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sharpVoiceâ„¢ Terms and Conditions
This is a legal agreement between you, either individual or entity, and CyberTalkOnline LLC. This agreement pertains to the use of the sharpVoice Software (including the website, service and technology, including all programs, related documentation and all updates which may be periodically provided by CyberTalkOnline LLC). By using the Software and/or the website, you agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, do not use the sharpVoice Software.
sharpVoice hereby gives you a non-exclusive license to use the sharpVoice Software. For evaluation, the license is granted, and is time-limited. For registered release you have to pay a license fee, by following instructions prompted by the program.
You may:
- use the Software on any single computer;
- use the Software on a second computer so long as the primary user of each copy is the same person and more than one copy is not simultaneously;
- copy the Software for archival purposes, provided any copy contains all of the original Software's proprietary notices.
You may not:
- permit other individuals to use the Software except under the terms listed above;
- modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction),
- create derivative works based on the Software;
- copy the Software (except as specified above);
- rent, lease, transfer or otherwise transfer rights to the Software;
- remove any proprietary notices or labels on the Software.
CyberTalkOnline LLC makes no guarantees that any services and/or features which are available free currently will remain so and reserves the right to discontinue a part or whole of the service at any time, or to make those services available only to specific set of users. User agrees to use the sharpVoice services only for lawful purposes. User will not post or transmit on or through the sharpVoice services any libelous, obscene, or otherwise unlawful information of any kind, and User will not engage in any conduct involving the sharpVoice services that would constitute a criminal offense or give rise to civil liability under any local, state, federal or other law or regulation. User shall not upload or transmit any viruses, worms, Trojan horses or other similar materials onto the sharpVoice site. User will not upload, post, reproduce or distribute to or through the sharpVoice services any material protected by copyright, privacy or other proprietary right without first obtaining the written permission of the owner thereof. User shall not attempt to damage, alter or modify the sharpVoice Service, or any software or content in the service. User shall not browse any content of other authorized users in the sharpVoice site. User acknowledges that the sharpVoice services, the sharpVoice Software and systems accessible through the sharpVoice contain copyrighted and other proprietary and confidential information and material, and User will respect all such proprietary rights and take such precautions as may be reasonably necessary to protect private, confidential and other proprietary information and material from unauthorized use or disclosure.
Warranty. THE SERVICES AND SOFTWARE PROVIDED BY CYBERTALKONLINE LLC ARE PROVIDED "AS IS." CYBERTALKONLINE LLC MAKES NO WARRANTY TO YOU OR ANY OTHER PERSON OR ENTITY, WHETHER EXPRESS OR IMPLIED OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR A PARTICULAR USE OR PURPOSE AS TO THE SERVICES PROVIDED IN CONNECTION WITH THE SOFTWARE OR THE WEBSITE AND BOTH WHICH ARE PROVIDED UNDER THIS AGREEMENT, OR AS TO ANY OTHER MATTER, ALL SUCH WARRANTIES HEREBY BEING EXPRESSLY EXCLUDED AND DISCLAIMED. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SOFTWARE OR WEBSITE. sharpVoice DOES NOT WARRANT THAT THE SOFTWARE OR WEBSITE ARE FREE FROM ANY VIRUS OR OTHER CODE THAT IS CONTAMINATING OR DESTRUCTIVE BY NATURE AND YOU ARE RESPONSIBLE FOR IMPLEMENTING AND MAINTAINING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT AS WELL AS PROTECTION FROM SUCH VIRUSES OR OTHER CODE THAT MAY CONTAMINATE OR DESTROY YOUR SYSTEM OR DATA.
Limitation of Liablity. IN NO EVENT SHALL CYBERTALKONLINE LLC, ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANY, AGENTS OR EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY RESPECT FOR ANY COSTS OR DAMAGES ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE USE OF CYBERTALKONLINE LLC'S SERVICES AND/OR SOFTWARE INCLUDING WITHOUT LIMITATION ANY ACTUAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, OR FOR ANY LOSS OF REVENUE, PROFITS, USE, DATA, GOODWILL OR BUSINESS OPPORTUNITIES OF ANY KIND OR NATURE WHATSOEVER, ARISING IN ANY MANNER FROM ANY CAUSE OF ACTION OR CLAIM RELATING TO THIS AGREEMENT, THE SERVICES PROVIDED BY sharpVoice OR TO THE USE OF THE SOFTWARE. THIS LIMITATION OF LIABILITY APPLIES EQUALLY TO ANY THIRD PARTIES WITH WHOM sharpVoice ENTERS INTO A BINDING AGREEMENT TO MARKET, DISPLAY AND/OR DISTRIBUTE THE SOFTWARE TO END USERS AND SUCH THIRD PARTIES SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY OF THE DAMAGES SET FORTH ABOVE.
Indemnification. You agree to indemnify and hold CyberTalkOnline LLC, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party providers from and against any and all damages, losses, costs including attorney's fees and expenses resulting from any violation of this agreement.
Termination. CyberTalkOnline LLC reserves the right to terminate the services provided by sharpVoice and your use of any of sharpVoice services, including but not limited to your use of the sharpVoice' Software, if you violate any of the terms contained in this agreement, CyberTalkOnline LLC's Acceptable Usage Policy or CyberTalkOnline LLC's Privacy Policy. You may terminate this agreement at any time simply be ceasing to use the Software or any other sharpVoice services, however, the provisions contained herein shall survive such termination.
Jurisdiction. This agreement and the relationship between CyberTalkOnline LLC and you shall be governed in accordance with the laws of the State of Maryland. You agree to submit to the exclusive jurisdiction of the State of Maryland.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT AND THAT, BY USING THE SOFTWARE, WEBSITE OR ANY OTHER CYBERTALKONLINE LLC SERVICES, YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS, REMEDIES AND LIABILITIES OF THE PARTIES HERETO.
Copyright 2003 CyberTalkOnline LLC. All rights reserved.
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