End User License Agreement (EULA)
By accepting this agreement or by installing Direct Results Telemarketing version 2.x (2.0 thru 2.9) or other software offered by or on behalf of Navazon, Inc. (the 'Software') or by clicking 'Install', you agree to the following terms, notwithstanding anything to the contrary in this agreement.
• License
Subject to your compliance with these terms and conditions, Navazon, Inc grants you a royalty-free, non-exclusive, non-transferable license to use the Software for one year. Navazon, Inc reserves all rights in the Software not expressly granted to you here.
• Restrictions
The source code, design, and structure of the Software are trade secrets. You will not disassemble, decompile, or reverse engineer it, in whole or in part, except to the extent expressly permitted by law, or distribute it. You will not use the Software for illegal purposes. You will comply with all export laws. The Software is licensed, not sold.
• Disclaimer of Warranty
Navazon, Inc disclaims any responsibility for harm resulting from the Software or any software or content downloaded using the Software, whether or not Navazon, Inc. approved such software or content. Navazon, Inc approval does not guarantee that software or content from an approved partner will function, or appear as offered or hoped, or be complete, accurate, or free from bugs, errors, viruses, or other harmful content. Navazon, Inc. expressly disclaims all warranties and conditions, express or implied, including any implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties and conditions arising out of course of dealing or usage of trade regarding the Software. No advice or information, whether oral or written, obtained from Navazon, Inc. or elsewhere will create any warranty or condition not expressly stated in this agreement.
• Limitation of Liability
Navazon, Inc.’s total liability to you from all causes of action and under all theories of liability will be limited to $50.00. In no event and under no theory of liability will Navazon, Inc. be liable to you for any special, incidental, exemplary, or consequential damages arising out of or in connection with this agreement or the software whether or not Navazon, Inc. has been advised of the possibility of such damages. The foregoing limitations will survive even if any limited remedy specified is found to have failed of its essential purpose.
• General
These Navazon, Inc terms will be governed by and construed in accordance with the laws of California, USA, without regard to conflicts of law rules. The United Nations Convention on Contracts for the International Sale of Goods will not apply. The failure by either party to enforce any provision will not constitute a waiver. Any waiver, modification, or amendment of the Navazon, Inc terms will be effective only if signed. If any provision is held to be unenforceable, it will be enforced to the maximum extent possible and will not diminish other provisions. Navazon, Inc may make changes to these terms from time to time. When these changes are made, Navazon, Inc will make a new copy of the terms available at http://www.directresultstelemarketing.com/DRT/EULA. You understand and agree that if you use the Software after the date on which the terms have changed, Navazon, Inc. will treat your use as acceptance of the updated terms. You agree that Navazon, Inc. may provide you with notices, including those regarding changes to the terms, by postings on http://www.directresultstelemarketing.com/DRT/EULA. This together with Terms of Use is the complete and exclusive understanding with you regarding your use of the Software as an end user.