ClickerTX Copyright © 1998 Dimension 4 Systems
All rights reserved.
UK spelling of Licence used.
You should carefully read the following terms and conditions before using this software. Unless you have a different licence agreement signed by CyberCow your use of this software indicates your acceptance of this licence agreement and warranty.
Registered Version
One registered copy of ClickerTX may either be used by a single person who uses the software personally on one or more computers, or installed on a single workstation used nonsimultaneously by multiple people, but not both.
You may access the registered version of ClickerTX through a network, provided that you have obtained individual licences for the software covering all workstations that will access the software through the network. For instance, if 8 different workstations will access ClickerTX on the network, each workstation must have its own ClickerTX licence, regardless of whether they use ClickerTX at different times or concurrently.
SHAREWARE LICENCE
Evaluation and Registration
This is not free software. You are hereby licensed to use this software for evaluation purposes without charge. The unregistered version limits the number of addresses which can be stored in each directory to five. If you wish to use this software for directories with more than five addresses, a registration fee of $14.95 is required. This price is guaranteed only until 31st December 1998. After this date, refer to the Dimension 4 Systems web site at www.d4systems.com for the current price. See the section Registering for details on how to register.
Governing Law
This agreement shall be governed by the laws of Scotland.
Disclaimer of Warranty
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. Because of the various hardware and software environments into which ClickerTX may be put, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED.
Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the program. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.
If you have any questions regarding this Licence, please contact:
Dimension 4 Systems
Telephone: +44 (0) 1357 529098
Fax: +44 (0) 1357 529098
E-mail: support@d4systems.com
Web site: www.d4systems.com
Read First
Licence, Warranty and Copyright
OWNERSHIP AND COPYRIGHT OF SOFTWARE: Title to the product described in this CD-ROM (the "SOFTWARE") and all copies thereof remain with 01 Communique Laboratory Inc. The SOFTWARE is copyrighted and is protected by Canada copyright laws, international treaty provisions, and all other applicable national laws. Any duplication of the SOFTWARE other than for backup or archival purposes is a violation of law. You may not copy, reproduce, transcribe, store in a retrieval system or translate, in whole or in part, the written materials accompanying the SOFTWARE without prior consent in writing from 01 Communique Laboratory Inc., and you agree to prevent any unauthorized copying of the SOFTWARE.
LIMITED WARRANTY: 01 Communique Laboratory Inc. or its distributor, depending on which party produced the SOFTWARE, warrants that the media on which the SOFTWARE is furnished will be free from defects in materials and workmanship under normal use for a period of 90 days from the date of receipt. 01 Communique or its distributors entire liability and your exclusive remedy shall be the replacement of the SOFTWARE if the media on which the SOFTWARE is furnished proves to be defective. This warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.
DISCLAIMER: The SOFTWARE and accompanying written documentation are provided "AS IS" without warranty of any kind, except as provided above.
LIMITATION OF LIABILITY: THE ABOVE WARRANTIES ARE THE ONLY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OR MERCHATABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NEITHER 01 COMMUNIQUE NOR ITS DISTRIBUTORS SHALL BE LIABLE FOR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER INDIRECT, SPECIAL, INCIDENTAL DAMAGES OF ANY KIND) ARISING OUT OF THE USE OR INABILITY TO USE THIS 01 PRODUCT, EVEN IF 01 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, 01S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.
UPDATE POLICY: 01 Communique may create, from time to time, updated versions of the SOFTWARE and its accompanying written documentation. At its option, 01 Communique will make such updates available to the LICENSEE who have paid the updated fee.
01/FAX, 01/FAXCOM, 01/FAX for WorkGroups,COMMUNICATE! and COMMUNICATE! PRO are trademarks of 01 Communique Laboratory Inc. Other referenced brands and products are trademarks or registered trademarks of their respective manufacturers.
Copyright 1998. 01 Communique Laboratory Inc.
