PLEASE READ
THIS AGREEMENT CAREFULLY
Free-i Communication Co.,Ltd.
Software License Agreement
Free-i Communication Co.,Ltd.("Free-i
Communication") IS WILLING TO LICENSE
THE ENCLOSED SOFTWARE (AS WELL AS UPDATES
Free-i Communication MAY FURNISH YOU FROM
TIME TO TIME) AND DOCUMENTATION (THE "SOFTWARE")
TO YOU ("YOU") ONLY ON THE CONDITION
THAT YOU ACCEPT ALL OF THE TERMS IN THIS
SOFTWARE LICENSE AGREEMENT (THE "AGREEMENT").
IF YOU ARE AN EMPLOYEE OR AGENT OF A COMPANY
(THE "COMPANY") AND ARE ENTERING
INTO THIS AGREEMENT TO OBTAIN THE SOFTWARE
FOR USE BY THE COMPANY FOR ITS OWN BUSINESS
PURPOSES, YOU HEREBY AGREE THAT YOU ENTER
INTO THIS AGREEMENT ON BEHALF OF THE COMPANY
AND THAT YOU HAVE THE AUTHORITY TO BIND
THE COMPANY TO THE TERMS AND CONDITIONS
OF THIS AGREEMENT.
BY CLICKING ON THE "I
Agree" BUTTON BELOW, YOU ACKNOWLEDGE
THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND
IT, AND AGREE TO BE BOUND BY IT. IF YOU
DO NOT AGREE TO ANY OF THE TERMS BELOW,Free-i
Communication IS UNWILLING TO LICENSE THE
SOFTWARE TO YOU, AND YOU SHOULD NOT CLICK
ON THE "I Agree" BUTTON BELOW
TO DISCONTINUE THE MEMBERSHIP APPLICATION.
LICENSE.
Subject to the terms and conditions of this
Agreement, Free-i Communication hereby grants
You a limited, non-exclusive, personal license
to install, perform and use the Software,
in machine-readable form only, solely for
Your own personal or internal business use
on a single computer.
RESTRICTIONS.
You may not use or copy the Software, or
any copy thereof, in whole or in part, except
as expressly provided in this Agreement.
You may not modify, reproduce, create derivative
works of, distribute, sell, resell, lend,
loan, lease, license, sublicense or transfer
(except as expressly provided herein) the
Software or any portion thereof. You may
not reverse engineer, disassemble, decompile,
or translate the Software, or otherwise
attempt to derive the source code of the
Software, or authorize any third party to
do any of the foregoing, except to the extent
allowed under any applicable law. The Software
contains trade secrets, trademarks, patents,
and copyrights owned by Free-i Communication,
and You shall maintain the Software in confidence.
You shall not allow any access to or use
of the Software by anyone other than You,
or Your employees or agents, and any such
use must be consistent with the terms, conditions
and restrictions set forth in this Agreement.
LICENSE FEES.
You are responsible for paying Free-i Communication
or the retailer from whom you purchased
the Software, the specified fees, and applicable
taxes, for the license of the Software.
OWNERSHIP.
The Software is licensed, not sold, to You
for Your use only under the terms of this
Agreement, and Free-i Communication reserves
all rights not expressly granted to You.
You own the media, if any, on which the
Software is recorded, but Free-i Communication
retains ownership of all copies of the Software
itself.
UPDATES/SUPPORT.
From time to time, Free-i Communication
may make new releases, revisions or enhancement
to the Software ("Updates") available
to You. Your purchase must be recorded with
Free-i Communication either through product
registration or a direct purchase through
www2.drvi.com for You to be notified of
Updates. You may download and install those
Updates as long as Your subscription is
valid.
Free-i Communication will provide You with
mail or telephone support for the Software
as long as Your subscription is valid.
TERM/TERMINATION.
The Agreement becomes effective when You
agree to the terms and conditions of this
Agreement by opening, installing, using,
accessing or manipulating the Software (the
"Effective Date"), and this Agreement
will terminate immediately upon notice to
You if You materially breach any term or
condition of this Agreement. You agree upon
termination to promptly destroy the Software
and all copies thereof.
TRIAL.
If you are using the Software on a trial
basis, and are authorized to do so, then
You shall have a license under this Agreement
to use the Software for the number of days
indicated in the materials accompany the
Software (the "Trial Period")
from the date You install it, solely for
the purpose of evaluating the Software to
determine whether to purchase an ongoing
license to the Software. At the end of the
Trial Period, the Software will stop working.
During the Trial Period, the Software is
provided to You "as is" and Your
use is entirely at Your own risk.
WARRANTY DISCLAIMER.
