defense (DOD), the Software is classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the Software and its documentation as that term is defined in Clause 252.227-7013(c)(1) of the DFARS; and

    (ii) if the Software is supplied to any unit or agency of the United States Government other than DOD, the Government's rights in the Software and its documentation will be as defined in Clause 52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR.

8. Controlling Law and Severability.

If there is a local subsidiary of Linguist Plus in the country in which the Software License was purchased, then the local law in which the subsidiary sits shall govern this License. Otherwise, this License shall be governed by the laws of the United States and the State of Washington. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

9. Complete Agreement.

This License constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Linguist Plus.

Signalyze is a trademark of Linguist Plus, Inc.
(c) 2001 by Linguist Plus, Inc.
All Rights Reserved Internationally.

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