Section Title: CallClerk Evaluation License.
CallClerk Copyright © 2004 - 2024 Rob Latour.
All rights reserved.
This license applies to the evaluation version of CallClerk. The evaluation version of CallClerk applies to a copy of CallClerk that has either not been registered or for which a payment of a $39 (U.S.) licensing fee has not been made. If you do not have an evaluation version of CallClerk, see the section titled CallClerk Standard License.
CallClerk Evaluation License
Your Agreement to this License
You should carefully read the following terms and conditions before using, installing, copying, distributing, or transmitting this software. By using, installing, copying, distributing, or transmitting CallClerk ("CallClerk"), you agree to all of the terms of this agreement ("License").
Please read the license terms below. If you do not agree to all of the terms of this License, then do not use, install, copy, distribute, or transmit CallClerk.
Scope of License
This is not free software. Subject to the terms below, you are hereby licensed by Rob Latour to use up to three copies of CallClerk, on up to three (3) computers or workstations, for evaluation purposes without charge for a period of 30 days. If you use this software after the 30-day evaluation period, a license fee of $39 (U.S.) is required. Payment must be in U.S. dollars and sent to
payment@callclerk.com via PayPal (www.paypal.com).
Use of CallClerk after the 30-day evaluation period without payment of the license fee is a breach of this License and a violation of Canadian and international copyright laws.
Payment of a License fee entitles the Licensee to receive one (1) registration code that provides for CallClerk to function without reduced functionality beyond the 30-day evaluation period.
CallClerk will automatically reduce its functionality after the 30-day evaluation period if it is not registered. CallClerk may automatically reduce its functionality set at any time if the mechanisms it uses to determine that it is not registered cause it to do so.
Subject to all of the terms of this License, you may, without making any payment to Rob Latour:
a. give exact copies of this evaluation version of CallClerk personally to anyone;
b. distribute exact copies of this evaluation version of CallClerk, if done exclusively through electronic channels; and
c. make as many exact copies of this evaluation version of CallClerk as you wish, for purposes of distribution as described in (a) and (b) above.
You are specifically prohibited from charging, or requesting donations, for any copies, however made, and from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission from Rob Latour. Rob Latour reserves the right to revoke the above distribution rights at any time, for any or no reason.
All rights of any kind in CallClerk which are not expressly granted in this License are entirely and exclusively reserved to and by Rob Latour. CallClerk is protected by copyright laws and other applicable laws and treaties. You may not rent, lease, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, CallClerk, nor permit anyone
else to do so. You may not make access to CallClerk available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so. You agree the use of your registration code(s) may be monitored and enforced.
Warranty Disclaimers and Liability Limitations
CallClerk, and any and all accompanying software, files, data and materials, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Rob Latour does not warrant, guarantee, or make any representations regarding the use of, or the results of the
use of, CallClerk. Rob Latour does not warrant that the operation of CallClerk will be uninterrupted or error-free, or that the use of any passwords and/or encryption features will be effective in preventing the unintentional disclosure of information contained in any file. You acknowledge that good data processing procedure dictates that any program, including CallClerk, must be
thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of CallClerk covered by this License. This disclaimer of warranty constitutes an essential part of this License.
Except to the extent expressly prohibited by applicable statutes, Rob Latour shall not be liable for any damage or financial loss arising out of the use of, or inability to use, CallClerk. Any liability of Rob Latour will be limited exclusively to refund of the license fee paid to Rob Latour. Except to the extent expressly prohibited by applicable statutes, in no event shall Rob Latour,
or his partner(s), employees, affiliates, or contractors be liable for any indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of CallClerk, or to your relationship with Rob Latour, (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business
interruption), whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution, indemnity, or any other legal theory or cause of action, even if advised of the possibility of such damages.
In addition, in no event does Rob Latour authorize you or anyone else to use CallClerk in applications or systems where CallClerk's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or in loss of life. Any such use is entirely at your own risk, and you agree to hold Rob Latour harmless from any and all claims or losses
relating to such unauthorized use.
General
This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements, and arrangements. This License shall be governed by the laws of the Province of Ontario, without regard to Ontario choice-of-law rules. Exclusive jurisdiction and venue for all matters relating to this
License shall be in courts and fora located in the Province of Ontario, and you consent to such jurisdiction and venue. There are no third-party beneficiaries of any promises, obligations, or representations made by Rob Latour herein. Any waiver by Rob Latour of any violation of this License by you shall not constitute, nor contribute to, a waiver by Rob Latour of any other or future
violation by you of the same provision, or any other provision, of this License. If any part of this License or the application thereof to any person or circumstance is for any reason held invalid or unenforceable, it shall be deemed severable, and the validity of the remainder of this License, or the applications of such provision to other persons or circumstances, shall not be affected
thereby.