IMPORTANT - READ CAREFULLY:
Before installing this software please read the following terms and conditions carefully. This End-User License Agreement ("License Agreement") is a binding agreement between you (either an individual or a company or other legal entity), the end-user, and Speech Processing Solutions GmbH (“SPS”) regarding use of the SpeechExec software and SpeechLive Service, if you have subscribed to this Service. The term software includes computer software ("SOFTWARE") and accompanying documentation and may include "online" or electronic documentation and a License key (all these things together will subsequently be referred to as the "SOFTWARE PRODUCT"). By installing, copying or otherwise using the SOFTWARE PRODUCT you acknowledge the terms of this License Agreement. During the installation process you will be asked to agree with these terms. By clicking on "yes", you agree to be bound by the terms of this License Agreement. If you do not agree with the terms of this License Agreement, click on "no", and the installation process will not continue.
If you are an individual, this License Agreement grants you a non-exclusive and non-transferable right to use the SOFTWARE PRODUCT in the manner described in this License Agreement. If you are an entity, this License Agreement grants you the right to designate one individual within your organisation to have the sole right on a non-exclusive and non-transferable basis to use the SOFTWARE PRODUCT in the manner described in this License Agreement.
(a) Usage Rights
SPS grants you upon payment of the agreed license fee a perpetual right to use the SOFTWARE PRODUCT. The right to use is restricted to the version that you have purchased and does not apply to any other versions, except those subsequent versions that SPS, at its sole discretion, offers to you for free. You may install and use the licensed copy of the SOFTWARE only on a single workstation, such single workstation use and restriction is enabled and enforced by the SOFTWARE, in conjunction with the legally obtained License key entered upon installation of the SOFTWARE. If you have purchased a license for multiple workstations, you may install and use a copy of the SOFTWARE on the licensed number of workstations. “Workstation” means a single computer or a workstation computer within a computer network. The SOFTWARE is in "use" on a workstation when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, CD-ROM or other storage device) of that computer.
(b) Back-up Copy Only Permitted
You may make one copy of the SOFTWARE solely for backup or archival purposes provided that you reproduce all copyright, confidentiality and other proprietary notices that appear on the original copy of the SOFTWARE. You may not copy the printed materials accompanying the SOFTWARE, if any.
(c) Transfer Prohibited
You may not rent out, hire, lease, sell or otherwise transfer the SOFTWARE, nor any copies of the SOFTWARE, or any of the accompanying documentation. You may not disclose, make available, or otherwise redistribute all or any part of the SOFTWARE PRODUCT or any copies thereof to third parties. In addition, you may not use the SOFTWARE or any part thereof, in any form, in a software or other product that is or will be distributed to a third party.
(d) Limitations on Reverse Engineering/ Modifications
Unless enforcement of this provision is prohibited by applicable law, you may not decompile, disassemble, reverse engineer, or create derivative works of the SOFTWARE PRODUCT or of any part of the SOFTWARE PRODUCT. You may not alter or modify the SOFTWARE PRODUCT or any part thereof.
(e) Trial license
SPS offers the opportunity, to download the SOFTWARE PRODUCT from the SPS website for trial purposes. If you have installed the SOFTWARE PRODUCT for trial purposes, your rights to use the SOFTWARE PRODUCT are limited to the 30 day trial period running from your initial installation. After the expiration of the trial period, the SOFTWARE will stop running, but you have the option to convert the trial license into a perpetual license.
(f) Activation of the SOFTWARE PRODUCT
In order to use the full functionality of the SOFTWARE PRODUCT, you have to activate the SOFTWARE PRODUCT. Activation associates the use of the software with a specific workstation computer. During activation, the SOFTWARE will send certain information to SPS. This information includes the license key, certain information derived from the hardware configuration (hash value) as well as such customer data that you voluntarily provide during the installation (name, company, email, industry, country). By using the SOFTWARE PRODUCT, you consent to the transmission of this information to SPS. After the time scheduled for activation expires, the use of the SOFTWARE PRODUCT will be restricted until the SOFTWARE PRODUCT is activated.
