|
To use the TypeWell software (either during the transcribing course for learning, or for transcribing) you must agree to be bound by the terms of this license agreement.
Back to the
Qualifications page.
|
|
If you accept, Catalina Solutions LLC, a California LLC ("Catalina"), grants you a nonexclusive license to use the TypeWell or LinkWell software ("TypeWell"), subject to the following terms and conditions:
TypeWell is licensed, not sold. The fee you pay does not entitle you to own TypeWell, but entitles you to use TypeWell only as long as you satisfy the conditions in this agreement. Catalina may terminate all of your TypeWell licenses if it finds any violations of these terms for any of your TypeWell licenses.
Your use of TypeWell must be in conjunction with a license key that you properly get from Catalina. You agree not to use TypeWell on any computer other than the one for which this license key applies. You may transfer your license to a different computer once every six months. In no event may you have one TypeWell license installed on more than one computer at the same time.
You agree to prevent anyone from using TypeWell other than those who: 1) are directed by Catalina to use TypeWell as part of a TypeWell transcribing course; or 2) graduated from a Catalina-sanctioned TypeWell transcribing or refresher course in the last two years; or 3) graduated from such course more than two years ago and since then have used TypeWell continuously, with no hiatus of longer than 6 months.
To the maximum extent permitted by applicable law, you may not modify, translate, reverse engineer, decompile, or disassemble TypeWell, or create derivative works based on TypeWell. You may make copies of TypeWell for backup purposes, as long as all such copies, along with the original, are kept in your possession or control. Catalina retains all title, ownership and intellectual property rights in TypeWell. TypeWell is protected by United States and international copyright laws and treaties.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CATALINA PROVIDES TYPEWELL TO YOU AS IS AND WITH ALL FAULTS; AND CATALINA HEREBY DISCLAIMS WITH RESPECT TO TYPEWELL ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF OR RELATED TO: TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, RESULTS, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF TYPEWELL REMAINS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CATALINA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE TYPEWELL, EVEN IF CATALINA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOT WITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF CATALINA UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE TYPEWELL LICENSE OR U.S.$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
If you fail to comply with the terms of this license, this license will terminate automatically and immediately.
This license represents the complete agreement concerning TypeWell between you and Catalina, and can only be amended with a signed agreement between you. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement is governed by California law.
The following license applies to the audio libraries:
Copyright 2005 Xiph.Org Foundation
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 foundation 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.
|