THE SOFTWARE IS PROVIDED TO YOU "AS
IS" AND Free-i Communication AND ITS
SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM
ANY AND ALL WARRANTIES AND REPRESENTATIONS
OF ANY KIND WITH REGARD TO ANY SUBJECT MATTER
OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION,
ANY WARRANTY OF NON-INFRINGEMENT, TITLE,
FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY
OR MERCHANTILIABILITY, WHETHER EXPRESS,
IMPLIED OR STATUTORY. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY Free-i Communication,
ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR
AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE
WARRANTIES OR CREATE ANY NEW WARRANTIES.
LIMITATION OF REMEDIES.
REGARDLESS OF WHETHER ANY REMEDY SET FORTH
HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR
OTHERWISE, IN NO EVENT WILL Free-i Communication
OR ITS SUPPLIERS BE LIABLE TO YOU OR TO
ANY THIRD PARTY FOR ANY LOST PROFITS, LOST
DATA, INTERRUPTION OF BUSINESS, OR OTHER
SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND ARISING OUT OF THE USE
OR INABILITY TO USE THE SOFTWARE OR ANY
DATA SUPPLIED THEREWITH, EVEN IF Free-i
Communication HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT
SUCH LOSS OR DAMAGES ARE FORESEEABLE. IN
NO EVENT SHALL THE LIABILITY OF Free-i Communication
EXCEED THE TOTAL AMOUNT RECEIVED BY Free-i
Communication FROM YOU UNDER THIS AGREEMENT.
YOUR ACKNOWLEDGMENTS.
You acknowledge that Your use of the SOFTWARE
may remove or disable other programs from
Your computer, including software that may
or may not be "spyware," and You
agree that Free-i Communication shall not
be responsible for such removal or disabling
or the results of such removal or disabling.
You are solely responsible for selecting
which programs the SOFTWARE removes from
your computer. While SL Communication uses
reasonable efforts to properly identify
those products that constitute or include
"spyware" and update its list
of such products, Free-i Communication cannot
guarantee that its list is complete or completely
accurate. Because new and/or modified "spyware"
programs are regularly introduced, You should
make sure You receive Updates to the SOFTWARE
to detect those new products Free-i Communication
adds when we provide Updates to the SOFTWARE.
AUTHORITY AND INDEMNITY.
If You have entered into this Agreement
on behalf of (or to facilitate the use of
the SOFTWARE by) a Company of which You
are an employee or agent, You represent
and warrant that You have the full corporate
right, power and authority to enter into
this Agreement on behalf of the Company,
that this Agreement has been duly authorized
by the Company and that this Agreement will
constitute the legal, valid and binding
obligation of the Company, enforceable against
the Company in accordance with its terms.
You hereby agree to indemnify and hold Free-i
Communication harmless from any and all
claims, damages, losses and expenses (including,
without limitation, attorneys' fees) arising
from any breach of this Section.
EXPORT LAW.
The Software and related technology are
subject to ROK(Republic of Korea)export
control laws and may be subject to export
or import regulations in other countries.
You agree to strictly comply with all such
laws and regulations and acknowledge that
You have the responsibility to obtain such
licenses to export, re-export or import
as may be required.
HIGH RISK ACTIVITY.
You acknowledge and agree that the Software
is not intended for use with any high risk
or strict liability activity, including,
without limitation, air or space travel,
technical building or structural design,
power plant design or operation, life support
or emergency medical operations or uses,
and that Free-i Communication makes no warranty
and shall have no liability arising from
any use of the Software in any high risk
or strict liability activities.
GENERAL.
This Agreement will be governed by the laws
of Republic of Korea, without regard to
or application of any conflicts of law rules
or principles. The courts for Seoul, Korea
shall have exclusive jurisdiction over any
disputes, claims or controversies arising
out of or relating to this Agreement, and
You hereby irrevocably waive any objection
to the jurisdiction of such courts over
any such dispute, claim or controversy.
If any provision of this Agreement is held
to be unenforceable, that provision will
be enforced to the extent permissible by
law and the remaining provisions will remain
in full force. This Agreement is the complete
and exclusive statement of the agreement
between us which supersedes any proposal
or prior agreement, oral or written, and
any other communications between You and
Free-i Communication in relation to the
subject matter of this Agreement.
If You have any questions regarding
this Agreement or the Software, please contact
the party that supplied the Software to
You.
THE SOFTWARE IS PROTECTED BY
REPUBLIC OF KOREA COPYRIGHT LAW AND INTERNATIONAL
TREATY.
UNAUTHORIZED REPRODUCTION OR DISTRIBUTION
IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.
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