Once the SOFTWARE PRODUCT is activated, it can be used on the activated hardware. In case of a hardware change, the SOFTWARE PRODUCT on the new hardware can be activated by the user through the previous revokation process on the old hardware, or through a support request. This is possible until the SOFTWARE PRODUCT reaches its End Of Support. For up-to-date End Of Support information for the SOFTWARE PRODUCT, visit the support section of the website www.dictation.philips.com.
The SOFTWARE PRODUCT is licensed, not sold to you, for use only under the terms of this License Agreement, and SPS reserves all rights not expressly granted to you. SPS and/or its suppliers own the SOFTWARE and all copyright and other intellectual property rights in the SOFTWARE PRODUCT (including but not limited to images, "applets", photographs, animations, video, audio, music and text incorporated into the SOFTWARE PRODUCT) and any copies of the SOFTWARE PRODUCT or any part thereof. Under the terms of this License Agreement you receive only a limited right to use the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as by other intellectual property laws and treaties. You must treat the SOFTWARE PRODUCT accordingly and fully comply with the terms of this License Agreement, unless applicable law gives you more rights despite this limitation.
(b) No Copies
Except as expressly permitted under section 2 "Usage Rights, Use Limitations" above, you may not copy the SOFTWARE PRODUCT or any part thereof.
This License Agreement is effective until terminated. You may terminate this License Agreement at any time by ceasing to use the SOFTWARE PRODUCT and destroying the SOFTWARE PRODUCT and all copies thereof including any documentation.
This License Agreement will terminate immediately without notice from SPS if you fail to comply with any provision of this Agreement. In such event, you must destroy the SOFTWARE PRODUCT and all of its component parts, and delete, remove, or otherwise destroy all copies of the SOFTWARE PRODUCT that are in your possession or control. All provisions of this License Agreement relating to disclaimers of warranties, limitation of liability, remedies or damages, and all of SPS' proprietary rights shall survive termination.
You must comply strictly with applicable export laws and regulations.
Unless mandatory provisions under applicable national law, including the Competition and Consumer Law 2010 (Cth) (“Australian Consumer Law”), provide otherwise, the rules below apply:
SPS warrants for a period of ninety (90) days from delivery or download of the SOFTWARE that the SOFTWARE contains the functions indicated in the program description and the user manual. Apart from that, the SOFTWARE and any related documentation is provided "as is". SPS expressly disclaims all further representations and warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement, with respect to the SOFTWARE and its documentation except to the extent that such disclaimers are held to be legally invalid.
Defects covered by this warranty must be reported within 14 days of the delivery or the download of the software by Internet or, if a defect is recognizable only later, within 14 days of being recognized. Complaints about defects are valid only if they pertain to reproducible defects and are documented in writing. SPS agrees to remedy any such defects within a reasonable period based on the severity of the defect addressed by the complaint. It shall do so either by providing you with a corrected version of the SOFTWARE that is free of defects or by making available to you a solution to circumvent and avoid the effects of the defect. If SPS is unable to remedy the defect in an economically tenable way within a reasonable period, you can demand that SPS take back the SOFTWARE PRODUCT and refund the paid license fees. Further claims are excluded.
If you are a “consumer” under Australian Consumer Law, you may have rights and be entitled to certain guarantees relating to the SOFTWARE PRODUCT. Nothing in this License Agreement is intended to restrict those rights or limit those guarantees.
SPS liability for failure to comply with a guarantee under the Australian Consumer Law is limited to (at SPS’ election):
(a) resupply of the SOFTWARE PRODUCT (or an equivalent product); or
(b) the payment of the cost of replacing the SOFTWARE PRODUCT t or acquiring an equivalent product.
