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work, or create derivative works based on any part of the Software. You may not
reverse engineer, decompile, or disassemble the Software.
LIMITED WARRANTY: Fonix warrants that the Product's physical media will be,
under normal use, free from defects in material and workmanship for one year
from the date you purchased it. Fonix's entire liability, and your exclusive remedy
under this warranty, will be replacement of the defective media without charge.
EXCEPT FOR THIS LIMITED WARRANTY, FONIX MAKES NO WARRANTIES,
EXPRESS OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTY OR
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Fonix does
not warrant that the product is entirely error-free. FONIX'S TOTAL LIABILITY
FOR ANY CLAIM OR DAMAGE ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SOFTWARE SHALL BE LIMITED TO DIRECT DAMAGES, WHICH
SHALL NOT EXCEED THE License FEE YOU PAID. IN NO EVENT SHALL
FONIX BE LIABLE FOR LOST PROFITS, LOST DATA, INTERRUPTIONS OF
BUSINESS, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, REGARDLESS
OF WHETHER FONIX HAS NOTICE OF THE POTENTIAL FOR SUCH LOSS
OR DAMAGE. The above limitations may be superseded by law in some jurisdic-
tions.
U.S. GOVERNMENT RESTRICTED RIGHTS: The Software and any accompanying
materials are provided with Restricted Rights. Use, duplications, or disclosure by
the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of
The Rights in Technical Data and Computer Software clause at DFARS 252.227-
7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-
Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is
Fonix Corporation at 1225 Eagle Gate Tower, 60 East South Temple St., Salt Lake
City, Utah 84111.
GENERAL: If any term of this Agreement is found void or unenforceable, all other
terms shall remain in full force and effect. This Agreement shall be governed by
the internal laws of Utah. If you breach any term of this Agreement, Fonix may
terminate this license and you must return all copies of the Product to Fonix.
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License AGREEMENT FOR WHEREIS™ DATA
1. GRANT OF License
Telstra Corporation Limited (ABN 33 051 775 556) ("Telstra") through its agent
Sensis Pty Ltd (ABN 30 007 423 912) ("Licensor") grants you a non-exclusive,
non-transferable license to use the mapping data ("Whereis Data") contained in
this CD-ROM on the following terms ("License"). The License commences when
you click on the "I Agree" button at the end of these terms and continues until
terminated in accordance with this agreement.
2. RIGHTS OF USE
You may only use the Whereis Data for your own personal use. You may only
install and use the Whereis Data on one device at any one time. You must not
copy, reverse engineer, adapt, modify, distribute, publish in any form or permit any
other person to use or deal with the whole or any part of the Whereis Data.
You must use reasonable steps to prevent any unauthorised copying or use of the
Whereis Data; and immediately notify the Licensor if you become aware of any
unauthorised copying or use of the Whereis Data by any person or of any other
infringement of the Licensor's rights in relation to the Whereis Data. The contact
details of the Licensor are as follows: Sensis Pty Ltd, 181-189 Victoria Parade,
Collingwood, Victoria 3066, Australia.
3. PROPERTY AND OWNERSHIP
All intellectual property rights (including copyright and any trade marks used by
the Licensor and Telstra) in and to the Whereis Data are the sole and exclusive
property of, or a use under license by, the Licensor (or its licensors). Except to
the extent permitted by this License, you do not acquire any intellectual property
rights in or to the Whereis Data.
4. EXCLUSION OF LIABILITY
To the extent permitted by law, the Licensor does not make any warranties of
any kind, whether express or implied, including any implied warranty of mer-
chantability or fitness of the Whereis Data for a particular purpose. Licensor's
liability for breach of any condition or warranty implied by statute which cannot
be excluded is (to the extent permitted by law) limited to, in the case of the
supply of goods, the repair, replacement or re-supply of the goods or of equiva-
lent goods or the payment of the cost of repairing or replacing the goods or of
acquiring equivalent goods; and in the case of the supply of services, supplying the
services again, or the payment of the cost of having the services supplied again,
provided that there shall be no such limitation for breach of such a condition or
warranty where the relevant law prohibits such limitation.
Subject to this clause 4, the Licensor, its employees, agents and contractors will
not be liable (whether in contract, tort or otherwise) to you or any other person
for any loss, costs, damage or injury of any kind whatsoever (including incidental
or consequential loss) wholly or partly arising out of or in connection with the
use of or inability to use the Whereis Data.
5. TERMINATION
The Licensor may terminate the License immediately if you are in breach of any
provision of this agreement. Your rights under this agreement cease immedi-
ately upon termination of the License and you must immediately cease using the
Whereis Data; and at the Licensor's election, return to the Licensor at the details
described in clause 2.5 or destroy all materials bearing or containing the Whereis
Data and, if required by the Licensor, shall certify that the Whereis Data and all
such copies have been returned or destroyed. Termination of the License does
not affect any rights or remedies which accrued prior to termination.