1450 Meyerside Drive, Mississauga, Ontario L5T 2N5, Canada
HotOffice Service
License and Terms of Service Agreement
IMPORTANT: HotOffice, and all software and documentation relating thereto, together with all components thereof (collectively, "HotOffice") is protected by United States copyright, patent, trademark and other applicable laws and international treaty provisions. Your right to download, install and use HotOffice is limited by the terms and conditions of the scrollable License and Terms of Service Agreement below, and is expressly conditioned upon your reading, understanding, and agreeing to the License and Terms of Service Agreement below in its entirety before downloading and/or using HotOffice. AT THE END OF THE LICENSE AND TERMS OF SERVICE AGREEMENT, YOU WILL BE ASKED TO ACCEPT OR REJECT THE TERMS. AGREEMENT TO ALL TERMS OF THE LICENSE AND TERMS OF SERVICE AGREEMENT IS REQUIRED TO BE AN AUTHORIZED USER OF HOTOFFICE. You may also be subject to additional terms and conditions that apply when you use affiliate services, third party content, software or other services accessible through HotOffice.
LICENSE AGREEMENT AND TERMS OF SERVICE
This License Agreement and Terms of Service Agreement ("Agreement") for HotOffice, once accepted by you as set forth below, is your proof of your license to download, install and use HotOffice subject to the terms and conditions of this Agreement.
I. LICENSE GRANT. Subject to the terms of this Agreement, HotOffice Technologies, Inc. ("HT") grants to you a personal, nonexclusive, nontransferable license to download, install, and use HotOffice for your lawful personal use. You are responsible for all activities conducted through your HotOffice account. Software necessary for use of HotOffice may be installed and used on up to three computers under your immediate control, and may only be used by you and other persons who have agreed to the terms and conditions of this Agreement.
II. FEES, PAYMENT AND YOUR RIGHT TO CANCEL.
(A) Fees. In consideration of the license to use HotOffice, you shall pay to HT a monthly license fee at the applicable rate then in effect. The current licensing fees will be posted both in the Management Center's "Billing and Usage" area or similar location within HotOffice and on the HotOffice public Web Site at www.hotoffice.com. (HotOffice may from time to time offer limited time "Free Trial" or similar promotions during which no subscription fee or a reduced subscription fee shall apply. During such promotions, all provisions of this Agreement shall remain in full force and effect. Charges for fee-based content shall apply during any such promotional periods.) License fees are due and payable before HotOffice is used. If HotOffice does not receive full payment of your HotOffice account balance within thirty (30) days of the date your account statement is made available to you, an additional 1.5% (or the highest amount permitted by law, whichever is lower) per month late charge may be added to your bill and will be immediately due and payable. You also agree to be liable for all attorneys' fees, costs and/or disbursements incurred by HotOffice relating to the collection of your unpaid account. The charges contained on your account statement will be deemed acceptable by you unless you notify HotOffice of any billing discrepancy within sixty (60) days after they first appear on your account statement. You also agree to timely pay for: (i) any purchases made or facilitated through HotOffice; and (ii) any communications charges or other fees incurred in connection with your use of HotOffice including, without limitation, all charges and surcharges relating to telephone and computer equipment, communications links, connect time costs, and internet service provider fees.
(B) Credit Card Payment. If you have elected to pay for HotOffice by credit card, and HotOffice does not receive payment from the credit card issuer, you agree to pay all amounts due HotOffice immediately upon demand by HotOffice. Each time you use HotOffice you agree that HotOffice is authorized to charge your designated credit card account for the applicable rate for HotOffice then in effect. (Your agreement with your credit card issuer governs use of your credit card, and you must refer to that agreement to ascertain your rights and liabilities as a cardholder.)
