ListenUp 1.70

The ListenUp software is normally used on a web server subject to the terms of the EULA. For other forms of distribution please contact "Mobileer.com".

End User License Agreement for the Listenup Software Development Kit (SDK) BEFORE YOU USE THE SOFTWARE DISTRIBUTED WITH THIS LICENSE AGREEMENT, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY USING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN DO NOT USE THE SOFTWARE AND DELETE ALL COPIES OF THE SOFTWARE FROM YOUR COMPUTER. 1. Mobileer.com, (the "Company") grants you (the "Customer") a worldwide, non- exclusive, restricted right and license to use the accompanying ListenUp SDK (the "Software"), in binary executable form, solely for the purpose of providing the capability of recording audio in a web browser, uploading the recorded audio to a web site owned by the Customer, and playing back audio recordings in a web browser. The Software consists of: - compiled ListenUp Applet in JAR files, - example HTML pages, - example server scripts, - and documentation. The Software may be used without payment for 30 days to evaluate the suitability of the Software subject to the terms of this agreement. If the Customer wishes to continue using the Software after the 30 days demo period then "Credits" for usage may be purchased. The Software may not be used after the 30 days without the purchase of credits. The amount of the license fee is available from the Company at "http://www.javasonics.com/sales/". 2. The Customer use of the Software is subject to the following restrictions: - The Software may only be served from web domains for which Credits have been purchased. - A Credit is charged for either the upload of a recorded message, or the download of a message for playback. - Use of the Software on the licensed domain may not be rented, leased, or sold to other companies or organizations without the Company's prior written permission. - The compiled ListenUp Java code may only be served from the web site as an executable Applet embedded in a web page. - The server scripts (PHP, JSP) may be executed on the licensed web server but may not be distributed to the network client computers. - Any plugins needed by the ListenUp Applet must be installed by directing the client to "http://www.javasonics.com/plugins/". The Customer may not directly link to non-HTML, binary or archive files that are part of the Software on the www.javasonics.com website. Binary files include those ending with the suffix ".exe", ".zip", ".cab", ".class", ".dll" and ".jar". 3. The Software is licensed, not sold. The Software is protected by copyright law and international copyright treaty provisions, as well as other intellectual property laws and treaties. 4. The Software may not be rented, leased, sold, or in any other manner commercially exploited without the Company's prior written permission. This License is personal to Customer and Customer agrees not to assign your rights herein. (A separate Redistribution License is available for Customers wishing to distribute the Software with their own products.) 5. LIMITATION OF WARRANTY. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION PLAYED BY THE SOFTWARE, FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THE COMPANY MAY NOT SUPPORT THIS SOFTWARE AND MAY NOT ISSUE UPDATES TO THIS SOFTWARE. 6. All video, audio, and other content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright law. This License gives Customer no rights to such content, and Company disclaims any liability for misuse of content. 7. The Company reserves the right at any time to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the released product. 8. Title, ownership rights, and intellectual property rights in and to the Software shall remain in the Company and/or its suppliers. Customer agrees to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws. Customer acknowledges that the Software remains proprietary and confidential information and intellectual property of the Company and/or its suppliers and therefore Customer agrees not to modify the Software or attempt to decipher, decompile, disassemble or reverse engineer the Software, except to the extent applicable laws specifically prohibit such restriction. Customer agrees not to attempt to circumvent the license file mechanism that restricts use of the Software to a specific web domain, or the Credit system that controls usage of the Software. Reproduction and/or redistribution of any portion of the Software is specifically prohibited without the Company's prior written permission. 9. Any Party may terminate the Term of this Agreement effective upon written notice to the other Parties if any other Party materially breaches any of such Party's obligations under this Agreement, and that Party has not cured the breach within thirty (30) days after notice of the breach from the non-breaching Party. However, in case of termination, Sections 3 through 12 of this Agreement shall indefinitely survive its termination. This License shall be governed by and construed in accordance with the laws of the State of California with exclusive venue in courts located in Marin County, California, and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. This License sets forth the entire agreement between the Company and Customer. 10. DISCLAIMER OF LIABILITY. THE COMPANY OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR (a) DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OF ANY SORT WHATSOEVER, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE, (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, REVENUES, OR INFORMATION, OR FOR BUSINESS INTERRUPTION) RESULTING FROM CUSTOMER'S USE OF THE SOFTWARE OR INABILITY TO USE THE SOFTWARE, EVEN IF THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR (b) FOR ANY CLAIM BY ANY OTHER PARTY THAN CUSTOMER. THIS DISCLAIMER OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY WHERE THE APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO CUSTOMER. 11. HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as 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 the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). The Company and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. 12. The Company does not represent or warrant that the Software is free of infringement of any third-party patents.