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DIALOGCENTRAL

SOFTWARE LICENSE AGREEMENT FOR DIALOGCENTRAL FEEDBACK

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE OPINIONLAB SOFTWARE. BY USING THE OPINIONLAB SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE.

  1. General. The software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "OpinionLab Software") are licensed, not sold, to you by OpinionLab Inc. ("OpinionLab") for use only under the terms of this License, and OpinionLab reserves all rights not expressly granted to you. The terms of this License will govern any software upgrades provided by OpinionLab that replace and/or supplement the original OpinionLab Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
    Title and intellectual property rights in and to any content displayed by the OpinionLab Software ("Content") and any data entered in to or through the OpinionLab Software ("Data") belongs to OpinionLab. Such Content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of any third party providing such Content to or through OpinionLab. This License does not grant you any rights to use such Content. Such Data may be disclosed by OpinionLab to any person in any lawful fashion and you hereby consent to such disclosure. OpinionLab may license, sell, disseminate, publish, store or destroy Data in its discretion.
  2. Permitted License Uses and Restrictions.
    • (a) This License is limited to a non-transferable license to use the OpinionLab Software on any iPhone or iPod touch that you own or control and as permitted by the "Usage Rules" set forth in the Store Terms and Conditions. You may not distribute or make the OpinionLab Software available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the OpinionLab Software.
    • (b) You may not copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the OpinionLab Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the OpinionLab Software). Any attempt to do so is a violation of the rights of OpinionLab and its licensors of the OpinionLab Software. If you breach this restriction, you may be subject to prosecution and damages.
  3. YOU ARE HEREBY EXPRESSLY DISCOURAGED FROM ENTERING ANY OF YOU PERSONAL INFORMATION (NAME, ADDRESS, EMAIL ADDRESS, FINANCIAL, MEDICAL OR OTHER SIMILAR INFORMATION IN OR THROUGH THE OPINIONLAB SOFTWARE. OPINIONLAB WILL USE REASONABLE EFFORTS (LIMITED TO MACHINE SCRUBBING) TO DELETE ANY SUCH INFORMATION FROM THE DATA.
  4. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from OpinionLab if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the OpinionLab Software and destroy all copies, full or partial, of the OpinionLab Software.
  5. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE OPINIONLAB SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OPINIONLAB SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND OPINIONLAB AND OPINIONLAB'S LICENSORS (COLLECTIVELY REFERRED TO AS "OPINIONLAB" FOR THE PURPOSES OF SECTIONS 5 AND 6) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE OPINIONLAB SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. OPINIONLAB DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE OPINIONLAB SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE OPINIONLAB SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE OPINIONLAB SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE OPINIONLAB SOFTWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, OR THAT DEFECTS IN THE OPINIONLAB SOFTWARE WILL BE CORRECTED. YOU FURTHER ACKNOWLEDGE THAT THE OPINIONLAB SOFTWARE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE OPINIONLAB SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OPINIONLAB OR AN OPINIONLAB AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE OPINIONLAB SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
  6. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL OPINIONLAB BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE OPINIONLAB SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF OPINIONLAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall OpinionLab's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
  7. Export Control. You may not use or otherwise export or reexport the OpinionLab Software except as authorized by United States law and the laws of the jurisdiction in which the OpinionLab Software was obtained. In particular, but without limitation, the OpinionLab Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the OpinionLab Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the OpinionLab Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, chemical or biological weapons.
  8. Government End Users. The OpinionLab Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
  9. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of Illinois, as applied to agreements entered into and to be performed entirely within Illinois between Illinois residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
  10. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the OpinionLab Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by OpinionLab. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
  11. Attributions; This application makes use of the following Copywritten material:
    • zxing library: Copyright 2008 ZXing authors All rights reserved. Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0
    • JSON library: Copyright (C) 2009 Stig Brautaset. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
    • Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
    • Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
    • Neither the name of the author nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
    • Glyphish Icons This app uses toolbar icons by Joseph Wain / glyphish.com
Copyright © 2010 OpinionLab, inc. | patent pending