Inter-Tel Axxess User Manual page 12

Term:
This Agreement is effective from Your date of purchase and shall remain in force
until terminated. You may terminate the Agreement by returning to Inter-Tel the origi-
nal diskette(s), ROMs, PALs, or other applicable software media and all copies of the
Inter-Tel software program(s). The Agreement is also terminated if You fail to comply
with any term or condition of this Agreement. You agree to return to Inter-Tel the
original diskette(s) and other applicable software media and all copies of the Inter-Tel
Software program(s) upon such termination. The Company may immediately termi-
nate this license upon notice to you, whereupon you shall immediately destroy all
copies of the Program.
Warranty:
(a) Inter-Tel warrants to You that the diskette(s), and/or other applicable software
media on which the Inter-Tel Software program(s) are furnished are not defec-
tive under normal use for a period of ninety (90) days from the date of pur-
chase, as evidenced by a copy of Your sales receipt.
(b) Inter-Tel and its third-party suppliers and vendors' liability and Your exclusive
remedy shall be the replacement of any diskette(s) and/or other applicable soft-
ware media that do not meet the warranty and which are returned to Inter-Tel
or an authorized dealer together with a copy of Your paid receipt. THE
ABOVE IS THE ONLY WARRANTY OF ANY KIND. ALL OTHER WAR-
RANTIES EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIM-
ITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR USE ARE HEREBY DISCLAIMED. This
warranty gives You specific legal rights and You may also have other rights
which may vary from state to state.
You acknowledge that the Program, including the related documentation and any new
releases, modifications and enhancements thereto, belongs to the Company, and that
the Company retains all right, title and interest in and to the Program. You further
acknowledge that the Program and information relating thereto constitute valuable
trade secrets of the Company. You agree to comply with the terms and conditions of
this Agreement and agree to treat the Program as the confidential and proprietary
information of the Company.
You shall be solely responsible for the supervision, management and control of your
use of the Program and related products and documentation. You hereby indemnify
and hold harmless the Company and its affiliates (the Indemnified Parties) against any
loss, liability, damages, costs or expenses suffered or incurred by the Indemnified Par-
ties at any time as a result, of any claim, action or proceeding arising out of or relating
to your use, operation or implementation of the Program. For purposes of this Agree-
ment, affiliate means any Company division or subsidiary or any other affiliated
entity involved in the manufacture or wholesale distribution of Company products.
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Axxess Desktop SoftPhone User Guide