NOTE: CallBurner records audio calls only. For video recording, see VodBurner.
CALLBURNER CALL RECORDER END USER LICENSE AGREEMENT.
USAGE OF THIS PRODUCT MUST BE STRICTLY IN ACCORDANCE WITH THESE LICENSE TERMS:
(Refer to the end of this agreement for a list of abbreviations and other terms.)
This EULA is a legal agreement between You and Netralia Pty Ltd pertaining to Your use of this Product. Please read carefully and ensure that you agree with the terms herein. If You do not agree, do not install the Product, and request a refund if applicable.
The Product is not sold, but licensed to You.
There are two Licenses available:
1. Trial License.
The Trial License allows You to use the Product on a single PC at no charge. This usage is limited to thirty days. You may not extend the thirty days by any means, unless expressly permitted in writing by Netralia Pty Ltd.
2. Full License.
The Full License allows You to use the full Product functionality on a single PC. This License also entitles you to all major and minor upgrades released during the first twelve months after purchase, and to email support, with a guaranteed 24 hour turnaround on support queries, during the first twelve months after purchase.
All rights not expressly described are reserved by Netralia Pty Ltd.
You may install the Product on one PC. The license is not transferable. You may not on-sell the product. You may not reverse engineer the product in any way.
The Product includes copy protection technology. Unauthorized circumvention of this copy protection is prohibited.
The Product allows phone calls and VOIP calls to be recorded. You accept full responsibility for ensuring that Your use of this, or any other facility of the Product complies with the laws applicable in your jurisdiction.
All title and intellectual property rights in and to the Product are owned by Netralia Pty. Ltd. and its suppliers.
Netralia Pty. Ltd. warrants that the Product will perform substantially in accordance with the functionality described on the web site callburner.com at the time of purchase. Should the Product fail to meet these criteria during the first three months after purchase, Netralia Pty. Ltd. will refund your full fee.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Netralia, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Product does not meet Netralia’s Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose.
DISCLAIMER OF WARRANTIES
THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NETRALIA AND ITS SUPPLIERS PROVIDE THE PRODUCT AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NETRALIA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF NETRALIA OR ANY SUPPLIER, AND EVEN IF NETRALIA OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY AND REMEDIES
NOTWITHSTANDING 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 NETRALIA AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY NETRALIA WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT, PRO-RATED ACCORDING TO THE PORTION OF THE LICENSE TERM ELAPSED, 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.
This EULA is the entire agreement between you and Netralia relating to the Product and the support services (if any) and they supercede all other communications, proposals and representations with respect to the Product. To the extent the terms of any Netralia policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.
Abbreviations and other Terms:
“EULA”: End-User License Agreement
“You”: The user (an individual, company, association or any other legal entity)
“Product”: The software known as CallBurner Call Recorder, distributed with this EULA, together with associated products and services provided to You to facilitate your use of CallBurner Call Recorder.