Nothing in these terms limits or excludes SPS’ liability under Australian Consumer Law, except to the extent that SPS is permitted to limit or exclude its liability under Australian Consumer Law.
To the maximum extent permitted by applicable law, in no event shall SPS, its suppliers and/or the owners of the rights in the SOFTWARE PRODUCT be liable for any indirect, incidental, consequential, special, punitive, or other damages whatsoever, in connection with or arising out of the use, misuse or inability to use the SOFTWARE PRODUCT (including, without limitation, damages for loss of business revenue, profits, use, data or other economic advantage), however such damages arise, whether for breach of contract or in tort, even if SPS has been advised of the possibility of such damages. In no event shall SPS’ and its suppliers’ liability to you hereunder, whether in contract, tort (including negligence) or otherwise, exceed the price actually paid by you for the SOFTWARE PRODUCT. The foregoing limitations shall apply even if the above-stated warranty fails in its essential purpose. To the maximum extent permitted by applicable law, SPS excludes any and all liability for breaches of duty arising out of negligence of SPS or agents of SPS.
SPS reserves the right to change this license agreement from time to time. The changes take effect immediately for new license agreements. In existing license agreements, the changes do not take effect for you until you have approved these changes. To this end, SPS provides you with suitable information about the planned changes in a timely manner before they go into force. The information can also be sent by e-mail. You are deemed to have approved the changes if you do not object to them in writing or by e-mail within 4 weeks of having received the information. SPS will inform you of this deadline separately and about the fact that approval of the changes is deemed to be given if no legal objection to them is made.
If any provision of this License Agreement is held to be invalid or unenforceable, the remaining provisions shall be enforced.
This License Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflicts of law provisions and the United Nations Convention of Contracts for the International Sale of Goods.
All disputes arising from or in connection with this Agreement may be referred to the courts in Sydney, Australia or Vienna, Austria, and you consent to such jurisdiction.
There is a dedicated SpeechExec Software available which includes a built in speech recognition functionality provided by Nuance Communications Ireland Limited (“Nuance”) that allows you to have your recorded dictations converted to text form by means of automatic speech recognition. This version requires a dedicated license. You acknowledge and agree that the SpeechExec Software with this incorporated speech recognition functionality may not be used in the healthcare industry. The speech recognition functionality is subject to the following additional terms.
(a) SPS grants to end customer(s) upon payment of the agreed license fee a non-exclusive, non-transferable right and license to use the Nuance Software incorporated into the SpeechExec Software
(b) The end customer(s) acknowledge(s) that SPS and its licensors and/or suppliers retain all right, title and interest in and to the original, and any copies, of software which is incorporated into the SPS Software Product. Without limiting the generality of the foregoing, end customer agrees that it is prohibited from (a) assigning, giving, selling, licensing, transferring, or otherwise granting any rights in, or access to, the Nuance Software in whole or in part, to another individual or entity; (b) modifying, translating, or creating derivative works of the Nuance Software; (c) the removal or modification of any markings or any notice of Nuance’s or its licensors’ proprietary rights; (d) the decompilation, disassembly, or reverse engineering of the Nuance Software, or otherwise attempting to derive, reconstruct, identify or discover any source code, underlying ideas, or algorithms of the Nuance Software by any means; and (e) the release to any third party the results of any benchmark testing of the Nuance Software.
(c) SPS disclaims, to the extent permitted by applicable law, Nuance’s (and its licensors’) liability for (a) any damages, whether direct, indirect, incident, special, consequential or punitive, and (b) any loss of profits, revenue, data or data use, business interruption, cost of cover or delay, or damage to business reputation, arising from or relating to the Nuance Software.
This End User License Agreement can be found in the SOFTWARE at any time under Help > Legal Notice.
The following provisions apply to the SpeechLive Service. Unless stipulated otherwise below, the provisions on the SpeechExec Software shall apply in addition.
SPS grants you upon payment of the agreed license fee a non-exclusive and non-transferable right to use the SpeechLive Service, which is limited to the agreed term of the contract (subscription period).
