Azam 3.0.0.0

END USER LICENSE AGREEMENT FOR AZAM INTERNATIONAL TECHNOLOGIES SOFTWARE.

IMPORTANT - READ CAREFULLY:

This AZAM International Technologies End-User License

Agreement ("EULA") is a legal agreement between you (either

an individual person or a single legal entity, who will be

referred to in this EULA as "You") and AZAM International

Technologies ("AZAMIT") for the AZAMIT software product that

END USER LICENSE AGREEMENT FOR AZAM INTERNATIONAL TECHNOLOGIES SOFTWARE.

IMPORTANT - READ CAREFULLY:

This AZAM International Technologies End-User License

Agreement ("EULA") is a legal agreement between you (either

an individual person or a single legal entity, who will be

referred to in this EULA as "You") and AZAM International

Technologies ("AZAMIT") for the AZAMIT software product that

accompanies this EULA, including any associated media,

printed materials and electronic documentation (the

"Software Product"). The Software Product also includes any

software updates, add-on components, web services and/or

supplements that AZAMIT may provide to You or make available

to You after the date You obtain Your initial copy of the

Software Product to the extent that such items are not

accompanied by a separate license agreement or terms of use.

By installing, copying, downloading, accessing or otherwise

using the Software Product, You agree to be bound by the

terms of this EULA. If You do not agree to the terms of this

EULA, do not install, access or use the Software Product;

instead, You should return it, with proof of purchase, to

Your place of purchase for a full refund.

SOFTWARE PRODUCT LICENSE

The Software Product is protected by copyright laws and

international treaties, as well as other intellectual

property laws and treaties. The Software Product is

licensed, not sold.

1. GRANT OF LICENSE.

===================

This Section of the EULA describes Your general rights to

install and use the Software Product. The license rights

described in this Section are subject to all other terms and

conditions of this EULA.

General License Grant to Install and Use Software Product.

---------------------------------------------------------

You may install and use one copy of the Software Product on

a single computer, device, workstation, terminal, or other

digital electronic device ("Device"). You may make a second

copy of the Software Product and install it on a portable

Device for the exclusive use of the person who is the

primary user of the first copy of the Software Product. A

license for the Software Product may not be shared.

Alternative License Grant for Storage/Network Use.

-------------------------------------------------

As an alternative to the rights granted in the previous

section, You may install a copy of the Software Product on

one storage Device, such as a network server, and allow

individuals within Your business or enterprise to access and

use the Software Product from other Devices over a private

network, provided that You acquire and dedicate a license

for the storage Device upon which the Software Product is

installed and each separate Device from which the Software

Product is accessed and used. A license for the Software

Product may not be used concurrently on different Devices

unless expressly permitted by this EULA.

Site License.

------------

For the purposes of this EULA, a "site" is a computer

network in a single physical location. If the Software

Product is licensed with site license terms specified in the

applicable price list or product packaging for the Software

Product, you may make, use and install as many additional

copies of the Software Product on the number of Client

Devices as the site license authorizes. You must have a

reasonable mechanism in place to ensure that the number of

Client Devices on which the Software Product has been

installed does not exceed the number of licenses you have

obtained. This license authorizes you to make or download

one copy of the Documentation for each additional copy

authorized by the volume license, provided that each such

copy contains all of the Documentation's proprietary

notices.

Reservation of Rights.

---------------------

All rights not expressly granted are reserved by AZAMIT.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

==============================================

Copy Protection.

---------------

The Software Product may include copy protection technology

to prevent the unauthorized copying of the Software Product

or may require original media for use of the Software

Product on the Device. It is illegal to make unauthorized

copies of the Software Product or to circumvent any copy

protection technology included in the Software Product.

Limitations on Reverse Engineering, Decompilation, and Disassembly.

------------------------------------------------------------------

You may not reverse engineer, decompile, or disassemble the

Software Product, except and only to the extent that such

activity is expressly permitted by applicable law

notwithstanding this limitation.

Separation of Component Parts.

-----------------------------

The Software Product is licensed as a single product. Its

component parts may not be separated for use on more than

one Device unless expressly permitted by this EULA.

Trademarks.

----------

This EULA does not grant You any rights in connection with

any trade marks of AZAMIT.

