• SOFTWARE LICENSE:
Upon receipt of the purchase price, Seller agrees to grant to Buyer a Software License to use its copyrighted software on 1 computer. The software is protected by United States copyright laws and international treaty provisions; however, Buyer may make copies of the Software for backups and demonstrations. To replace a lost or stolen Software Key which represents the Software License, Buyer must repurchase the software. Seller retains the right to disable the software for non-payment.

• SOFTWARE & MANUAL UPDATES:
After the initial purchase, any minor updates to the Software and Operating Manual are available free of charge if Buyer obtains them from Seller’s Technical Support Web Site; however, a new copy of the Software on a CD is $20 and an Operating Manual is $20. These prices include shipping by US Post Office. Overnight shipping is an additional $10 in the USA. Upgrades to major new versions may have an additional charge depending on the product.

• EXPRESS ONE YEAR LIMITED WARRANTY:
Seller warrants that its software and hardware will be free of any significant defects for one year from purchase date. On occasion, shipping may cause damage to the system. In addition, hardware and software occasionally become defective after working properly. Seller will repair or replace damaged or malfunctioning products at no charge, if within the warranty time limit and if there has been no damage by accident, misuse, or abuse by the Buyer. Buyer must return any defective hardware prior to Seller shipping a replacement or buyer must give a credit card number authorizing a charge until the defective hardware is returned to Seller. This warranty is not valid if a surge protector is not used to protect the telephone lines and the electronic components of the system. Seller cannot be held responsible for any kind of physical damages, including lightning and power surges, to the hardware or software. This warranty and the obligations and liabilities of Seller are in lieu of, and Buyer waives, all other warranties, guarantees, conditions, or liabilities, expressed or implied, arising by law or otherwise, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, and further including without limitation consequential damages, whether or not caused by Seller’s negligence. This warranty shall not be extended, altered, or varied except by a written agreement signed by Seller and Buyer. THERE ARE NO WARRANTIES THAT ARE NOT INCLUDED HERE.

• TELEPHONE TECHNICAL SUPPORT:
The amount of Telephone Technical Support included with the purchase price is indicated on the Prices & Ordering form. Buyer may purchase additional support if needed. If Buyer uses his/her own computer, Buyer’s computer and components must be working properly BEFORE installing our software. Seller’s support includes installation of its software and training how to use its software and hardware. Technical Support does not include teaching the Buyer how to use a computer or how to use other vendors’ software such as Windows, Cool Edit, or databases, nor does it include networking computers. Technical Support can explain to the Buyer how to import and manage Buyer’s telephone number lists and Do Not Call lists, but Technical Support cannot actually edit or modify Buyer’s lists for them. If Buyer does not have basic computer skills, a professional should be hired to contact Technical Support for installation and training. Seller’s office and Telephone Technical Support will accept and return calls Monday through Friday from 8 am to 5 pm, except for holidays. In addition, Buyer may leave VOICE MESSAGES or send FAXES or E-mails with questions and problems, at anytime. (Above times are US Central Time Zone, and are subject to change.) Seller will make every reasonable effort to resolve questions and problems on a timely basis, within the times listed above; however, Seller may not always be able to resolve every problem nor respond to every call immediately. Seller and Buyer each agree to pay for their own long distance calls placed to the other party for any assistance.

• RETURN POLICY:
Hardware (voice boards/computers/headsets/Speedy Dialer) and Software (which uses voice boards or Speedy Dialer):
If any of the above are returned by Buyer and received by Seller within 30 days from the original purchase date, Buyer will receive a full refund of the purchase price, less shipping and 15% restocking charge. To qualify for a refund, the products must be returned to Seller in good condition.
Software using modems: If the Buyer purchases one of Seller’s software products that use a modem (not a voice board or Speedy Dialer), the Buyer will have the opportunity to try the software for free using a modem for 15 days, therefore there is no refund available for the software after the Buyer has paid and received the Software Key Code.
Custom programming and custom voice recordings: No refunds are available.

