Fomine Real-Time Communications Server End user license agreement

FOMINE SOFTWARE.

IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE.

END USER LICENSE AGREEMENT
FOMINE SOFTWARE ("FOMINE") agrees to provide the user ("USER") with a copy of this software product ("SOFTWARE"), and grants the USER a limited license to use the SOFTWARE. ("LICENSE") This LICENSE defines what the USER may do with the SOFTWARE, and contains limitations on warranties, liabilities and remedies. This LICENSE may be revoked by FOMINE at any time without notice if the USER fails to comply with the terms of this LICENSE. The copyright and all other rights in the SOFTWARE shall remain with FOMINE.

DEFINITIONS
CONCURRENT USERS means the number of individual instances of the CLIENT SOFTWARE that may be serviced by the SOFTWARE operated by USER at the same time.
CLIENT SOFTWARE means SIP compatible User Agent (e.g. Windows Messenger), as it is defined in base SIP documentation.

LICENSE OF UNREGISTERED SOFTWARE
An unregistered copy of the SOFTWARE ("UNREGISTERED SOFTWARE") may be used by the USER for evaluation purposes for unlimited period, but the SOFTWARE is could be used to support up to 5 (five) CONCURRENT USERS. The UNREGISTERED SOFTWARE may be freely copied and distributed to other users for their evaluation.

LICENSE OF REGISTERED SOFTWARE
A registered copy of the SOFTWARE ("REGISTERED SOFTWARE") allows the USER to use the SOFTWARE only on a single computer, and only for support purchased quantity of CONCURRENT USERS. The USER is allowed to make one copy of the REGISTERED SOFTWARE for back-up purposes.

DISTRIBUTION OF UNREGISTERED SOFTWARE
The uninstalled, UNREGISTERED SOFTWARE may be freely copied and distributed to other users provided the USER complies with the following requirements. If the USER offers this uninstalled, UNREGISTERED SOFTWARE for download ("SHAREWARE SITE USER"), then the SHAREWARE SITE USER agrees to: (1) immediately replace this version of the uninstalled, UNREGISTERED SOFTWARE with a new version of this SOFTWARE if a new version is released by FOMINE SOFTWARE, or (2) delete this version of the UNREGISTERED SOFTWARE immediately upon written email notice by FOMINE SOFTWARE.

TERM OF LICENSE
This LICENSE shall continue for as long as the USER uses the REGISTERED SOFTWARE and/or distributes the UNREGISTERED SOFTWARE accordiong to the terms of this agreement. However, this LICENSE will terminate if the USER fails to comply with any of its terms or conditions. The USER agrees, upon termination, to destroy all copies of the REGISTERED and/or UNREGISTERED SOFTWARE. The limitations of warranties and liability set forth in this LICENSE shall continue in force even after termination.

ACCEPTANCE OF THIS LICENSE AGREEMENT
By downloading and/or installing this SOFTWARE, the USER agrees to the terms of this LICENSE.

DISCLAIMER OF WARRANTY AND LIABILITY
This SOFTWARE is provided "as is" without representations or warranties of any kind, whether expressed or implied. The USER must assume the entire risk of using the SOFTWARE, and FOMINE shall have no liability to the USER or any other third-party for any damages whatsoever, including, but not limited to, any economic or data loss, even if such loss was foreseeable by FOMINE.

FOMINE DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. ANY LIABILITY OF FOMINE WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF ORIGINAL PURCHASE PRICE.

OTHER RESTRICTIONS
The USER may not rent, lease, sublicense, translate, disassemble, reverse engineer, or de-compile the SOFTWARE, or modify or merge the SOFTWARE with any part of the software in another program. This LICENSE may not be assigned or otherwise transferred without the prior written consent of FOMINE.

INVALID PROVISIONS
If any provision of this LICENSE shall be declared invalid or unenforceable, the remaining provisions of this LICENSE shall remain in full force and effect to the fullest extent permitted by law. In such event, each provision of this LICENSE which is invalid or unenforceable shall be replaced with a provision as similar in terms to such invalid or unenforceable provision as may be possible which is legal and enforceable.

ENTIRE AGREEMENT
This LICENSE is the entire agreement between FOMINE and the USER, and supersedes any other agreement, oral or written, and may not be changed except by a written signed agreement.

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