dragon

DRAGON ASSISTANT SOFTWARE
SOFTWARE END USER LICENSE AGREEMENT – Last updated on August 5, 2013

THIS IS A LEGAL AGREEMENT BETWEEN YOU (THE INDIVIDUAL OR THE ENTITY USING THE DRAGON ASSISTANT SOFTWARE AND ANY UPDATES AND UPGRADES THERETO (HEREINAFTER "SOFTWARE") AND NUANCE COMMUNICATIONS INC., ("NUANCE"). PLEASE READ THE FOLLOWING TERMS CAREFULLY.

YOU MUST AGREE TO THE TERMS OF THIS SOFTWARE END USER LICENSE AGREEMENT (“AGREEMENT”) IN ORDER TO INSTALL AND USE THE SOFTWARE. BY CLICKING ON THE “ACCEPT” BUTTON, YOU AGREE TO BE BOUND TO THE TERMS OF THIS AGREEMENT. YOU MAY NOT USE THE SOFTWARE IN ANY WAY UNLESS YOU HAVE ACCEPTED THESE TERMS AND CONDITIONS.

The following general terms and conditions govern your use of the Software and permit you to install and use the Software and the documentation incorporated into the Software.

1.  LICENSE.  Nuance grants you (the "Licensee"), a personal, non-exclusive, non-transferable, non-sublicensable, revocable limited license, in object code form only, to install and use the Software on a single Device.  A “Device” means the Intel-based computing environment which has been configured to use the Software or on which the Software has been pre-loaded by the Device manufacturer.

You acknowledge: (i) the Software presents content and/or web-services of third parties; (ii) Nuance cannot guarantee that queries you submit via the Software will not result in displaying content or links to content that you may find objectionable, offensive, or otherwise inappropriate; (iii) the availability or response, or lack thereof, from such third parties' content and/or web-services shall not be deemed an error with the Software; (iv) use of such third parties’ content and/or web-service may be subject to additional terms and conditions by such third parties; (v) such third parties may restrict or otherwise stop use of its content and/or web-service at its sole discretion; and (vi) Nuance and such third parties shall not be responsible, or held liable, for your use of such content and/or web-services, or the availability of such third party content or web-services.

2.  LICENSEE OBLIGATIONS.
2.1.  RESTRICTIONS.  You may not (except as permitted by law):
(a) use the Software other than for your own personal use; (b) copy, reproduce, distribute, or in any other manner duplicate the Software, in whole or in part; (c) sell, lease, license, sublicense, distribute, assign, transfer or otherwise grant any rights over the Software, in whole or in part; (d) modify, port, translate, or create derivative works of the Software; (e) decompile, disassemble, reverse engineer or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas, or algorithms, of the Software by any means; (f) remove any proprietary notices, labels or marks from the Software; or (g) use the Software for purposes of comparison with or benchmarking against products or services made available by third parties.

3.  PROPRIETARY RIGHTS. 
3.1. SOFTWARE. Nuance and its licensors own all rights over, titles to, and interest in the Software including, but not limited to, all patents, copyright, trade secrets, trademarks and other intellectual property rights associated therewith, and all title to such rights shall remain solely in the hands of Nuance and/or its licensors. Unauthorized copying of the Software, or failure to comply with the above restrictions, will result in automatic termination of this Agreement and all licenses granted hereunder, and Nuance shall have all legal and equitable remedies available under applicable law.

3.2. Consent to Use Of Usage Data
The Software has a feature by which you may enable Nuance to collect Usage Data (as defined below). By turning on the feature to provide Nuance with Usage Data, you acknowledge, consent and agree that Nuance may collect and use the Usage Data as provided hereunder. The parties agree that Usage Data shall only be used by Nuance or third parties acting under the direction of Nuance, pursuant to confidentiality agreements, to tune, enhance and improve the speech recognition and other components of the Software, and other Nuance services and products.  Nuance will not use the information elements in any Usage Data for any purpose except as set forth above. “Usage Data” means the recordings of what you dictate, data about how you use the Software, data about how the Software performs, and in some cases your email address, if you have provided it.

4.  SUPPORT.  For support for Software, you may use may use the Help screen in the Software.   You may also contact the Device manufacturer if the Device Manufacturer offers support for Software.   Alternatively, Nuance offers support at www.nuance.com/support at then-current policies and prices.

5. DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT NUANCE IS PROVIDING THE SOFTWARE TO YOU SOLELY TO PERMIT YOU TO USE THE SOFTWARE. CONSEQUENTLY, YOU AGREE TO TAKE ALL THE PRECAUTIONS AND SAFEGUARDS NECESSARY TO PROTECT YOUR DATA AND SYSTEMS FROM LOSS OR DAMAGE. NUANCE PROVIDES THE SOFTWARE “AS IS,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NUANCE SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

6.  LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NUANCE, ITS OFFICERS, DIRECTORS, AND EMPLOYEES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, BUSINESS INTERRUPTION, OR COST OF COVER, ARISING FROM THE USE THE SOFTWARE, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OR WHERE IT SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

7.  TERM; TERMINATION.  This Agreement begins on Your acceptance of the terms and conditions of this Agreement and expires upon termination. This Agreement shall terminate automatically upon the breach of any of its terms and conditions by you.  Upon termination, you shall immediately stop use of and shall delete all copies of the Software. 

8.  EXPORT COMPLIANCE.  You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

9.  TRADEMARKS.   Third-party trademarks, trade names, product names and logos (the “Trademarks”) contained in or used by Swype Connect or the Software are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall inure to the benefit of the trademark owner.   The use of such Trademarks is intended to denote interoperability and does not constitute: (i) an affiliation by Nuance with any such company, or (ii) an endorsement or approval by any such company of Nuance and its products or services.

10.    GOVERNING LAW.  This agreement shall be governed by the laws of the Commonwealth of Massachusetts, United States of America, without regard to its conflicts of laws principles, and you hereby submit to the exclusive jurisdiction of the federal and state courts in said Commonwealth in connection with any dispute arising out of this Agreement.  The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

11.  GENERAL LEGAL TERMS. You may not assign or otherwise transfer any rights or obligations under this Agreement without Nuance’s prior written consent. This Agreement is the entire agreement between Nuance and you and supersedes any other communications or advertising with respect to the Software.  If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised solely to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect.  The failure of Nuance to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of any such right or provision. Sections 2, 3, 5, 6, 7, 10, and 11 of this Agreement shall survive the expiration or termination of this Agreement.