Talking Technology International,
Inc. Hardware & Software
License Agreement, Warranty Policies & Limitations of Liability
The Talking Technology International, Inc. License
Agreement (TTILA) is a legal agreement between you and Talking
Technology International, Inc. for TTI Software,
firmware and hardware products that you purchase from TTI or
an authorized TTI agent. These products include computer hardware,
peripheral hardware, telephony hardware, software, firmware,
associated media and printed materials, and may include 'online'
or electronic documentation. By installing, copying and otherwise
using these products, you agree to be bound by the terms of
In addition, TTI software and firmware is protected by
copyright laws, international copyright treaties, and other intellectual
property laws and treaties. All materials and software are copyright
1994-2007 by Talking Technology International, Inc.. All rights reserved.
Software. You may install and use one copy of the
Software, or in its place, any prior version for the same operating
system on a single computer. The primary user of the computer
on which the Software is installed may make a second copy for
his or her exclusive use on a second computer - though you must
obtain a dedicated license for each separate TTI hardware card
on which the Software is installed. A license for the Software
may not be used or shared concurrently on different computers.
In the case of PowerVoice Software, a specially encoded programmed
device may be installed on each TTI hardware card on which the
Software is used.
Rights and Limitations
You may not reverse engineer, de-compile, or disassemble the Software,
except and only to the extent that such activities are expressly
permitted by applicable law notwithstanding this limitation.
You may permanently transfer all of your rights under this TTILA,
provided you retain no copies, you transfer all of the Software,
the media and printed materials, any upgrades, the TTILA, and
the recipient agrees to the terms of the TTILA.
TTI may terminate this TTILA if you fail to comply with the terms
and conditions of this TTILA. In such event, you must destroy
all copies of the Software.
All title and copyrights in and to the Software (included but
not limited to any images, photographs, animations, video, audio,
music, text incorporated in the Software), the accompanying printed
materials, and any copies of the Software are owned by TTI. The
Software is protected by copyright laws and international treaty
provisions. Therefore, you must treat the Software like any other
copyrighted material except that you may either make one copy
of the Software solely for backup or archival purposes or install
the Software on a single computer provided you keep the original
solely for backup or archival purposes. You may not copy the printed
materials accompanying the Software product without express written
consent duly signed by an officer of TTI.
You may not loan, rent or otherwise transfer Software to others
or take any action inconsistent with TTI's ownership of
Software, nor reproduce or modify Software. Any violation of these
provisions will automatically revoke this license and subject
you to legal liability.
New computer peripheral hardware distributed (not manufactured)
by TTI is warranted for one year on parts and labor. TTI warrants
the computer products it distributes to be free
from defects in materials and workmanship for a period of one
year on parts and labor from the date of purchase.
New telephony hardware manufactured by TTI is warranted
for three years on parts and labor. New telephony hardware distributed by TTI is warranted
for one year on parts and labor unless otherwise stated on your invoice.
During the above periods TTI will repair or replace, at its option,
any defective products or parts at no additional charge, provided
that product is returned, shipping prepaid, to TTI with a valid
RMA (return material authorization) number - with
the following exception!
Warranties on computers, peripherals and telephony hardware will
NOT be honored unless the ultimate user of the equipment has the
following fully functional protective devices installed:
Telephone Line Surge Protectors are available from
TTI. More information is available at the link listed directly below:
Over 99% of all failures of TTI 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.
Additionally, TTI will be responsible for labor charges on New telephony
cards it manufactures (not damaged by power surges
or lightening strikes) for a period of three years from the date
of purchase. Labor charges after this period are set at a flat
rate of $425
for telephony cards - if they are repairable. Generally,
products damaged by lightening are unrepairable.
All used telephony cards and products are warranted for 30 days.
Repair charges on all product not manufactured by TTI will be charged at the manufacturere's then prevailing rates.
Software is inherently complex and may not be error-free. Software
is not warranted and is provided 'as-is'. However, TTI
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. TTI will replace a defective diskette at
no charge upon return of the faulty media to TTI 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.
To the maximum extent permitted by other applicable law, TTI 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, TTI 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 TTI has been advised of the possibility of such damages.
In addition, TTI will assume no liability for any telephone charges,
loss of profits, 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 or 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 users
of its equipment, and therefore, users of the equipment assume
all liabilities, whether they 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 the 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,
TTI'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.
The terms PowerVoice, BigmOuth and Powerline are trademarks of
Talking Technology International, Inc..
TTI's manuals may be reproduced in ANY form without the
written consent of Talking Technology International, Inc..
Performance of BigmOuth, Goldmine and PowerVoice software, and
Powerline I and PowerVoice 4 hardware is in part due to the nature,
quality and configuration of the personal computer into which
they are installed, the telephony systems with which they are
integrated and the functionality of various telephone service
providers. For the above reasons, ultimate responsibility for
the proper functioning of a specific telephony application rests
solely with the owner of the computer system and telephony equipment.
Notice to Users
Powerline I and PowerVoice 4 telephony cards generate and use
radio frequency energy. If not used and installed properly in
strict accordance with the manufacturer's instructions, they may
cause interference to radio and television reception. Powerline
I and PowerVoice 4 cards have been tested and found to comply
with the limits for a class B computing device with the specifications
in Subpart J of Part 15 of FCC rules, which are designed to provide
reasonable protection against such interference in a residential
There is, however, no guarantee that interference will not occur
in a particular installation. If this equipment does cause interference
to radio or television reception which can be determined by turning
the equipment ON or OFF to correct the interference with one or
more of the following measures:
1. Adjust the receiving antenna of the radio or television set
2. Relocate the computer with respect to the radio or television
(separate the two pieces of equipment)
3. Plug the computer into a different outlet so that it is on
a different branch circuit from the TV or radio.
If necessary, consult a dealer or an experienced radio or television
technician for additional suggestions. The booklet How to Identify
and Resolve Radio?TV Interference Problems may also be helpful.
This booklet is available from the US Government Printing Office,
Washington, DC, 20402 (stock #004000003454; D.O.C. approval pending).
(D.O.C. numbers and other international approvals available from