

QPointer License Agreement 
QPointer version 3.0 
November 2003

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IMPORTANT NOTICE

European Union QPointer users understand and consent to the processing of personal information in the United States.

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Commodio Inc. is providing this software to you on an 
"AS IS" basis, for your private personal use only. 

This agreement shall apply to any use of any version of this Software. 
And to any use or distribution of any plug in for QPointer and any 
Software application that relies on, is supported by, influences the functionality and user experience of, or utilizes, to any extent, directly or indirectly, for its operation, the QPointer Software, system, Web site, Various directories and listings, tools or any part thereof.

In case of contradiction between a provision of the terms of use document dedicated solely to QPointer and any provision in this agreement, the provision of the specific term of use document shall prevail, unless the provision in this agreement or in any of the QPointer Terms of Service documents reflects narrower responsibility on behalf of Commodio Inc. than the appropriate provision in the specific term of use document. Any reference made in this agreement to Commodio Inc. shall be deemed to have been made to Commodio Inc., its subsidiaries, successors, assignees, affiliates as well as any company that controls Commodio Inc. directly or indirectly, and any other subsidiary of that controlling company. 


You agree not to 

(1) Extract information from the QPointer Services, reverse engineer, decompile, disassemble, alter, duplicate, make copies, create derivative works from, distribute or provide others with the QPointer software or any information available on, derived or extracted from the QPointer Services and Information as defined below, or any part thereof; 
Additionally, you may not use this Software on more than one computer. 

By accepting the terms of this license agreement you agree that Commodio Inc. 
Is permitted to limit, deny, update or cancel some or all of the functionality of this Software at any time, without prior notice. Commodio Inc. makes no warranties or guarantees as to the availability or reliability of the QPointer Software to you or to any other user. The Software developed by Commodio Inc. or by third parties, may be changed, updated, limited or terminated at any time, temporarily or permanently, without prior notice, for any reason or no reason by Commodio Inc. in its sole discretion ("Changes of Functionality"). Commodio Inc. may elect to, but is not obligated to, introduce or grant different functions, different versions of the Software or introduce new features in this or in future versions of the Software that may cause functionality change, limitation or termination of the functionality of features in earlier versions still in use, at any time without prior notice, at its sole discretion. You agree to bear the risks of and hold Commodio Inc. harmless for any and all affects that the Changes of Functionality and Grant of Different Services may have on your ability to use the Software in whole or in part. 


Commodio Inc. does not warrant or guarantee that all Software versions shall be provided with similar grades and level of service, features, functionality and the ability to use.

Commodio Inc. does not warrant or guarantee 

1) 	That any program or information will be free of infection by viruses, 
Worms, Trojan horses or anything else manifesting contaminating or destructive properties; 

2) 	That the functions or services performed by Commodio Inc. will be uninterrupted or error-free or that defects in the Software will be corrected. You are solely responsible to isolate software and information, execute anti-contamination software and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage your information or system.


Commodio Inc. is not responsible for any special, incidental, indirect or consequential damages. In no event will Commodio Inc.'s liability with respect to this license agreement exceed the amount you paid (if you paid) to Commodio Inc. for the Software. In no event shall Commodio Inc. be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising wherefrom or occasioned thereby, or for the results obtained from the use of the software. Commodio Inc. will not be responsible if any information infects or contaminates a user's system or information. The entire risk as to the quality and performance of Commodio Inc.'s service and the QPointer Software and the accuracy, adequacy, completeness, correctness, validity and quality thereof or of any other information is with the user.


For convenience purposes this Software may have been provided to you on a free 
CD-ROM, or otherwise bundled with other equipment, products or services. You acknowledge that you made no payment for the CD-ROM, and if payments were made, they are made for the products and services and not for the CD-ROM and Software.


IN NO EVENT WILL COMMODIO INC. BE LIABLE TO ANY PARTY 
(i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES 
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS 
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER 
DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE QPOINTER SOFTWARE. SHALL HAVE BEEN ADVISED OF THE 
POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN 
CONTRACT, TORT, OR OTHERWISE;
(ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY INFORMATION. BECAUSE SOME STATES OR 
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR 
CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, COMMODIO 
INC.'S LIABILITY SHALL BE LIMITED TO THE EXTENT 
PERMITTED BY LAW.


By using any link or bookmark in this Software that will lead you to Commodio 
Web site (at www.commodio.com), you acknowledge and agree to the terms of service of this site.

Please note that by using the Software, you acknowledge that you are bound by and subject to the provisions of the QPointer Terms of Service. In case of 
Contradiction between any provision of the license agreement and any provision in any of the QPointer Terms of Service documents, the provision of the license agreement shall prevail, unless the provision in the QPointer Terms of Service document reflects narrower responsibility on behalf of Commodio Inc. than the appropriate provision in the license agreement.

You agree that this agreement is not intended to confer and does not confer any 
Rights or remedies upon any person other than the parties to this agreement. 
You also understand and agree that the QPointer Terms of Service, including 
Commodio Inc.'s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person other than Commodio Inc.

If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. 

Commodio Inc. may transfer; assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate successor thereof or to any third party whatsoever, without notifying you or receiving your consent. You shall not transfer, assign, delegate, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this agreement.

You acknowledge that the various notes, notices and warnings available on the 
Software, are provided as a convenience only. The inclusion of such notes does not constitute an obligation on Commodio Inc. to provide such notes, notices and warnings in other places or features of the Software. 

The laws of the state of Delaware, Excluding its conflicts-of-law rules, shall govern this agreement. 
Please note that your use of the Software may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Commodio Inc. or relating in any way to your use of the QPointer Software resides in the courts of Delaware and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Delaware in connection with any such dispute including any claim involving Commodio Inc. or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. 

The above assurance and commitment as well as all warranties, representations, indemnity clauses and restrictions contained in this agreement and in the QPointer Terms of Service, shall survive termination of this agreement. 


You agree to abide by U.S. and other applicable export control laws and not to 
Export, re-export or otherwise transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws or to any person to whom exports, re-exports or transfers are prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Commodio Inc. any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. 

Microsoft Speech end user license agreement
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Redistributable Code
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The Redistributable Code is the property of Microsoft Corporation and its suppliers and is protected by copyright law and international treaty provisions. You are authorized to make and use copies of the Redistributable Code either as part of the application in which you received the Redistributable Code, or in conjunction with the application for which its use is intended. Except as expressly provided in the foregoing sentence, you are not authorized to reproduce and distribute the Redistributable Code. Microsoft reserves all rights not expressly granted. You may not reverse engineer, decompile, or disassemble the Redistributable Code, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
 
THE REDISTRIBUTABLE CODE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME THE ENTIRE RISK AS TO THE ACCURACY AND THE USE OF THE REDISTRIBUTABLE CODE. MICROSOFT SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE REDISTRIBUTABLE CODE, EVEN IF MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
 
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Redistributable Code
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Redistributable Code is identified as the following files and all of the files can be found at the following location:
http://www.microsoft.com
Copyright ( 2000 - 2003 Commodio Inc. ALL RIGHTS RESERVED.



