Dakine Wave Limited:

Licensing Terms for VirtualStage

NOTICE: THIS SOFTWARE PRODUCT IS THE PROPERTY OF DAKINE WAVE LIMITED. THE PRODUCT IS MADE AVAILABLE TO YOU SUBJECT TO THE FOLLOWING LICENSE AGREEMENT.

IMPORTANT! READ CAREFULLY: THIS IS A LEGAL AGREEMENT. BY INSTALLING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. ANY USE BY YOU OF THIS PRODUCT CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS.

IF YOU DO NOT ACCEPT THIS LICENSE, THEN YOU MAY NOT INSTALL OR USE THE PRODUCT. IN THAT CASE BUT EXCLUDING COPIES OBTAINED VIA INTERNET DOWNLOAD, YOU MAY, WITHIN TEN (10) DAYS AFTER YOU FIRST RECEIVED THE PRODUCT, RETURN IT TO DAKINE WAVE LIMITED OR ITS AUTHORIZED RESELLER, ALONG WITH ITS ORIGINAL PACKAGING AND PROOF-OF-PURCHASE, FOR A FULL REFUND.

Dakine Wave Limited is only willing to grant you this License if you obtained the Product from Dakine Wave Limited or an authorized reseller. If you obtained the Product from any other source you may not install or use the Product.

1. Ownership

Dakine Wave Limited owns all copies of the Product, irrespective of how they were made. The Product is licensed to you, not sold. You acknowledge and agree that the Product is protected under copyright and other laws in the U.K. and other countries; that Dakine Wave Limited and its licensors retain all copyrights and other intellectual property rights in the Product; that all rights are reserved by Dakine Wave Limited; and that you will not contest anywhere in the world Dakine Wave Limited's ownership of the Product or its rights in the Product.

You must not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the software or any subsequent version thereof or any part thereof.

2. Grant of License

On acceptance of this agreement, Dakine Wave Limited grants you a non-exclusive, non-transferable license to install the software on a single computer. If, for any reason, you wish to install the software on a second computer, you must either obtain an additional license or uninstall the software from the first computer.

You must not install and run the software from a network server, or use the software on different computers, unless you acquire a license for each separate computer on which the software runs.

For trial versions of the software, the licence is valid only for the publicised period of the trial. For purchased copies of the software, the licence is valid in perpetuity (unless terminated as provided herein).

3. Third Party Software

The Product uses and/or incorporates third-party software programs and/or libraries. You agree to be bound by the separate Licensing Agreements for those products, copies of which are on the installation disk, will be installed along with the Product and are available from Dakine Wave Limited.

Specifically, the Product may include speech synthesis software from IBM and AT&T. You are allowed to capture audio generated by these voice engines FOR PERSONAL USE ONLY. If you want to distribute the captured audio, post it on a website, use it over the telephone, transmit it as radio or television, or use it for any commercial purposes, you need to purchase an additional license to do so. These licenses are available from Wizzard Software Corporation (email: sales@wizzardsoftware.com).

4. Termination of this Agreement

For trial versions of the software, the trial is terminated at the publicised end of the trial period and you must uninstall the software from your computer. You must not reinstall or otherwise attempt to prolong the period of the software's use without first purchasing a full licence.

For all other versions of the software, you may terminate this agreement at any time by writing to Dakine Wave Limited and returning or destroying all copies of the software including the installation program and all accompanying documentation and packaging.

Dakine Wave Limited may terminate this license if you are in breach of any of its obligations. In such an event, you must return or destroy all copies of the software including the installation program and all accompanying documentation and packaging and, within thirty (30) days of the termination, provide Dakine Wave Limited with written certification that all copies have been destroyed.

5. Limited Warranty

Dakine Wave Limited will replace any defective installation media (for example: CD, DVD) provided that it is returned along with the original packaging and proof of purchase within thirty (30) days after you initially acquired the Product. This warranty does not apply to damages resulting from misuse, abuse or neglect.

EXCEPT FOR THIS LIMITED WARRANTY, THE SOFTWARE IS PROVIDED "AS IS", WITHOUT A WARRANTY OF ANY KIND. DAKINE WAVE LIMITED DISCLAIM ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THERE IS NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR THAT IT WILL FUNCTION WITHOUT INTERRUPTION.

6. Limitation of Liability

IN NO EVENT SHALL DAKINE WAVE LIMITED OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, SUPPLIERS OR RESELLERS BE LIABLE FOR DAMAGES TO YOU OR ANY OTHER PERSON OR ENTITY FOR BREACH OF, ARISING UNDER, OR RELATED TO THIS AGREEMENT OR THE SOFTWARE PROVIDED HEREUNDER, UNDER ANY THEORY INCLUDING, BUT NOT LIMITED TO, DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SIMILAR DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA, OR ANY OTHER LOSS) WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLEGENCE), STRICT LIABILITY OR OTHERWISE.

IN ANY CASE, DAKINE WAVE LIMITED'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF ACTUAL, PROVEN DIRECT DAMAGES OR THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.