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Please fill out and submit the form below. Once you have done so please read and accept or decline the BETA Licence Agreement.
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Foneware Dashboard BETA License Agreement
By downloading, you agree to our BETA License Agreement
Foneware Dashboard BETA License Agreement

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE. 

BY CLICKING ON THE "ACCEPT" BUTTON, DOWNLOADING THE PRODUCT, OR USING THE EQUIPMENT THAT CONTAINS THIS PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE, RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND, OR DO NOT DOWNLOAD THE PRODUCT. 

Single User License Grant: Foneware, L.L.C. ("Foneware") and its suppliers grant to Customer ("Customer") a nonexclusive and nontransferable license to use the Foneware Dashboard software ("Software") in object code form solely on a single central processing unit owned or leased by Customer. Foneware, L.L.C. is a Georgia corporation located at 4485 Tench Road, Suite 610, Suwanee, Georgia 30024.
Multiple-Users License Grant: Foneware, Inc. 
("Foneware") and its suppliers grant to Customer ("Customer") a nonexclusive and nontransferable license to use the Foneware Dashboard ("Software") in object code form: (i) installed in a single location on a hard disk or other storage device of up to the number of computers owned or leased by Customer for which Customer has paid a license fee ("Permitted Number of Computers"); or (ii) provided the Software is configured for network use, installed on a single file server for use on a single local area network for either (but not both) of the following purposes: (a) permanent installation onto a hard disk or other storage device of up to the Permitted Number of Computers; or (b) use of the Software over such network, provided the number of computers connected to the server does not exceed the Permitted Number of Computers. Customer may only use the programs contained in the Software (i) for which Customer has paid a license fee (or in the case of an evaluation copy, those programs Customer is authorized to evaluate) and (ii) for which Customer has received a product authorization key.

Automatic Updates: The Software may be automatically updated from time to time to improve the overall functionality by enhancing features, fixing bugs, installing patches etc. By installing the Software you agree to automatically request and receive such updates. 

Proprietary Rights: You acknowledge that the Software contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and that Foneware and or other third parties own all right, title and interest in and to the Software and software provided through or in conjunction with the Software, including without limitation all intellectual property rights therein and thereto.  EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, CUSTOMER SHALL NOT: COPY, IN WHOLE OR IN PART, SOFTWARE OR DOCUMENTATION; MODIFY THE SOFTWARE; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE SOFTWARE; RENT, LEASE, DISTRIBUTE, SELL, CREATE DERIVATIVE WORKS OF THE SOFTWARE; OR USE THE SOFTWARE IN VIOLATION OF ANY LAW(S) OR THIRD PARTY RIGHTS. 
Limited Warranty: Software substantially conforms to its published specifications. Except for the foregoing, the Software is provided AS IS. This limited warranty extends only to Customer as the original licensee. Customer's exclusive remedy and the entire liability of Foneware and its suppliers under this limited warranty will be, at Foneware or its service center's option, repair, replacement, or refund of the Software if reported (or, upon request, returned) to the party supplying the Software to Customer. In no event does WDA warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions. 

This warranty does not apply if the software (a) has been altered, except by Foneware, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Foneware, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (d) is used in ultra hazardous activities.
 
DISCLAIMER: EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. 

IN NO EVENT WILL FONEWARE OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF FONEWARE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Foneware's or its suppliers' liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. 

The above warranty DOES NOT apply to any BETA software, any software made available for testing or demonstration purposes, any temporary software modules or any software for which Foneware does not receive a license fee. All such software products are provided AS IS without any warranty whatsoever. 

Third Party Products and Services: In some instances the Software may be used in conjunction with other third party services or software. Any such third party services or software may be governed by applicable licenses, terms of service and privacy policies of the respective third parties. With respect to any third party licenses, terms of service and privacy policies, in the event of a conflict between these terms and conditions and any third party licenses, terms of service and privacy policies, the third party licenses, terms of service and privacy policies shall control.

This License is effective until terminated. Customer may terminate this License at any time by destroying all copies of Software including any documentation. This License will terminate immediately without notice from Foneware if Customer fails to comply with any provision of this License. Upon termination, Customer must destroy all copies of Software. 

Export: Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software. 

This License shall be governed by and construed in accordance with the laws of the State of Georgia, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this License shall remain in full force and effect. This License constitutes the entire License between the parties with respect to the use of the Software. 

Restricted Rights for Government Use: Foneware's software is provided to non-DOD agencies with RESTRICTED RIGHTS and its supporting documentation is provided with LIMITED RIGHTS. Use, duplication, or disclosure by the Government is subject to the restrictions as set forth in subparagraph "C" of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19. In the event the sale is to a DOD agency, the government's rights in software, supporting documentation, and technical data are governed by the restrictions in the Technical Data Commercial Items clause at DFARS 252.227-7015 and DFARS 227.7202. 

Evaluation Product Additional Terms: If the product you have received with this license has been identified as �Evaluation� Software or �BETA�, then the provisions of this section apply. To the extent that any provision in this section is in conflict with any other term or condition in this Agreement, this section shall supersede such other term(s) and condition(s) with respect to the Evaluation or , but only to the extent necessary to resolve the conflict. You acknowledge that the Evaluation or BETA Software may contain bugs, errors and other problems that could cause system or other failures and data loss.
Consequently, Evaluation or BETA Software is provided to you "AS-IS", and Foneware disclaims any warranty or liability obligations to you of any kind. WHERE LEGAL LIABILITY CANNOT BE EXCLUDED, BUT MAY BE LIMITED, FONEWARE�S LIABILITY AND THAT OF ITS SUPPLIERS AND AUTHORIZED PARTNERS SHALL BE LIMITED TO THE SUM OF TWENTY FIVE DOLLARS (U.S. $25) IN TOTAL. You acknowledge that Foneware has not promised or guaranteed to you that BETA Software will be announced or made available to anyone in the future, nor that Foneware has no express or implied obligation to you to announce or introduce the BETA Software, nor that Foneware will introduce a product similar to or compatible with the BETA Software. Accordingly, you acknowledge that any research or development that you perform regarding the BETA Software or any product associated with the BETA Software is done entirely at your own risk. During the term of this Agreement, you understand that Foneware expects feedback, including commentary from users and information available in installation usage logs of the software. If Foneware receives feedback regarding testing and use of the BETA Software, including but not limited to error or bug reports; you agree to grant Foneware and or Foneware suppliers a perpetual, non-exclusive, royalty-free, worldwide license to use, copy, distribute, make derivative works and incorporate the feedback into any Foneware or Foneware supplier product at Foneware�s and or the applicable Foneware suppliers� sole discretion, respectively. If you have been provided the BETA Software pursuant to a separate written agreement, your use of the BETA Software is also governed by such agreement.
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