No rental, leasing or commercial hosting.

----------------------------------------

You may not rent, lease, lend or provide commercial hosting

services to third parties with the Software Product.

Support Services.

----------------

AZAMIT may provide You with support services related to the

Software Product ("Support Services"). Use of Support

Services is governed by the AZAMIT policies and programs

described in the user manual, in "online" documentation, or

in other AZAMIT provided materials. Any supplemental

software code provided to You as part of the Support

Services are considered part of the Software Product and

subject to the terms and conditions of this EULA. You

acknowledge and agree that AZAMIT may use technical

information You provide to AZAMIT as part of the Support

Services for its business purposes, including for product

support and development. AZAMIT will not utilize such

technical information in a form that personally identifies

You.

Term.

----

If the Software Product that was distributed to you was

labeled as an EVALUATION VERSION or TRY & BUY VERSION (or

its functional equivalent) (an "Evaluation Version"), the

license granted under this EULA commences upon the

installation of the Software Product and is effective for 30

days following the date you install the Software Product

(the "Evaluation Term"). Evaluation Version Software

Products may include software code intended to disable their

functionality after the expiration of the Evaluation Term.

You may take no actions to circumvent the operation of such

disabling code, and you accept all risks that might arise

from such disabling code. If the Software Product was not

distributed as an Evaluation Version, or if you converted an

Evaluation Version installation of the Software Product to a

non-Evaluation Version of the Software Product by authorised

use of the conversion mechanism provided with the Software

Product (in each case either being or resulting in a "Full-

License Version"), the licenses granted under this EULA

commence upon the installation of the Software Product and

are effective in perpetuity unless terminated per the terms

of this Agreement.

Software Transfer.

-----------------

You may permanently transfer all of your rights under this

EULA (except if your rights are in an Evaluation Version),

provided you retain no copies, you transfer all copies of

the Software Product (including all component parts, the

media and printed materials, any prior versions, and this

EULA), and the recipient agrees to be subject to the terms

of this EULA. If the Software Product is an upgrade, any

transfer must include all prior versions of the Software

Product. Upon the occurrence of such a transfer, your

rights under this EULA terminate immediately.

Termination.

-----------

Upon the expiration of the Evaluation Term (if any), your

rights under this EULA terminate automatically without

notice. Without prejudice to any other rights, AZAMIT may

terminate this EULA if You fail to comply with the terms and

conditions of this EULA. In such event, You must destroy all

copies of the Software Product and all of its component

parts. The terms of this paragraph shall survive any

termination of this EULA.

3. UPGRADES.

===========

If the Software Product is labeled as an upgrade, You must

be properly licensed to use a product identified by AZAMIT

as being eligible for the upgrade in order to use the

Software Product. A Software Product labeled as an upgrade

replaces or supplements (and may disable) the product that

formed the basis for Your eligibility for the upgrade. You

may use the resulting upgraded product only in accordance

with the terms of this EULA. If the Software Product is an

upgrade of a component of a package of software programs

that You licensed as a single product, the Software Product

may be used and transferred only as part of that single

product package and may not be separated for use on more

than one Device.

4. INTELLECTUAL PROPERTY RIGHTS.

================================

The Software Product (including but not limited to any

images, text, and "applets" incorporated into the Software

Product), the accompanying printed materials, and any copies

of the Software Product are protected by copyright laws and

international treaty provisions. AZAMIT and its suppliers

retain all title and intellectual property rights to the

Software Product. If this Software Product contains

documentation that is provided only in electronic form, you

may print one copy of such electronic documentation. You may

not copy the printed materials accompanying the Software

Product.

Some components within the Software Product are copyright by

Princeton University, Xiph.Org Foundation and Yuri Goltsman.

Additional notices are provided at the end of this License

Agreement.

5. BACKUP COPY.

==============

After installation of one copy of the Software Product

pursuant to this EULA, you may keep the original media on

which the Software Product was provided by AZAMIT solely for

backup or archival purposes. Except as expressly provided in

this EULA, you may not make copies of the Software Product

or the printed materials accompanying the Software Product.

