Call Engineering

THE AGREEMENT

CALL ENGINEERING SVSERVER SOFTWARE LICENSE

	ALL OF THE SOFTWARE IS LICENSED, NOT SOLD TO YOU FOR USE ONLY UNDER THE TERMS OF THIS AGREEMENT.  CALL ENGINEERING (CE) RESERVES ALL OF THE RIGHTS NOT EXPRESSLY GRANTED TO YOU.  YOU OWN THE DISK OR MEDIA UPON WHICH THE SOFTWARE IS AFFIXED, BUT CE RETAINS ALL TITLE AND OWNERSHIP OF THE SOFTWARE AND DOCUMENTATION.

	THE SOFTWARE IS LICENSED FOR USE ON A SINGLE COMPUTER.    YOU MAY NOT COPY, DUPLICATE, OR MODIFY THE SOFTWARE,  OR DOCUMENTATION EXCEPT AS STATED AND TO MAKE ONE ARCHIVAL COPY OF THE SOFTWARE FOR BACKUP.  YOU AGREE NOT TO USE THE SOFTWARE AS A COMPETING DEVELOPMENT TOOL.  THE SOFTWARE MAY NOT BE RENTED OR LEASED.   A SEPERATE LICENSE MUST BE PURCHASED FOR DEPLOYED  SVSERVER BASED APPLICATIONS.

	YOU, YOUR EMPLOYEES AND AGENTS ARE REQUIRED TO PROTECT THE CONFIDENTIALITY OF THE SOFTWARE AND DOCUMENTATION.

LIMITED WARRANTY AND DISCLAIMER OF WARRANTY

	THIS SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS (INCLUDING INSTRUCTIONS FOR USE ARE PROVIDED  "AS IS WITHOUT WARRANTY OF ANY KIND. FURTHER, CALL ENGINEERING (CE) DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF
THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE YOU, AND NOT CE OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

	THE ABOVE IS THE ONLY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THAT IS MADE BY CE, ON THIS CE PRODUCT.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CE, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION
OR ADVICE. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

	NEITHER CE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION,  PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING INJURY,  LOSS OF LIFE OR PROPERTY, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF CE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 	BY ORDERING OR USING THE  CE  PRODUCT YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LIMITED WARRANTY, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS' TERMS AND CONDITIONS. YOU ALSO AGREE THAT THE LIMITED WARRANTY IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDE ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THE LIMITED WARRANTY.