(C) Termination or Cancellation by You. You are free to terminate or cancel this Agreement at any time, and for any reason; provided, however, for such termination or cancellation to be effective you must carry out such termination in accordance with the policies and procedures established by HotOffice which will be posted in the Management Center's "Billing and Usage" area or similar location within HotOffice. If you have any questions concerning the appropriate method by which to cancel this Agreement, you should contact at HotOffice Customer Satisfaction representative at the telephone number provided at www.hotoffice.com.
III. PROHIBITED USE OF THE HOTOFFICE SERVICE.
(A) Nature of Communications. Communication by or through the HotOffice service can occur in real time and in some instances may be posted on message boards, bulletin boards, or contained within file libraries. You acknowledge that HT cannot, and does not intend to, screen any communication in advance for accuracy, completeness, or conformity with this Agreement or any applicable laws. Accordingly, you acknowledge that HT, nor any of its affiliates, agents, content providers or service providers shall assume or have any liability whatsoever to you or any other party for any action or inaction by HT or any of its affiliates, agents, content providers or service providers with respect to communications made by or through HotOffice.
(B) Specific Prohibitions. You may not use, nor allow any others to use HotOffice, either directly or indirectly, to make, create, solicit, transmit, upload, or publish any comment, request, suggestion, proposal, image, data file, or other communication which: (i) is, or is likely to be perceived by an intended recipient or target to be, obscene, lewd, lascivious, filthy, or indecent, with intent to annoy, abuse, threaten, or harass another person; (ii) violates any rights of others, including but not limited to, infringement of any proprietary rights, copyrights, trademarks, patents, or trade secrets; (iii) libels, defames or slanders any person, or infringes upon any person's privacy rights; (iv) contains or embodies any computer virus, harmful component or corrupted data; (v) adversely affects the performance or availability of HotOffice for any HotOffice user(s); (vi) impersonates any person or entity, including without limitation HT personnel; or (vii) violates any applicable local, state, national, international or foreign law, including, but not limited to, laws relating to the export of prohibited or restricted information to foreign nationals or nations as set forth in the rules and regulations of the United States Department of State and the United States Department of Commerce.
In addition, you may not use HotOffice to send unsolicited advertising or promotional materials (including, without limitation, "spam" or bulk e-mail) without the prior express written consent of HotOffice.
(C) No Reverse Engineering or Alteration. You may not modify, translate, reverse engineer, decompile, or disassemble HotOffice, or any component thereof (including, but not limited to, any third party content or services contained in HotOffice), or remove any proprietary notices or labels contained in HotOffice or permit any other party to do so. All applicable rights to patents, copyrights, trademarks and trade secrets contained in HotOffice and any modifications to them are, and shall remain, the property of HotOffice or its third party content and/or service providers, as the case may be.
IV. ACCESS TO THIRD-PARTY CONTENT.
HT provides its users with the ability to access, and in some instances purchase, goods and services provided by third-parties. (For example, HotOffice may provide you with the ability to purchase travel reservations services online.) You will find that purchases of third-party goods and/or services will often be governed by their own separate terms and conditions, which you should review prior to making any purchase. HT endeavors to provide its users with access to first-class quality products and services, but does not warrant or guarantee the quality of content, products or service made available through HotOffice. However, if you experience any problems with any third-party good or service, contact our customer satisfaction personnel, and they will promptly investigate the matter.
V. USE OF DATA.
HotOffice's policies concerning use of personally identifiable information and data can be reviewed online via hyperlink from the Sign On page at www.hotoffice.net. HotOffice does not market or sell any personally identifiable information to any third party. Notwithstanding HotOffice's policies concerning use of personally identifiable data, you agree that HotOffice shall nonetheless have the right to maintain and use such information and other data and records pertaining to you and other users of HotOffice in the internal operation, administration and management of HotOffice and may provide such information to the courts, law enforcement agencies or others involved in prosecuting claims or investigations for conduct or conditions alleged or believed to be illegal or to violate or threaten the rights of any person.
Nothing in this Section shall be construed to limit HotOffice's use of, or rights in, other information not covered by the terms of this Section.
