This license statement and limited warranty constitutes a legal agreement ('License Agreement') between you and all other associated entities (either as an individual or an entity) ON THE ONE PART and
Jacek Kozlowski ('Jack Kozlowski') ON THE OTHER PART for the applications identified
as: Phone Dialer Pro, Auto Dialer Pro, Excel Dialer Pro, Dial Engine Pro,
Network Dialer Pro, Universal
Internet Dialer, Line Monitor, Phone Dialer EX ('Di@lex'),
any updates or supplements, online or electronic documentation, printed documentation, and example files (collectively and
severally referred to as the “Software”).
By installing, copying, or otherwise using the Software, you agree to be
bound by all other terms and conditions of the License Agreement. If you do
not understand or do not accept these terms, you must stop using this
product immediately. By clicking on the 'I Accept' button during
installation when prompted to accept the License Agreement, you agree to
being bound by all the terms and conditions of this agreement. If you do not
agree to all of the terms of this agreement, click the 'I Do Not Accept''
button and the installation process will not continue.
The License Agreement has 3 parts.
Part I applies if you have not paid a license fee for the Software.
Part II applies if you have paid a
fee for a single site license or unlimited site
Part III applies universally to all licensees (both those
who have paid a license fee, and those who have not).
PART I -- TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID
Jacek Kozlowski grants to you a non-exclusive, non-transferable license to use the Software free of charge for for twenty one (21) days from the date of your initial installation (the 'Evaluation Period') only for the purpose of evaluating whether to pay the license fee for the Software.
If you are an entity, Jacek Kozlowski grants you the right to designate one individual within your organization to have the right to use the Software in the manner provided herein. If more than one person will use the product, you must register an individual license for each person. After the Evaluation Period, continued use of the Software requires payment of the license fee.
During the Evaluation Period, you may:
a) install and evaluate the Software on an unrestricted number of computers.
b) make as many copies as you like for backup purposes, provided all copies contain all of the original Software's proprietary notices. If after the Evaluation Period you choose not to pay the license fee, you must destroy all copies of the Software and documentation. You must also stop using the Software and completely remove it from any computers on which it is installed.
PART II -- TERMS APPLICABLE WHEN LICENSE FEES PAID
By registering the Software it is understood that you have evaluated the Software thoroughly and have found it satisfactory for your needs. Subject to payment of applicable license fees and registration of Software with
Jacek Kozlowski, Jacek Kozlowski grants to you, a non-exclusive, non-transferable license to use the Software.
If you are an entity, Jacek Kozlowski grants you the right to designate one individual within your organization to have the right to use the Software in the manner provided herein.
After paying the single license fee, you may:
a) install and use the Software on ONLY ONE (1) computer from which the
registration form (register.txt) was taken and submitted to
b) update to a newer version when a new version is available.
After paying the unlimited license fee (also called the full
a) Software can be installed and used on an unlimited number of computers
belonging to or being part of your organization.
There is no need to submit the registration form
b) Fully licensed Software cannot be distributed to other parties
without obtaining permission from the author.
c) If you want to bundle the Software with another application to be
distributed to other parties, the following provisions apply:
- the other application must directly interface with the Software
- the Software must be modified such that it cannot
be used as a stand-alone application (contact the author to do this)
- the special fee must be paid
d) You may update to the newest version at any time after the update fee is paid.
e) Maintenance fee.
With each passing year the maintenance fee is required
to renew the full license for the next 365 days.
PART III - - UNIVERSALLY APPLICABLE TERMS
(for both those who have paid a license fee, and
those who have not)
TITLE AND COPYRIGHT
Jacek Kozlowski and/or its licensors owns all copyright, trade secret, trademark, patent, and any other intellectual property or proprietary rights in and to the Software. The copyright laws of Canada and international copyright treaties protect the Software. Title, ownership rights, and intellectual property rights in and to any content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright or other law. This License Agreement gives you no rights to such content.
