84 lines
8.5 KiB
Plaintext
84 lines
8.5 KiB
Plaintext
Nuance Communications, Inc.
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SOFTWARE LICENSE AGREEMENT
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==========================
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Please read carefully before using this software.
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THIS AGREEMENT STATES THE TERMS AND CONDITIONS UPON WHICH NUANCE COMMUNICATIONS, INC. ("NUANCE") OFFERS TO LICENSE THE SOFTWARE INCLUDED IN THIS DEVELOPER KIT (THE "KIT") TO YOU. BY ACCEPTING THE CSDK FILE SET, INCLUDING THIS LICENSE FILE, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE PROMPTLY RETURN THE KIT TO WHERE YOU OBTAINED IT FOR A REFUND. THIS AGREEMENT SHOULD BE READ IN CONJUNCTION WITH THE SECTION IN THE ACCOMPANYING DOCUMENTATION ("THE DOCUMENTATION") ENTITLED "LICENSING THE PRODUCT."
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1. License.
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===========
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The Kit includes a set of software components (such as source files, binary libraries and data files) designed for integrating Nuance image processing and recognition technology (such image processing and recognition technology, "the Nuance Technology") into an application that you develop (the "Developed Application").
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This license allows you to:
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(a) use one copy of the Kit and the Documentation internally to integrate one copy of the Nuance Technology into the Developed Application.
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(b) use, internally, one copy of the Nuance Technology as and only if integrated in the Developed Application.
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In order to (i) sublicense, sell, rent, lease, transfer or distribute the Developed Application containing the Nuance Technology, or (ii) use more than one copy of the Nuance Technology as part of the Developed Application you will need to purchase additional licenses from Nuance.
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(c) make one copy of the Kit and/or the Nuance Technology in machine-readable form solely for backup purposes, provided that your backup is not installed on any computer.
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No patent rights are granted under this Agreement.
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2. Restrictions.
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================
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In addition, you may not:
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(a) SUBLICENSE, MARKET, SELL, RENT, LEASE, TRANSFER OR DISTRIBUTE THE KIT OR THE DOCUMENTATION UNDER ANY CIRCUMSTANCES;
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(b) SUBLICENSE, SELL, RENT, LEASE, TRANSFER OR DISTRIBUTE THE NUANCE TECHNOLOGY ON A STAND-ALONE BASIS UNDER ANY CIRCUMSTANCES;
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(c) electronically transfer the Kit and/or the Documentation from one computer to another over a network;
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(d) decompile, reverse engineer, disassemble or otherwise reduce the code of the Kit and/or the Nuance Technology to a human readable form. Unauthorized copying of the Kit, the Nuance Technology, or the Documentation, including portions thereof, is expressly forbidden. You understand that Nuance may update or revise the Kit, the Nuance Technology or the Documentation and in so doing incurs no obligation to furnish such updates to you. Developed Applications containing the Nuance Technology must prominently display the following Nuance copyright notice sometime during execution ("Nuance™ OCR software © Nuance Communications, Inc. All rights reserved");
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(e) use the Kit to produce applications that may be shared through the world wide web in an Application Service Provider (ASP) model without the express written authorization of Nuance; or
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(f) incorporate any Restricted Software in any Developed Application containing the Nuance Technology. As used herein, "Restricted Software" means any software that is licensed under terms that could or might require, by virtue of the incorporation or inclusion of such software in the Developed Application, that any portion of the Kit or the Nuance Technology be made available in source code or human readable form.
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3. Termination.
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===============
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This Agreement is effective until terminated. Except for Sections 2, 3, 4, 6, 7, and 8, this Agreement shall terminate automatically upon your breach of your obligations under this Agreement. Upon such termination, you agree that you will destroy the Kit, including the Nuance Technology and Documentation, and all copies. This remedy shall be in addition to any other remedies available to Nuance.
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4. Export Control.
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==================
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You will not use the Kit, the Nuance Technology, and/or Documentation in any way or act in any way in connection with the Kit, the Nuance Technology, and/or Documentation that violates any laws or regulations of the United States or foreign governments relating to exports and/or export controls.
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5. Government End Users.
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========================
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This Section applies to all acquisitions of the Kit and/or the Nuance Technology by or for the Federal government or by any prime contractor or subcontractor (at any tier) under any contract, grant, cooperative agreement, or other activity with the Federal government. By accepting delivery of the Kit and/or the Nuance Technology, the government hereby agrees that this software qualifies as "commercial" computer software within the meaning of the acquisition regulation(s) applicable to the procurement. The terms and conditions of this Agreement shall pertain to the government's use and disclosure of the Kit and/or the Nuance Technology. If this Agreement fails to meet the government's needs or is inconsistent in any respect with Federal law, the government agrees to return the Kit and the Nuance Technology, unused, to Nuance. The following additional statement applies only to acquisitions governed by DFARS Subpart 227.4 (October 1988): "Restricted Rights-Use, duplication, and disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (Oct. 1988)." In the event any of the above referenced agency regulations is amended or replaced, the equivalent successor regulation shall apply instead.
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6. WARRANTY DISCLAIMER.
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=======================
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THE KIT, THE NUANCE TECHNOLOGY, AND THE DOCUMENTATION ARE PROVIDED "AS IS." NUANCE DOES NOT WARRANT THAT THE OPERATION OF THE KIT OR THE NUANCE TECHNOLOGY WILL MEET YOUR REQUIREMENTS OR OPERATE FREE FROM ERROR. NUANCE DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NUANCE, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
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7. LIMITATION OF LIABILITY.
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===========================
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NUANCE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOST BUSINESS PROFITS, LOSS OF INFORMATION, BUSINESS INTERRUPTION, OR THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE KIT OR THE NUANCE TECHNOLOGY EVEN IF NUANCE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NUANCE'S LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED THE LICENSE FEE FOR THE KIT.
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8. Copyright/Ownership.
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=======================
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The Kit, Nuance Technology and Documentation are the proprietary products of Nuance, all of which are protected by copyright and other intellectual property laws. You acquire only the right to use the Kit, Nuance Technology and Documentation and do not acquire any rights, express or implied, in the Kit, Nuance Technology or Documentation other than those specified in this Agreement. Nuance or its licensors shall at all times retain all right, title, interest, including intellectual property rights, in the Kit, Nuance Technology and Documentation.
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9. General.
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===========
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This Agreement shall be governed and interpreted in accordance with the laws of the Commonwealth of Massachusetts, USA, without giving effect to its conflict of laws principles. This Agreement shall not be governed by the United Nations Convention for the International Sales of Goods, the application of which is expressly excluded. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior agreements or understandings (oral or written) regarding such subject matter unless the parties have entered into and signed an OEM License Agreement covering the same Kit, Nuance Technology and Documentation as is covered by this Agreement, in which event the OEM License Agreement will control if it conflicts with this Agreement.
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Copyright (c) 2008 Nuance Communications, Inc. All rights reserved.
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License Agreement Revised April 4, 2008
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