VI. MODIFICATION OF TERMS; TERMINATION, CANCELLATION, AND SUSPENSION.
(A) Modification of Terms. HT frequently updates, modifies, and otherwise continually seeks to improve HotOffice. Such changes often dictate that we simultaneously modify our terms of service. As such, HotOffice shall have the right to modify the terms of this Agreement and to change or discontinue any aspect or feature of HotOffice, in either case as it deems reasonably necessary. Such changes shall be effective immediately upon posting of such addition, change, or deletion. Any use by you of HotOffice after any such change has been posted shall constitute your acceptance of any such changes. If you do not agree with any such changes, you may cancel HotOffice in accordance with the procedures for cancellation set forth in this Agreement. You acknowledge and agree that it is your responsibility to review this Agreement from time to time and to be aware of any such changes. The current version of this Agreement may be obtained by calling a HotOffice customer satisfaction representative and may also be posted in the copyright area of HotOffice Sign On page.
(B) Termination, Cancellation and/or Suspension by HotOffice. This Agreement and the license granted hereunder may be terminated, cancelled and/or suspended by HT at any time if, in HT's determination, you breach these terms of service. Such termination, cancellation and/or suspension by HT shall be effective immediately upon notification by HT to you in any reasonable manner, including but not limited to, notification by e-mail. Upon, during, and/or after any such breach, HT may elect to suspend, terminate and/or cancel this Agreement and/or recover any and all damages from you arising from or relating to the event(s) giving rise to the suspension, termination or cancellation.
(C) Termination or Cancellation by You. You are free to terminate or cancel this Agreement at any time, in accordance with Section III(C).
(D) Obligations Upon Termination and/or Cancellation. Upon any termination, cancellation and/or suspension of this Agreement, you are responsible for any obligations then accrued including, but not limited to, payment of any costs or charges that may arise in connection with such termination, cancellation and/or suspension, and payment of all monthly subscription and storage fees through the entire billing month in which said termination, cancellation and/or suspension occurs. Your payment and other obligations under this Agreement are not suspended, stayed, or otherwise affected by a suspension of your access to or use of HotOffice (in whole or in part) where said suspension arises from your failure to comply with, or your violation of, the terms of this Agreement or of any law or legal obligation. Upon termination and/or cancellation, for any reason, You agree to immediately cease using HotOffice and remove all HotOffice software installed on any computer in your possession or under your control. HT shall have no obligation to you after any termination or cancellation of this Agreement.
VII. NO WARRANTIES OR LIABILITIES.
(A) GENERALLY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF HOTOFFICE AND THE INTERNET GENERALLY IS AT YOUR OWN RISK AND THAT HOTOFFICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED. HT WILL USE COMMERICIALLY REASONABLE EFFORTS TO MAKE ACCESS TO HOTOFFICE AVAILABLE TO YOU THROUGH THE REQUIRED ACCESS PROTOCOLS, BUT MAKES NO WARRANTY OR GUARANTEE THAT YOU WILL BE ABLE TO ACCESS HOTOFFICE AT ANY PARTICULAR TIME OR ANY PARTICULAR LOCATION.
