SoundsLike Phonetic Tokenizer Developer License Agreement

We Pamphylia.net Incorporated grants you license to use this Software on the following terms:

1. This Software is licensed and not sold to you. This Software is owned by us and is protected by copyright law, and we reserve ownership of all Intellectual Property Rights in it, and all rights other than those expressly granted by this Agreement.

2. Licenses are per Developer - and subject to payment of the appropriate Single-Version Developer license fee:

2.1 Licenses are Per Developer. One developer can use a license on more than one machine as long as they are not used concurrently or shared by other developers. For example, a single license may be used by a Developer on their:

  • Office machine
  • Home machine
  • And laptop

    2.2 Server-side elements are licensed DEPLOYMENT FREE. You pay to use them at design time. You do not pay per-server deployment fees when you deploy your application.

    2.3. If you later upgrade the Software, this Agreement will terminate, and all copies of the Software to which it applies must be destroyed.

    2.4. In addition, you may

    2.4.1. Make no more than a reasonable number of backup copies of the Software; and

    2.4.2. Utilize and make prints for your own personal use of (but not otherwise copy) any instructional and/or operational manuals relating to the Software.

    2.5. You will promptly install any updated versions of the Software we may make available to you.

    2.6. This license replaces any earlier license we may have granted to you for the use of earlier versions of the Software.

    3. You are entitled to subscribe to the peer support discussion group. You are also entitled to minor version upgrades (e.g. version 2.0 to 2.1, but not version 2.6 to 3.0) without additional charge.

    4. This Agreement and license is personal to you; you must (save to such extent as may be expressly permitted by this license) not copy, rent, lease, assign or otherwise distribute or part with the Software or any accompanying written materials. You must take reasonable steps to protect the Software from unauthorized copying, publication, disclosure or distribution. You are advised that the Software may periodically automatically report to us information in relation to its installation and use; this information will be only used for monitoring compliance with the terms of this license.

    5. You may not modify the Software. You may not disassemble, decompile, or reverse engineer the Software, or otherwise attempt to discover the source code of the Software.

    6. Warranties and Limitation of Liability:

    6.1. You acknowledge that you have had the opportunity to evaluate the Software without charge, and that you have satisfied yourself that it meets your requirements in all material respects.

    6.2. You acknowledge that it is not technically practicable to guarantee software to be error-free, and you agree that if any such errors are found to exist they shall not constitute a breach of this Agreement.

    6.3. IN THE EVENT THAT YOU DISCOVER A MATERIAL ERROR WHICH SUBSTANTIALLY AFFECTS YOUR USE OF THE SOFTWARE AND NOTIFY US OF THE ERROR WITHIN 90 DAYS FROM THE DATE OF THE EARLIER OF RECEIPT OF THE SOFTWARE AND PAYMENT OF THE LICENSE FEE (THE "WARRANTY PERIOD") WE SHALL AT OUR SOLE OPTION EITHER REFUND THE LICENSE FEE (IF ANY) OR USE ALL REASONABLE ENDEAVOURS TO CORRECT BY PATCH OR NEW RELEASE (AT ITS OPTION) THAT PART OF THE SOFTWARE WHICH DOES NOT SO COMPLY PROVIDED THAT SUCH NON-COMPLIANCE HAS NOT BEEN CAUSED BY ANY MODIFICATION, VARIATION OR ADDITION TO THE SOFTWARE NOT PERFORMED BY US OR CAUSED BY ITS INCORRECT USE, ABUSE OR CORRUPTION OF THE SOFTWARE OR BY USE OF THE SOFTWARE WITH OTHER SOFTWARE OR ON EQUIPMENT WITH WHICH IT IS INCOMPATIBLE.

    6.4. TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

    6.5. ALTHOUGH WE DO NOT WARRANT THAT THE SOFTWARE SUPPLIED HEREUNDER SHALL BE FREE FROM ALL KNOWN VIRUSES WE HAVE USED COMMERCIALLY REASONABLE EFFORTS TO CHECK FOR THE MOST COMMONLY KNOWN VIRUSES. YOU ARE NEVERTHELESS SOLELY RESPONSIBLE FOR VIRUS SCANNING THE SOFTWARE.

    6.6. WE SHALL NOT BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY LOSS OR DAMAGE WHATSOEVER OR HOWSOEVER CAUSED ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS LICENSE, THE SOFTWARE, IT'S USE OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH LIABILITY MAY NOT BE LAWFULLY EXCLUDED UNDER THE APPLICABLE LAW.

    6.7. NOTWITHSTANDING THE GENERALITY OF THE ABOVE, IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHICH MAY ARISE IN RESPECT OF THE SOFTWARE, ITS USE, OR IN RESPECT OF OTHER EQUIPMENT OR PROPERTY, OR FOR LOSS OF PROFIT, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.

    6.8. IF ANY EXCLUSION OR LIMITATION CONTAINED IN THIS LICENSE SHALL BE HELD TO BE INVALID FOR ANY REASON AND WE BECOME LIABLE FOR LOSS OR DAMAGE THAT MAY LAWFULLY BE LIMITED, SUCH LIABILITY SHALL BE LIMITED TO THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE.

    6.9. We do not exclude liability for death or personal injury to the extent only that it arises as a result of our negligence or that of our employees, agents or authorized representatives.

    7. You acknowledge that these terms supersede all prior agreements, and are complete and exclusive. No oral or written information given by us or on our behalf shall create a warranty or collateral contract, or in any way increase the scope of this warranty in any way, and you may not rely on any such advice.

    8. If any provision in this Agreement shall be determined to be invalid, such provision shall be deemed omitted; the remainder of this Agreement shall stand.

     
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