6. U.S. GOVERNMENT LICENSE RIGHTS.

=================================

The Software Product is commercial computer software

developed exclusively at private expense, and in all

respects is proprietary data belonging to AZAMIT or its

suppliers. The Software Product is comprised of "commercial

computer software" and "commercial computer software

documentation" as such terms are used in 48 C.F.R § 12.212.

Consistent with 48 C.F.R. § 12.212 and 48 C.F.R. §

227.7202-1 through § 227.7202-4, all U.S. Government

licensees acquire the Software Product with only those

rights set forth in this EULA.

7. APPLICABLE LAW.

=================

This Agreement is governed by the laws of England, without

reference to conflict of laws principles. The application of

the United Nations Convention of Contracts for the

International Sale of Goods is expressly excluded. This

Agreement sets forth all rights for the user of the Software

Product and is the entire agreement between the parties.

This Agreement supersedes any other communications with

respect to the Software Product. This Agreement may not be

modified except by a written addendum issued by a duly

authorized representative of AZAMIT. No provision hereof

shall be deemed waived unless such waiver shall be in

writing and signed by AZAMIT or a duly authorized

representative of AZAMIT. If any provision of this Agreement

is held invalid, the remainder of this Agreement shall

continue in full force and effect. The parties confirm that

it is their wish that this Agreement has been written in the

English language only.

8. LIMITED WARRANTY.

===================

AZAMIT warrants that the SOFTWARE PRODUCT will perform

substantially in accordance with the accompanying materials

for a period of thirty (30) days from the date of receipt.

If an implied warranty or condition is created by your

state/jurisdiction and federal or state/provincial law

prohibits disclaimer of it, you also have an implied

warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED

DURING THE PERIOD OF THIS LIMITED WARRANTY (THIRTY DAYS). AS

TO ANY DEFECTS DISCOVERED AFTER THE THIRTY (30) DAY PERIOD,

THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some

states/jurisdictions do not allow limitations on how long an

implied warranty or condition lasts, so the above limitation

may not apply to you.

Any supplements or updates to the SOFTWARE PRODUCT,

including without limitation, any (if any) service packs or

hot fixes provided to you after the expiration of the thirty

(30) day Limited Warranty period are not covered by any

warranty or condition, express, implied or statutory.

LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES.

Your exclusive remedy for any breach of this Limited

Warranty is as set forth below. Except for any refund

elected by AZAMIT, YOU ARE NOT ENTITLED TO ANY DAMAGES,

INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the

Software Product does not meet AZAMIT's Limited Warranty,

and, to the maximum extent allowed by applicable law, even

if any remedy fails of its essential purpose. The terms of

Section 10 below ("Exclusion of Incidental, Consequential

and Certain Other Damages") are also incorporated into this

Limited Warranty. Some states/jurisdictions do not allow the

exclusion or limitation of incidental or consequential

damages, so the above limitation or exclusion may not apply

to you. This Limited Warranty gives you specific legal

rights. You may have others which vary from

state/jurisdiction to state/jurisdiction.

YOUR EXCLUSIVE REMEDY. AZAMIT's and its suppliers' entire

liability and your exclusive remedy shall be, at AZAMIT's

option from time to time exercised subject to applicable

law, (a) return of the price paid (if any) for the Software

Product, or (b) repair or replacement of the Software

Product, that does not meet this Limited Warranty and that

is returned to AZAMIT with a copy of your receipt. You will

receive the remedy elected by AZAMIT without charge, except

that you are responsible for any expenses you may incur

(e.g. cost of shipping the Software Product to AZAMIT). This

Limited Warranty is void if failure of the Software Product

has resulted from accident, abuse, misapplication, abnormal

use or a virus. Any replacement Software Product will be

warranted for the remainder of the original warranty period

or thirty (30) days, whichever is longer. Neither these

remedies nor any product support services offered by AZAMIT

are available without proof of purchase from an authorized

source. To exercise your remedy, contact AZAMIT at the

address in Section 14.

9. DISCLAIMER OF WARRANTIES.

===========================

THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS

WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER

EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR

PACKAGING. EXCEPT FOR THE LIMITED WARRANTY AND TO THE

MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AZAMIT AND ITS

SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY)

AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER

WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR

STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY)

IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY,

OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR

COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE

EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE, ALL

WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE

TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR

CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION,

CORRESPONDENCE TO DESCRIPTION OR NON- INFRINGEMENT WITH

REGARD TO THE SOFTWARE.

10. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.

====================================================================

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO

EVENT SHALL AZAMIT OR ITS SUPPLIERS BE LIABLE FOR ANY

SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES

WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS

OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR

BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF

PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD

FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY

OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR

IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE

SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE

SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH

ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT,

TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF

CONTRACT OR BREACH OF WARRANTY OF AZAMIT OR ANY SUPPLIER,

AND EVEN IF AZAMIT OR ANY SUPPLIER HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES.

11. LIMITATION OF LIABILITY AND REMEDIES.

========================================

NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY

REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL

DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES),

THE ENTIRE LIABILITY OF AZAMIT AND ANY OF ITS SUPPLIERS

UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY

FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR

REPLACEMENT ELECTED BY AZAMIT WITH RESPECT TO ANY BREACH OF

THE LIMITED WARRANTY) SHAL BE LIMITED TO THE GREATER OF THE

AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S. $5.00.

THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL

APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,

EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

12. HIGH RISK ACTIVITIES.

========================

The Software is not fault- tolerant and is not designed or

intended for use in hazardous environments requiring fail-

safe performance, including without limitation, in the

operation of nuclear facilities, aircraft navigation or

communication systems, air traffic control, weapons systems,

direct life-support machines, or any other application in

which the failure of the Software could lead directly to

death, personal injury, or severe physical or property

damage (collectively, "High Risk Activities"). AZAM

International Technologies expressly disclaims any express

or implied warranty of fitness for High Risk Activities.

13. ENTIRE AGREEMENT.

====================

This EULA (including any addendum or amendment to this EULA

which is included with the Software Product) is the entire

agreement between you and AZAMIT relating to the Software

Product and the support services (if any) and they supersede

all prior or contemporaneous oral or written communications,

proposals and representations with respect to the Software

Product or any other subject matter covered by this EULA. To

the extent the terms of any AZAMIT policies or programs for

support services conflict with the terms of this EULA, the

terms of this EULA shall control.

14. AZAM INFORMATION TECHNOLOGIES CUSTOMER CONTACT.

==================================================

Should you have any questions concerning these terms and

conditions, or if you would like to contact AZAM Information

Technologies for any other reason, please email:

info@azamit.com or write to:

Azam International Technologies Ltd,

PO Box 9,

High Wycombe,

England HP11 2ZQ.

http://www.azamit.com/.

ADDITIONAL NOTICES

==================

Thanks to Princeton University for their database we use in

our contextual searching.

WordNet 1.6 Copyright 1997 by Princeton University. All rights reserved.

THIS SOFTWARE AND DATABASE IS PROVIDED "AS IS" AND PRINCETON

UNIVERSITY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS

OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION,

PRINCETON UNIVERSITY MAKES NO REPRESENTATIONS OR WARRANTIES

OF MERCHANT- ABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE

OR THAT THE USE OF THE LICENSED SOFTWARE, DATABASE OR

DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY PATENTS,

COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS.

--------------------------------------------

Thanks to Xiph.Org Foundation for their audio compression

which we use to compress the AZAM recordings.

Copyright (c) 2002, Xiph.Org Foundation

Redistribution and use in source and binary forms, with or

without modification, are permitted provided that the

following conditions are met:

- Redistributions of source code must retain the above

copyright notice, this list of conditions and the following

disclaimer.

- Redistributions in binary form must reproduce the above

copyright notice, this list of conditions and the following

disclaimer in the documentation and/or other materials

provided with the distribution.

- Neither the name of the Xiph.Org Foundation nor the names

of its contributors may be used to endorse or promote

products derived from this software without specific prior

written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND

CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES,

INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE

DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS

BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,

EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT

LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;

LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)

HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN

CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR

OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS

SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

--------------------------------------------

Thanks to Yury Goltsman for the CProgressCtrlX class we have

used in some of our progress bars.

Author: Yury Goltsman

Email: ygprg@go.to

Page: http://go.to/ygprg

Copyright © 2000, Yury Goltsman