OTHER RIGHTS AND LIMITATIONS
Both before and after paying license fees, you MAY NOT:
a) modify, translate, reverse engineer, decompile, or disassemble the Software, except and only to the extent that applicable law notwithstanding this limitation expressly permits such activity. You acknowledge that the Software in source code form remains a confidential trade secret of
Jacek Kozlowski and/or its suppliers.
b) create derivative works based on the Software.
c) use the Software or any derivative, in any form, for redistribution either inside or outside your organization, except by written agreement with
d) use the Software or any derivative in any form of program which would be generally competitive with or a substitute for
Jacek Kozlowski's phone dialers product line, except by written agreement with
e) rent, lease, lend, sublicense, time-share, electronically transmit or otherwise transfer the Software or any of the documentation.
f) modify or remove any proprietary notices or labels on the Software including any copyright notice, or any 'About' dialog or the method by which it may be invoked.
g) reproduce, distribute or resell copies of the complete or partial Software or any of the documentation.
h) attempt to unlock or bypass any copy-protection or authentication algorithm utilized by this product.
i) use Software names, logos, or trademarks, except to state that you use this Software. You will indemnify and hold
Jacek Kozlowski, its related companies, its suppliers, and resellers harmless from and against any claims or liabilities arising out of any use of the Software.
You shall be responsible for protecting the Software at all times from
access, use copying or modification that is not authorized by the License
You shall notify Jacek Kozlowski immediately on
becoming aware of any unauthorized access, use, copying or modification of
the whole or any part of the Software.
No forbearance, delay or indulgence by a party in enforcing the provisions of this License Agreement shall prejudice or restrict the rights of that party, nor shall any waiver of those rights operate as a waiver of any subsequent breach.
The license will terminate automatically if you fail to comply with any of the terms of this License Agreement. On termination, you must destroy all copies of the Software and documentation. You must also stop using the Software and completely remove it from any computers on which it
DISCLAIMER OF WARRANTY
Jacek Kozlowski warrants that the Software, as updated and when properly used, will perform substantially as described in the accompanying documentation for a period of sixty (60) days from the date of receipt.
Jacek Kozlowski makes no representation or Warranty that the Software or documentation are 'error-free', or meet any user's particular standards, requirements, or needs. The entire risk as to the quality and performance of the Software in your environment is borne by you. Should the Software prove defective, you and not
Jacek Kozlowski assume the entire cost of any service and repair.
Jacek Kozlowski provides no Warranty at all to any person, other than the Limited Warranty provided to the original paid licensee of this Software.
This is a Limited Warranty and it is the only Warranty made by Jacek
Kozlowski to the maximum extent permitted by applicable law. Jacek
Kozlowski and its suppliers disclaim all other Warranties and conditions, either express or implied, including but not limited to, implied Warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the Software, and the provision of or failure to provide support services.
The duration of implied Warranties, including without limitation, Warranties of merchantability and of fitness for a particular purpose, is limited to the above Limited Warranty period. This disclaimer of Warranty constitutes an essential part of the License Agreement. No
Jacek Kozlowski dealer, agent, or employee is authorized to make any modifications, extensions, or additions to this Warranty. If you make any modifications to the Software during the Warranty period or if you violate the terms of this License Agreement, then this Warranty shall immediately be terminated. This Warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the Software is intended to operate.
Under no circumstances and under no legal theory, tort, contract, or otherwise, shall
Jacek Kozlowski or its suppliers or resellers be
liable to you or any other person or entity for any indirect, special,
incidental, or consequential damages of any character (including, without
limitation, damages for loss of goodwill, work stoppage, loss of profit,
computer failure or malfunction, or any and all other commercial damages
or pecuniary losses) arising out of the use of or inability to use the
Software product or the provision of or failure to provide support
HIGH RISK ACTIVITIES
The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, direct life support machines, weapons systems, aircraft navigation or communication systems, or air traffic control, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ('High Risk Activities').
Jacek Kozlowski and its suppliers specifically
disclaim any express or implied Warranty of fitness for High Risk
This agreement shall be governed by, construed, and interpreted in accordance with the laws of the Province of Ontario, Canada.
This License Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them.
These Terms and Conditions may not be waived, amended, or modified in any way except through a written agreement signed by
Jacek Kozlowski. If any one or more provisions of the License Agreement are found to be illegal or unenforceable, the remaining provisions will be enforced to the maximum extent possible.
The acceptance of any purchase order placed by you is expressly made conditional on your assent to the terms set forth herein, and not to those contained in your purchase order.
If any remedy provided is determined to have failed to meet its intended purpose, all limitations of liability as described in the Limited Warranty shall remain in effect.
Jacek Kozlowski reserves all other rights and restrictions not specifically granted in this License Agreement.