To download and/or use the Haptek Player Software ("the Software"),
you must read and agree to the following:
Haptek prohibits the use of the Mindmaker software (text-to-speech software)
for any purpose outside the scope of the Software.
Haptek prohibits the end user from copying the Software except for archival use.
Haptek prohibits the reverse engineering, reverse compilation,
disassembly or decomposition of the Software contained in the Software
software. You, the end user, must agree that Haptek and /or Mindmaker
and/or LIPSinc are not liable for any damages, whether direct, indirect,
incidental or consequential arising from the use of the Software.
END-USER LICENSE AGREEMENT
This License Agreement applies to each software product that you receive
from Haptek Inc. (Haptek), by way of a Web site or by any other means.
By accepting this agreement, you are bound to its terms even for
products that are licensed to you at no monetary charge. REDISTRIBUTION
IS NOT PERMITTED.
The following definitions are applicable to this agreement. "Software"
refers to "Haptek Player" including plug-in modules, licensed software
from third parties and all other material enclosed in the install files.
"Use" consists of either loading the Software into computer memory or
running it in a CPU. "Install" means to copy the Software to a hard disk
drive or any other storage medium.
The customer does not receive title to the Software. Haptek hereby
grants you a non-exclusive license to use its accompanying Software for
personal use, but subject to the following conditions:
Use the Software on any single computer
Copy the Software for archival purposes, however, any copy must contain
all of the original Software's text files including this License
Agreement and any proprietary notices.
YOU MAY NOT:
Permit other individuals to use the Software except under the terms listed above
Modify, translate, reverse engineer, decompile, or disassemble the
Software (except to the extent applicable laws prohibit such restriction)
Create derivative works based on the Software
Copy the Software (except as specified above)
Rent, lease, transfer, license, or otherwise transfer rights to the Software
Remove any proprietary notices or labels from the Software, whether set
forth in text files or on media
Use for public broadcast or performance.
COMMUNICATION OF LICENSE AGREEMENT:
The customer agrees to communicate the terms and restrictions contained
in this Licensee Agreement to all persons under his or her employment,
direction, or control.
DISCLAIMER OF WARRANTY:
the Software is licensed on an "as is" basis, without warranty of any
kind, including without limitation the
implied warranties of merchantability, fitness for a particular purpose,
and non-infringement. The entire risk as to the quality and performance
of the Software is borne by you. Should the Software prove defective,
you and not Haptek assume the entire cost of any service and repair.
This Disclaimer of Warranty constitutes an essential part of the License
SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS
DISCLAIMER MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER LEGAL RIGHTS
THAT VARY FROM STATE TO STATE OR BY JURISDICTION. LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT, CONTRACT, OR
OTHERWISE, SHALL Haptek OR ITS SUPPLIERS, LICENSORS OR RESELLERS BE
LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
LOSS OF DATA, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO
EVENT WILL Haptek BE LIABLE FOR ANY DAMAGES IN EXCESS OF Haptek's LIST
PRICE LICENSE FEE FOR THE SOFTWARE, IF ANY, EVEN IF Haptek SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
Title, ownership rights, and intellectual property rights in and to the
software shall remain in Haptek and/or its licensors or suppliers. The
Software is protected by copyright laws of the United States and international
copyright treaties. If you receive your first copy of the Software
electronically, and a second copy on media, then the second copy may be
used for archival purposes only. Title, ownership rights, and
intellectual property rights in and to the content accessed through the
Software is the property of the applicable content owner, and may be
protected by copyright or other applicable law. This License gives you
no rights to such content.
This License will terminate automatically if you fail to comply with the
limitations described above. On termination, you must destroy all copies
of the Software and documentation.
This Agreement represents the complete agreement concerning this license
between the parties and supersedes all prior agreements and
representations between the parties. This Agreement may be amended only
in 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 CONTAINED IN YOUR PURCHASE ORDER.
If any provision of this Agreement is held to be unenforceable for any
reason, such provision shall be reformed only to the extent necessary to
make it enforceable. This Agreement shall be governed by and construed
under California law as such applies to agreements between California
residents entered into and performed within California, except as
governed by United States Federal law. The application of the United
Nations Convention of Contracts for the International Sale of Goods is
expressly excluded. U.S. GOVERNMENT RESTRICTED RIGHTS:
Use, duplication, or disclosure by or for the U.S. Government is subject
to restrictions set forth in DFARS
252.227-7013 (c)(1)(ii) and FAR 52.227-19, as applicable.
931 Pacific Ave.
Santa Cruz, CA 95060-4429
© 2001 Haptek Inc.
PeoplePutty, VirtualFriend, and the Circuitry-Thumbprint Logo are
registered trademarks of Haptek Inc.
AutomatedPersonality and Haptek are trademarks of Haptek Inc.
Mindmaker and FlexVoice are trademarks of Mindmaker and LIPSinc is a
trademark of Lips, Inc.