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END -USER LICENSE AGREEMENT FOR NITV SOFTWARE
IMPORTANT -READ CAREFULLY: This End -User License Agreement ("Fula")
is a legal agreement between you (either an individual or a single entity) and the NITV
which installed the Computer Voice Stress Analyser ("SOFTWARE PRODUCT" or
"SOFTWARE") on the Toshiba Satellite Notebook Computer ("COMPUTER"). The
SOFTWARE PRODUCT includes computer software, the associated media, any printed
materials, and any "online" or electronic documentation. By using the SOFTWARE, you
agree to be bound by the terms of this EULA.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties,
as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed,
not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
♦ Software. You may use the copy of the SOFTWARE PRODUCT only on the
COMPUTER.
♦ Back-up Copy. You may make a single back-up copy of the SOFTWARE PRODUCT.
You may use the back-up copy solely for archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
♦ Limitation 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 Components. The SOFTWARE PRODUCT is licensed as a single
product. Its component parts may not be separated for use on more than one computer.
♦ Single COMPUTER. The SOFTWARE PRODUCT is licensed with the COMPUTER
as a single integrated product. The SOFTWARE PRODUCT may only be used with the
COMPUTER. This license specifically excludes any use, review, evaluation, or analysis
of the SOFTWARE PRODUCT by any third parties not specifically authorized by the
NITV, which authorization may be withheld in NITV's sole and arbitrary discretion,
either by accessing Licensee's COMPUTER and/or server directly, or from a local or
remote computer terminal.
♦ Rental. You may not rent, lease, assign, sub -lease, loan, or otherwise transfer any rights
to the SOFTWARE PRODUCT or COMPUTER under this agreement.
♦ Termination. Without prejudice to any other rights, the NITV 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.
3. UPGRADES. If you receive a SOFTWARE PRODUCT upgrade, you may use that
upgrade only in accordance with this EULA.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT
(including but not limited to any images, photographs, animations, videos, audio, music,
algorithms, text and"applets") incorporated into the SOFTWARE PRODUCT, are owned
by the NITV or its suppliers. You may not copy the printed materials accompanying the
SOFTWARE PRODUCT. All rights not specifically granted under this EULA are
reserved by the NITV.
5. DUAL -MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more
than one medium. Regardless of the type or size of medium you receive, you may use
only one medium that is appropriate for the COMPUTER. You may not use or install the
Ed Bonnette - License2.wpd Page 2
other medium on another computer. You may not load, rent, lease, or otherwise transfer
the other medium to another user.
6. PRODUCT SUPPORT. Product support for the SOFTWARE PRODUCT is provided
by the NITV. For product support, or if you have any questions concerning this EULA,
please refer to the information provided in the CVSA User's Manual.
7. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and
documentation are provided with RESTRICTED RIGHTS. Use, duplication, 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
252.227-7031 or subparagraphs (c)(1) and (2) of the Commercial Computer
Software -Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is NITV,
Inc.,11400 Fortune Circle, West Palm Beach, FL 33414.
8. CONFIDENTIAL INFORMATION. During the term of this Agreement, Licensee and
its Employees, agents, and duly authorized users shall be exposed to certain information
concerning the business, products, proposed new products, customers and related
information concerning NITV which is not known to the public ("Confidential
Information"). Licensee agrees not to disclose or otherwise make such Confidential
Information available to third parties or to make any use of such Confidential Information
without prior written consent of NITV, which consent may be withheld in NITV's sole
and arbitrary discretion. Licensee shall be liable for any and all damages, costs, and
attorney's fees incurred by reason of a breach of this provision, or any other provision of
this Agreement, whether directly by Licensee or any user Licensee employs or otherwise
directly or indirectly, has enabled access to the Confidential Information. Licensee shall
be responsible for all damages including but not limited to, incidental and consequential
damages.
9. CAVEAT. NITV sells the Computer Voice Stress Analyzer as an investigative tool. The
results of any testing should not be used as a final determinant, nor should the results of
any test be included in a probable cause affidavit. The results of a CVSA examination
should not be used to obtain an arrest or search warrant.
10. NITV has advised purchaser of the option to secure extended 3 year Toshiba
warranty
At an additional cost.
❑Purchaser agrees to buy 3 year off site warranty at the Toshiba price of $394.00.
❑ Purchaser agrees to by 3 year on site warranty at the Toshiba price of $510.00
❑Purchaser declines purchase to buy 3 year warranty.
The warranty on the COMPUTER and SOFTWARE PRODUCT will be in effect
when this document is signed and returned to NITV (via fax) and when the CVSA
is shipped to purchaser.
I have read and understand this End -User License Agreement and Limited Warranty for the
Computer Voice Stress Analyzer.
%sentative for the purchase:
Si ' a re
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Print Name
Signed this 2 L of O (/_ 2003