BY CLICKING ON THE "NEXT" BUTTON, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "CANCEL" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE. LICENSE AGREEMENT FOR TCM ORGNASIER Installation of TCM Orgnasier (the "Product") is contingent on your (hereinafter "Recipient") agreement to the following terms: 1. GRANT OF LICENSE. Subject to the terms, conditions and limitations below, E-Tech Canada Ltd. ("E-Tech") grants to Recipient (and only Recipient) a limited, non-exclusive license to use one copy of the executable code of the Product on a single CPU residing on Recipient's premises. The individual agrees to be irrevocably bound by all the terms limitations and conditions set forth in this Agreement. All other rights are reserved to E-Tech. Recipient shall not rent, lease, sell, sublicense, assign, or otherwise transfer the Product, including any accompanying printed materials. Recipient may not reverse engineer, decompile or disassemble the Product. Voxware and E-Tech shall retain title and all ownership rights to the Product. 2. PRODUCT MAINTENANCE. Voxware and E-Tech is not obligated to provide maintenance or updates to Recipient for the Product. However, if Voxware and E-Tech should provide any maintenance or updates, such maintenance or updates shall be covered by this Agreement. 3. DISCLAIMER OF WARRANTY. Product is deemed accepted by Recipient. The PRODUCT is provided AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VOXWARE AND E-TECH FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND DOCUMENTATION REMAINS WITH RECIPIENT. THIS DISCLAIMER OF WARRANTY IS AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF AN IMPLIED WARRANTY, THIS DISCLAIMER MAY NOT APPLY TO RECIPIENT AND RECIPIENT MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. 4. LIMITATION ON LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL VOXWARE AND E-TECH OR ITS AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF VOXWARE AND E-TECH SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT 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 YOU. 5. US GOVERNMENT RESTRICTED RIGHTS AND EXPORT RESTRICTIONS. The Product is 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 of DFARS 252.227-7013 or subparagraphs c (1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Voxware and E-Tech, 305 College Road East, Princeton, New Jersey 08540. Recipient acknowledges that the Product licensed hereunder is subject to the export control laws and regulations of the USA, and any amendments thereof. Recipient confirms that with respect to the Product, it will not export or re-export it, directly or indirectly, either to (i) any countries that are subject to USA export restrictions (currently including, but not necessarily limited to, Cuba, the Federal Republic of Yugoslavia (Serbia and Montenegro), Haiti, Iran, Iraq, Libya, North Korea, South Africa (military and police entities), and Syria); (ii) any end user who Recipient knows or has reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons; or (iii) any end user who has been prohibited from participating in the USA transactions by any federal agency of the USA government. Recipient further acknowledges that the Product may include technical data subject to export and re-export restrictions imposed by USA law. 6. GOVERNING LAW; ATTORNEYS FEES. This Agreement shall be governed by the laws of the State of New Jersey and Recipient further consents to jurisdiction by the state and federal courts sitting in the State of New Jersey. If either Voxware and E-Tech or Recipient employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees. 7. ENTIRE AGREEMENT. This Agreement constitutes the complete and exclusive agreement between Voxware and E-Tech and Recipient with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This Agreement may not be modified except in a writing duly signed by an authorized representative of Voxware and E-Tech and Recipient. 8. THIRD PARTY BENEFICIARY. Voxware and E-Tech, Inc. shall be deemed a third party beneficiary of this Agreement.
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