A user license is required for any single user who uses the SpeechLive Service (Single User License).
In order to use the SpeechLive Service a SpeechLive account is required. In your SpeechLive account you can manage the user rights and add new users, as long as the licensed number of users is not exceeded, and delete users. You can also change your personal data, review invoices and make backup copies of your dictations stored on the SpeechLive online storage. Should your personal data that you provided to us when you created the SpeechLive Account change, you shall promptly update your personal data.
SPS offers the opportunity, to test the SpeechLive Service free of charge. If you have registered for a SpeechLive Account for trial purposes, your rights to use the SpeechLive Service are limited to a single 30 day trial period. After the expiration of the trial period, the SpeechLive Service may no longer be used, but you have the option to license and access the SpeechLive Service on a subscription basis.
(a) You may not make available the SpeechLive Service to third parties for commercial purposes.
(b) You must use the services offered by SPS in compliance with any applicable laws and refrain from each and any misuse of the services. In particular, you may not
i. transmit or store material that may infringe the intellectual property rights or other rights of third parties or that is illegal, tortious, defamatory, libelous, or invasive of another's privacy;
ii. transmit any material that contains software viruses or other harmful computer code, files or programs such as trojan horses or worms;
iii. interfere with or disrupt our sites, servers or networks or take any action that imposes an unreasonably or disproportionately large load on our infrastructure
iv. attempt to gain unauthorized access to computer systems, accounts or data of other users.
(c) You shall be solely responsible for your own user content (in particular dictations) and for all activities occurring under your user name and password of your SpeechLive account, that are due to your conduct, inaction of negligence.
SPS will use commercially reasonable efforts to ensure that availability of the SpeechLive Service will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. The availability of the service depends in particular also on the availability of communication services and networks, which are not within SPS’ area of responsibility. Furthermore, your access to SpeechLive Service may be occasionally suspended or restricted to allow for necessary maintenance services. This provision does not affect your rights under Australian Consumer Law.
If you are a “consumer” under Australian Consumer Law, you may have rights and be entitled to certain guarantees relating to the SpeechLive Service. Nothing in this License Agreement is intended to restrict those rights or limit those guarantees. SPS’ liability for failure to comply with a guarantee under Australian Consumer Law is limited to (at SPS’ election): (a) resupply of the SpeechLive Service (or an equivalent service); or (b) the payment of the cost of having the SpeechLive Service or an equivalent service supplied again.
SPS’ liability for failure to comply with a guarantee under Australian Consumer Law is limited to (at SPS’ election):
(a) resupply of the SpeechLive Service (or an equivalent service); or
(b) the payment of the cost of having the SpeechLive Service or an equivalent service supplied again.
The liability of SPS is subject to Clause A. 7 (“Disclaimer”) above.
The SpeechLive service is licensed on a subscription basis. A subscription runs until it is terminated by you or SPS.
The termination of all or single user licenses can be done at any time via the SpeechLive account online or can be sent in writing to SPS. The termination takes effect at the end of the current billing period. The billing period is product-specific and is indicated on the SpeechLive website and in your SpeechLive account. Upon receipt of your termination you will receive an email confirming the termination and also indicating the effective date of the termination.
After expiration of the subscription, the SpeechLive service can no longer be used. However, you have the option of downloading your dictations that you stored on the SpeechLive online storage if you do so within 30 days after the expiration of your subscription. After that, the dictations are irrevocably deleted by SPS.
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BY CONTINUING WITH THE INSTALLATION OF THE SOFTWARE AND/OR REGISTRATION FOR THE SERVICE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS LICENSE AGREEMENT AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT THIS LCIENSE AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND SPEECH PROCESSING SOLUTIONS GMBH, AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
The current SpeechLive End User License Agreement can be found at www.speechlive.com/au/eula/ at any time.
Last Update: 10.11.2018