(B) ADDITIONAL LIMITATIONS. Without limiting the generality of the terms set forth in Section VII(A), HT and its affiliates, agents, content providers, service providers, and licensors:
(i) HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AS TO THE ACCURACY, COMPLETENESS, NONINFRINGEMENT, MERCHANTABLIITY OR FITNESS FOR PARTICULAR PURPOSE OF HOTOFFICE GENERALLY, AND ANY CONTENT OR SERVICES CONTAINED THEREIN, AS WELL AS ALL EXPRESS AND IMPLIED WARRANTIES THAT THE OPERATION OF HOTOFFICE GENERALLY AND ANY CONTENT OR SERVICES CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE;
(ii) SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INACCURACY, ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR IN PART BY FAILURES, DELAYS OR INTERRUPTIONS IN HOTOFFICE GENERALLY, AND ANY CONTENT OR SERVICES CONTAINED THEREIN;
(iii) SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES ARISING OUT OF, RESULTING FROM, OR RELATING IN ANY MANNER TO THE USE OR INABILITY TO USE HOTOFFICE GENERALLY, AND ANY CONTENT OR SERVICES CONTAINED THEREIN. WITHOUT IN ANY WAY LIMITING THE FOREGOING, HT SHALL IN NO EVENT HAVE (IN THE AGGREGATE) ANY LIABILITY WHATSOEVER IN CONNECTION WITH THIS AGREEMENT IN EXCESS OF AN AMOUNT EQUAL TO TWO TIMES THE LOWEST MONTHLY SUBSCRIPTION FEE FOR YOUR HOTOFFICE ACCOUNT IN EFFECT FOR THE MONTHLY BILLING PERIOD IMMEDIATELY PRECEDING THE DATE OF THE FIRST CLAIM MADE BY YOU ALLEGING LIABILITY.
(C) HIGH RISK ACTIVITIES. HOTOFFICE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO USE 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 HOTOFFICE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). IN ADDITION TO THE OTHER DISCLAIMERS AND LIMITATIONS CONTAINED WITHIN THIS AGREEMENT, HT AND ITS AFFILIATES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS AND LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, HOTOFFICE'S LIABILITY (AND THE LIABILITY OF ITS AFFILIATES, AGENTS, CONTENT PROVIDERS AND SERVICE PROVIDERS) SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
VIII. THIRD PARTY BENEFICIARIES.
Notwithstanding anything to the contrary contained herein, the provisions for "No Warranties and Liabilities" set forth in Section VII herein are for the benefit of HT and its affiliates, agents, content providers and service providers and each shall have the right to assert and enforce such provisions directly on its own behalf.
IX. INDEMNIFICATION.
You agree to indemnify, hold harmless, and defend HT, and its affiliates, agents, content providers and service providers, against any and all claims, liabilities, damages, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, attorneys' fees and disbursements) arising from or relating to the use of HotOffice in any manner which violates the terms of this Agreement or otherwise violates any law, rule, or regulation.
X. U.S. GOVERNMENT RIGHTS.
If you are acquiring HotOffice on behalf of any part of the United States Government, the following provisions apply. HotOffice is deemed to be "commercial software" and "commercial computer software documentation" respectively, pursuant to DFAR Section 227.7202 and FAR 12.212, as applicable. Any use, modification, reproduction, release, performance, display, or disclosure of HotOffice by the United States Government or any of its agencies shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.
XI. GENERAL.
This Agreement shall be governed by the laws of the State of Florida, without reference to conflict of laws principles. Any dispute concerning this Agreement, or any matter related in any manner to this Agreement, shall be subject to the exclusive jurisdiction of the courts of the State of Florida located in Palm Beach County, Florida. This Agreement, together with any additional online documents specifically referred to herein, is the entire Agreement between HT and you and supersedes any other communications or advertising with respect to HotOffice. If any provision of this Agreement is held to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. You agree to comply with all United States, foreign and local laws and regulations which apply to your use of HotOffice including, without limitation, export control laws and regulations. In addition to the foregoing, and in addition to any restrictions disclosed to you in the HotOffice sign-up process, you agree that HotOffice or underlying information or technology (or any component thereof) may not 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 United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Denial Orders. By using HotOffice 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 that may impact your right to use HotOffice.
ACCEPTANCE OF LICENSE TERMS
If you agree to and accept the terms of this Agreement, and you are at least eighteen (18) years of age, click on the "Yes" button which appears on the screen immediately below this Agreement. If you do not accept the terms of this Agreement, or are not at least eighteen (18) years of age, click on the "No" button which appears on the screen immediately below this Agreement.
(rev. 10-Feb-99)