By downloading, installing and trying ssp you are agreeing to the following:
IEC Software Trial Agreement
This Agreement made by and between IEC, Inc., a Massachusetts corporation with its principal place of business at 15 Valley Rd, Southborough, MA, USA (hereinafter referred to as "IEC"), and the trial client (hereinafter referred to as the "Licensee"). IEC has designed and developed proprietary software and documentation for the SSP suite for VXML based IVR (hereinafter called the "Product"). Both parties desire that the Licensee evaluate and conduct tests on the Product. By participating in this program, Licensee gains access to the Product prior to purchase, and has the opportunity to provide feedback to IEC with suggested changes. The purpose of this Agreement is to acknowledge the conditions under which Licensee will evaluate the Product.
The following conditions will apply to the trial program for the Product:
The evaluation period will begin upon the installation of the Product, and may be terminated at any time by either Licensee or by IEC, by providing written notification of such intent.
The duration of this evaluation period ends on the date thirty (30) calendar days from installation of the Product.
Licensee agrees not to discuss the details or status of evaluation program, or any features delivered as part of the Product with any persons other than Licensee employees and IEC representatives. All features, schedules, and evaluation results will remain confidential between IEC and Licensee, unless both parties agree in writing to waive this restriction.
During the evaluation period, there may be additional releases of the Product, which will be provided to Licensee for installation by Licensee. At the end of the evaluation period, Licensee has the option to purchase the Product on commercially reasonable terms, but shall return the evaluation version and associated documentation to IEC or destroy the evaluation version and associated documentation within fifteen (15) calendar days.
Licensee will identify a single point of contact for IEC to work with during problem characterization and resolution.
Licensee is responsible for providing all computer and other equipment and facilities necessary for the evaluation required under this agreement.
As a normal part of the evaluation program, Licensee agrees to provide timely feedback to IEC representatives on the progress of the evaluation. This includes providing copies of log files and other system information on a twice weekly basis, or some other agreed upon schedule with IEC.
Licensee agrees to treat the Product in the same manner and with the same care and discretion that it treats its own product or work which it does not want published, disclosed, divulged, or disseminated.
EXCEPT AS PROVIDED IN SECTION 10 BELOW, LICENSEE RECOGNIZES THAT ALL PRODUCT AND OTHER ITEMS PROVIDED TO LICENSEE HEREUNDER ARE DELIVERED "AS IS." LICENSEE ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF PRODUCT. NO WARRANTIES ARE GIVEN, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE OR MECHANTABILITY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN NO EVENT WILL IEC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LIABILITY IN TORT, NEGLIGENCE, OR ANY OTHER LIABILITY INCURRED BY OR UNDER OR IN CONNECTION WITH THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IEC DOES NOT WARRANT THAT THE USE OF THE PRODUCT, OR OF ANY INFORMATION CONTAINED IN OR RELATED TO THE PRODUCT, WILL NOT INFRINGE ANY PATENT, COPYRIGHT, OR TRADEMARK OF ANY THIRD PERSON, OR THAT THE PRODUCT OR ANY PARTICULAR FEATURES OR FUNCTION CONTAINED IN IT WILL EVER BE ANNOUNCED AS A GENERALLY COMMERICIALLY AVAILABLE PRODUCT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY ABOVE, IEC SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS LICENSEE, ITS SUCCESSORS, AFFILIATES, AGENTS AND ASSIGNS (COLLECTIVELY, THE "INDEMNIFIED PARTIES') FROM ANY CLAIMS, DAMAGES, LOSSES OR EXPENSES, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COSTS) OR EXPENSES INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ALL THIRD PARTY CLAIMS, SUITS, JUDGMENTS AND CAUSES OF ACTION FOR INFRINGEMENT OF PATENTS OR OTHER PROPRIETARY RIGHTS ARISING FROM LICENSEE'S PARTICIPATION IN THE BETA TESTING PROGRAM EXCEPT TO THE EXTENT SUCH CLAIMS, DAMAGES, LOSSES OR EXPENSES ARISE OUT OF LICENSEE'S MODIFICATION OF THE PRODUCT.
Licensee shall not modify, reverse engineer, disassemble, reverse compile, distribute, rent, lease, assign or transfer the Product, nor shall Licensee create any derivative works of the Product. To the extent that the Product includes run time or other components licensed by IEC from third parties, Licensee shall not create any software program that links, embeds or makes direct function calls to such components. Licensee shall not copy the Product except as reasonably required for backup or archival purposes, and shall include IEC's and its licensors' copyright, patent, trademark and other proprietary rights notices on all such copies. The Product shall remain the exclusive property of IEC or its Licensors, and IEC reserves all rights not expressly granted to Licensee.
Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in this License Agreement and in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (Oct 1988), FAR 12.212(a) 1995, FAR 52.227-19, or FAR 52.227-14, as applicable. Licensee agrees that only rights to the Product set forth in this Agreement are provided. The Product is subject to all applicable export laws in accordance with the U.S. Export Administration Regulations and Licensee hereby agrees that neither the technical data nor the direct product thereof is intended to be shipped, either directly or indirectly to any embargoed countries nor used for or in support of any prohibited activities.
Upon any termination, Licensee shall cease all use of the Product and promptly return to IEC or destroy all copies of the Product (including copies in storage media and electronic versions), associated documentation, and all other materials or other confidential information provided by IEC or obtained in connection with a beta test. This requirement applies to all copies in any form, partial or complete, and whether or not merged into other materials.
IEC shall not disclose to any third party subsequent to the execution of this Agreement that Licensee is taking part in this evaluation program without the express written consent of Licensee which may be withheld for any reason.
This Agreement sets forth the entire understanding between the parties with respect to the matters set forth herein and supersedes all prior representations, understandings, or agreements, whether written or oral, express or implied, with respect to this transaction. Licensee agrees to keep custody of software at all times and prevent unauthorized use of software by third parties.
This Agreement is governed by the laws of the State of Massachusetts, USA.
Licensee understands that the package that he/she is downloading is for demonstration purposes only, that it is time limited and that some features that are present in the product have been removed. IEC reserves the right to monitor use of the product.