ACAPELA GROUP SOFTWARE LICENSE AGREEMENT

WARNING : BY USING THE SOFTWARE,
YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS
LICENSE WHICH DESCRIBES THE SCOPE OF AUTHORIZED
USAGES.

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE,
PROMPTLY RETURN THE UNUSED SOFTWARE TO THE PLACE
WHERE YOU OBTAINED IT AND YOUR MONEY WILL BE
REFUNDED.

1.    License granted and scope of use.
The application, demonstration and other software
accompanying this License, whether on disk, in
read-only memory, or on any other media
(the “ACAPELA GROUP Software”) and the related documentation
are licensed to you by Acapela Group,(thereafter “ACAPELA GROUP”).
You own, rent or use free-of-charges the medium on
which the ACAPELA GROUP Software is recorded,but ACAPELA GROUP and/or
ACAPELA GROUP’s Licensor(s) retain title to the ACAPELA GROUP Software
and related documentation.

This License allows you to Use the ACAPELA GROUP Software on a
single hardware support and only make one copy of the
ACAPELA GROUP Software in machine-readable form for backup
purposes only.
You must reproduce on such a copy the ACAPELA GROUP copyright
notice and any other proprietary legends that were
on the original copy of the ACAPELA GROUP Software.
You may also transfer all your license rights in the
ACAPELA GROUP Software, the backup copy of the ACAPELA GROUP Software,
the related documentation, and a copy of this License
to another party, provided the other party reads and
agrees to accept the terms and conditions of this
License.

IMPORTANT :
The term “Use” ,used above, does not include the right
to replicate sound files resulting from the ACAPELA GROUP Software
for the purpose of reselling or re-distributing on a
media (e.g. CD ROM, Disk) or via downloads; nor to
broadcast or do public performance.
Such specific uses are subject to a separate licensing
agreement.

2. Restrictions.
The ACAPELA GROUP Software contains copyrighted material,
trade secrets, and other proprietary material.
In order to protect them, and except as permitted
by applicable legislation, you may not decompile,
reverse engineer, disassemble, or otherwise reduce
the ACAPELA GROUP Software to a human-perceivable form ;
copy, modify, network, rent, lease,loan, or distribute
the ACAPELA GROUP Software ; or create derivative works based
upon the ACAPELA GROUP Software in whole or in part other
than as expressly permitted by applicable legislation.
You may not electronically transmit the ACAPELA GROUP Software
form one computer to another or over a network.

3. Termination.
This License is effective until terminated. You may
terminate this License at any time by destroying
the ACAPELA GROUP Software and related documentation, and all
copies thereof.
This License will terminate immediately without notice
from ACAPELA GROUP if you fail to comply with any provision of
this License. Upon termination you must destroy the
ACAPELA GROUP Software, related documentations and all copies
thereof. upon termination you shall remain subject to
the provisions, restrictions, and exclusions in this
License Agreement and shall have no right to any
refund of any amounts paid for the ACAPELA GROUP Software.
No termination shall release you from liability for
any breach of this License Agreement.

4. Export Law Assurances.
You agree and certify that neither the ACAPELA GROUP Software
nor any other technical data received from ACAPELA GROUP, nor
the direct product thereof, will be shipped, transferred,
or exported, directly or indirectly, to any country in
violation of any applicable law.

5. Warranty.
WARNING : Reproducing human voice is a complex
process. State of the Art does not permit the reproduction
of a perfect natural sounding voice. Perception of voice
quality is totally subjective and does not affect
ACAPELA GROUP’s warranty.

Definitions :
IMPROVEMENTS : shall mean  Correction of any linguistic
defect. These defects may seem minor to the end-user,
but are in fact very complex and may be impossible to
correct within the current state of the art. It is not
therefore possible for ACAPELA GROUP to promise any
systematic corrections. He undertakes to note all
desirable improvements and to produce new versions
improving where possible any linguistic defects which
have been established.
EXCEPTION DICTIONARY : shall mean a user accessible
list defining pronunciation exceptions.
BUGS : shall mean all serious defects preventing the
normal utilization of the computer engine, for instance,
using a specific word which will cause the engine to fail.
Correction of a bug leads to updating the ACAPELA GROUP Software.