• ORDERING TELEPHONE SERVICE:
Buyer is responsible for determining the cost of installation and the monthly rates of the necessary telephone service to his or her intended location of operation. Buyer should inquire as to the maximum number of telephone lines available at that location, for anticipated growth.
ANALOG Lines: Standard ANALOG telephone lines (business or residential) are normally used unless Buyer wishes to use T-1 digital lines (24 lines per cable).
T-1 Lines: When ordering T-1 lines from a telephone company, inquire about the following: local vs. long distance availability, if a CSU Power Module will be needed, and if Centrex or call transfer disconnect is available (if needed for Buyer’s application). If Buyer uses T-1 lines and wishes to convert to analog or and if the T-1 lines will be used for inbound calls, a “channelbank” will be required. Before ordering T-1 lines from a telephone company, we highly recommend that Buyer contacts Seller’s Technical Support for assistance.
If Buyer orders T-1 telephone lines, give the telephone company the following provisioning requirements:
Framing & Coding: D4 SF / AMI E & M Immediate, Address Signaling: DTMF, and Jack Type: RJ48X.

• DISCLAIMER:
Buyer is not purchasing a “franchise”, “business opportunity”, or “exclusive territory” from Seller. Buyer understands that computers and telecommunications are complex, and that it may take time, effort, and skill to install, understand, and operate Seller’s products. Buyer should allow ample time to receive, setup, test, and understand his or her system before advertising or going on-line to the public. After the first successful installation of the system, Seller & its technicians cannot be responsible if Buyer later adds other software/hardware that corrupt the system or for computer hardware failures. It is the Buyer’s responsibility to become aware of the cost and availability of telephone & electrical requirements. Buyer is also responsible for any business and miscellaneous expenses necessary to operate these products. Seller will not be liable for these expenses for any reason. Buyer is responsible for making frequent backups of his or her system to protect against any losses of valuable data. Seller cannot be responsible for loss of data for any reason whatsoever. Even though Buyer’s system may be designed to operate 24 hours a day, Buyer should be aware that his or her system will be out of service periodically for backups, maintenance, improvements, or difficulties such as power outages, telephone line problems, hardware/software malfunctions, etc. Seller will not be liable for any lost revenue, lost profits, advertising, or additional expenses due to loss of data, hardware/software problems, or for any other reason. Seller does not make any claims or guarantees that Buyer will bring in any revenue nor operate any profitable services or businesses by using the software or hardware sold by Seller. The suggestions, ideas, and techniques offered by Seller are not guaranteed to bring success. The success of the Buyer will be affected by many factors, including, but not limited to, his or her efforts and competence. Buyer and Seller will each pay the shipping costs of returning any items to each other for repair or replacement. Seller cannot be responsible for delays in shipping caused by the shipper, weather, or strikes.

• DISCLOSURE OF LIABILITY/RESPONSIBILITY:
Buyer assumes all liability & responsibility for operating Seller’s products according to any federal, state, or local laws pertaining to the use of “Automatic Dialing & Announcing Devices, Power Dialing Devices, or Fax Broadcasting Devices” and may not use them in any illegal way. Buyer is aware that limitations may include commercial solicitations and/or delivering pre-recorded telephonic messages to homes & businesses without the prior express consent of the called party. A violation of any such laws may result in significant penalties & other sanctions. Any person intending to use these products for solicitation purposes (direct marketing, telemarketing, etc.) should consult with their own counsel, prior to purchasing or using these products, to determine the extent of permissible solicitation activities. Buyer may be responsible for maintaining a “Do Not Call” list as may be required by any laws. Seller is providing Buyer with tools to assist Buyer in cleaning Buyer’s dialing lists of “Do Not Call” telephone numbers; however, Seller cannot guarantee the integrity of the lists or reliability of the tools to effectively eliminate 100% of the Do Not Call telephone numbers from Seller’s dialing lists. The Seller & Product Developer strive to provide the highest quality software and hardware; however, there are a number of factors that can cause system malfunctions, including but not limited to operator error, software corruption, software bugs, telephone line problems, voice board defects, and computer failures. If the buyer/user is using these products to speak directly to people, the buyer/user should be aware that there may be dropped or abandoned calls if no one is available to speak to the person called. Using only one telephone line per agent is the only way to eliminate dropped or abandoned calls. By using this software and hardware, the buyer/user accepts 100% of the responsibility and liability regarding its use. The buyer/user will hold the Seller & Product Developer completely harmless from any litigation or claims for any reason.