Talking Technology International, Inc. (TTI) does its best
to provide you with the highest quality of products. We also
provide you with Software and Hardware that can be configured
and used in a myriad of ways. It is your responsibility to make
sure you protect the equipment you purchase from us. In addition,
you must make sure that you are using and configuring your equipment
in a way that won't conflict with laws in your particular locale
and in areas that you might be calling into.
Warranties on computers, peripherals
and telephony hardware will NOT be honored unless the ultimate
user of the equipment has the following fully functional protective
Over 99% of all failures of Talking Technology
computers, peripherals and telephony cards are related to power
related anomalies and lightening related near and direct strikes.
After inspection of failed equipment it is easy to determine if
damage to products sold to you from Talking Technology International, Inc. was
caused by surges from your power lines or telephone lines. It
is your responsibility
to protect yourself against this type of potential damage.
Software is inherently complex and may not be error-free. Software
is not warranted and is provided 'as-is'. However, Talking Technology
warrants that the enclosed diskette itself is free from defects
in materials and workmanship under normal use for 90 days from
the date of purchase. PSC will replace a defective diskette
at no charge upon return of the faulty media to PSC with proof
of purchase. This is your sole remedy under this license.
The above warranty is in lieu of all other warranties, expressed
or implied, including the implied warranties of merchantability
and fitness for a particular purpose. Some states do not allow
the exclusion of implied warranties, so this exclusion may not
apply to you.
It is your responsibility to make frequent back-ups of all data
residing on your computer. Loss of data can can happen for many
different reasons, including hardware failures, software issues,
electrostatic discharges and power outages. PSC cannot be responsible
for loss of data from any computer that we sell to you or loss
of data from a computer in which you have installed our products.
To the maximum extent permitted by other applicable law, PSC and
its suppliers disclaim all other warranties, either express or
implied, including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose, with regard
to the Software and/or any accompanying hardware. Because of the
wide variety of computer hardware and software, telecommunication
hardware and providers, interconnects, and variation in telephone
company protocols, PSC does not warrant that its products will
or can function in any particular environment.
Talking Technology International, Inc. will not be liable for direct, indirect,
special, incidental or consequential damages, including re-procurement
costs, loss of profits, sums paid by the buyer to third parties
or loss of data arising out of the use or inability to use Software,
even if PSC has been advised of the possibility of such damages.
In addition, PSC will assume no liability for any telephone charges,
loss of profits, lost data or loss of business whether it be residential
or commercial in nature.
In addition to the above limitations of liability, Talking Technology International, Inc. will not assume any liability for violations of Federal,
State or local laws related to the outbound telemarketing, auto
dialing, automatic announcing or any other method of call processing.
It is the individual user that configures and operates hardware
and software sold by Talking Technology International, Inc.. Ultimately, Talking Technology International, Inc. has no control over the user(s) of its equipment,
and therefore, users of the equipment assume all liabilities,
whether the be federal, state or local in nature.
It is the responsibility of each user of equipment manufactured
and/or distributed by Talking Technology International, Inc. to determine laws
related to how they will utilize equipment in their particular
locale. If you have questions related to the legality of a specific
application you are planning on implementing, we suggest that
you obtain the opinion of a qualified legal professional prior
to putting your application online. In addition, if you have not
yet purchased equipment from Talking Technology International, Inc. and you are
unsure of the legality of an application you are planning on using,
we suggest that you receive the opinion of a professional prior
to making your purchase from Talking Technology International, Inc..
The foregoing limitations of liability shall apply where any
claim is based upon principles of contract, warranty, negligence,
or other tart, breach of statutory duty, principles of indemnity
or contribution, the failure of any limited or exclusive remedy
to achieve its essential purpose not withstanding. In any event,
PSC's liability shall not exceed the purchase price paid for the
product. US Government restricted Rights: The enclosed program
and documentation are provided with restricted and limited rights;
Use, duplication or disclosure by the Government is subject to
restrictions as set forth in FAR Sec. 52.227-20, Alternate III(g)(3),
FAR Sec. 52.227-19 or DFARS Sec. 52.227-7013(c)(i)(ii), as applicable.
Contractor/manufacturer/distributor is Talking Technology International, Inc.,
6558 Lucas Avenue, Suite 301, Oakland, CA 94611.