ACAPELA GROUP represents and warrants that to the best of its
knowledge it has the right to grant the license rights set
forth above.
ACAPELA GROUP shall make its best efforts to correct any
BUGS revealed by you to ACAPELA GROUP in a reasonable
time, provided the BUGS appears within a six (6) month period
following delivery of ACAPELA GROUP Software to you and
provided that a you can provide a detailed description of the BUGS and
the list of operation causing the BUGS to appear.
Except as expressly set forth above, ACAPELA GROUP makes no representations,
extends no warranties of any kind, either express or implied including IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, and assumes no responsibility whatever with
respect to the use by you of  the ACAPELA GROUP Software.

6. Limited Warranty on Media.
ACAPELA GROUP warrants the diskettes and/or cd-rom on which
the ACAPELA GROUP Software is recorded to be free from defects
in materials and workmanship under normal use for a
period of ninety (90) days from the date of purchase
as evidenced by a copy of the receipt. During the
applicable warranty period, ACAPELA GROUP will repair (or at
is option replace) free of charge such diskettes and/or
cd-rom that prove defective provided they are returned
properly packaged to an Authorised ACAPELA GROUP Service Center
in any country of the European Community, the European
Free Trade Association, Africa, the Middle East, North
and South America, all transportation charges prepaid,
together with your name, address, and telephone number,
a description of the problem, and proof of date of
purchase.
All diskettes and/or cd-rom replaced under warranty
become the property of ACAPELA GROUP. ACAPELA GROUP will not have any
responsibility to replace a diskette and/or a cd-rom
damaged by accident, abuse, or misapplication.

7. Disclaimer of Warranty on ACAPELA GROUP Software.
You expressly acknowledge and agree that use of the ACAPELA GROUP
Software is at your sole risk.
EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5. ABOVE ACAPELA GROUP EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. ACAPELA GROUP DOES NOT
WARRANT FUNCTIONS CONTAINED IN THE ACAPELA GROUP SOFTWARE WILL
MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE ACAPELA GROUP
SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE
DEFECTS IN THE ACAPELA GROUP SOFTWARE WILL BE CORRECTED.
FURTHERMORE, ACAPELA GROUP DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
USE OF THE ACAPELA GROUP SOFTWARE OR RELATED DOCUMENTATIONS IN
TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN
BY ACAPELA GROUP OR AN ACAPELA GROUP-AUTHORISED REPRESENTATIVE SHALL CREATE
A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS
WARRANTY. SHOULD THE ACAPELA GROUP SOFTWARE PROVE DEFECTIVE,
YOU (AND NOT ACAPELA GROUP OR AN ACAPELA GROUP-AUTHORISED REPRESENTATIVE)
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR,
OR CORRECTION.

8. Limitation of Liability.
Acapela Group’s aggregate liability in respect of any single
event or series of events whether as a result of
negligence, breach of contract, misrepresentation, or
otherwise shall in no circumstances exceed the cost of
the defective, damaged, or undelivered product
determined by the net invoiced price.
Save as expressly provided to the contrary, all
conditions, warranties, and representations expressed
or implied by statute, law or otherwise in relation
to any ACAPELA GROUP Product are hereby excluded, and ACAPELA GROUP shall
be under no liability for any loss, damage or injury,
direct or indirect, resulting from defective material,
faulty workmanship, or otherwise howsoever.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ACAPELA GROUP
BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE
ACAPELA GROUP SOFTWARE OR RELATED DOCUMENTATION, EVEN IF ACAPELA GROUP OR
AN ACAPELA GROUP-AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
In no event shall ACAPELA GROUP’s
total liability to you for all damages, losses, and causes
of action (whether in contract, tort -including negligence-,
or otherwise) exceed the amount paid by you for the ACAPELA GROUP
Software.

9. Controlling Law and Severability.
This License shall be governed by and construed in
accordance with the laws of France. If for any reason a
court of competent jurisdiction finds any provision of this
License, or portion thereof, to be unenforceable, that
provision of the License shall be enforced to the maximum
extent permissible so as to effect the intent of the parties,
and the remainder of this License shall continue in full
force and effect.

10. Acknowledgement.
You acknowledge that you have read this License Agreement
and Limited Warranty, understand them, and agree to be bound
by their terms and conditions. You also agree that the
License Agreement and Limited Warranty are the complete and
exclusive statement of agreement between the parties and
supersede all proposals or prior agreements, oral or written,
and any other communications between the parties relating to
the subject matter of the License Agreement or the Limited
Warranty. No amendment to or modification of this License
will be binding unless in writing and signed by a duly
authorized representative of ACAPELA GROUP.