Before using 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 product 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 the right to use the SOFTWARE PRODUCT for a limited period once you have paid the agreed subscription fee. The period of usage can be found in the specifications for this product online at www.philips.com/dictation (license term). This SOFTWARE PRODUCT can be used on the operating systems specified in the included README file. The usage right applies only to the version you have purchased and not to any other version, with the exception of any subsequent versions that SPS offers to you at no cost at its own discretion. You are permitted to install a licensed copy of the SOFTWARE on your computers with the limitation to use the SOFTWARE on a single computer at the same time being enforced through the lawfully purchased product key entered when the SOFTWARE is registered in conjunction with a user profile (email address and password). A user license (single user license) is required for each individual user of the SOFTWARE PRODUCT.
A “computer” may be a standalone computer or a workplace computer within a network. The SOFTWARE is deemed to be in “use” on a computer when it is loaded onto the temporary memory (e.g., RAM) or installed on a permanent storage medium (e.g., hard drive, CD-ROM, and so on) on said 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.
Before you can start to use the SOFTWARE PRODUCT, you must register the product key as a user. Registration is free of charge. When you register, you need to select a unique username and password, and provide a unique, valid, and active email address that can be verified. Duplicate usernames and email addresses are not permitted, so you will be asked to select/enter another username/email address if your first choices are already in use. You can register and activate more than one product key under the same username. You will then receive a confirmation email containing the user information you have registered and an activation link. If, for whatever reason, this information is not sent successfully—for example, if an invalid email address is entered—you will not be able to access the SOFTWARE PRODUCT. In this case, please contact a participating retailer or send an email to firstname.lastname@example.org for further assistance. If there are any changes to the personal data you enter when you register, you will need to update your user information for all SOFTWARE PRODUCTS. You must not reveal your access information (username and password) to third parties and you must ensure that your computer is protected against unauthorized access. You are liable for all activities conducted using your account, username, and/or password if the blame can be attributed to you. If you notice any suspicious or prohibited behavior linked to your account, username, and/or password, you must notify us immediately by sending an email to email@example.com.
You can send an email to firstname.lastname@example.org to request that your registration be canceled at any time unless the data is still required as part of any ongoing contractual relationships. In this case, we will delete any personal data you entered when you registered as soon as we no longer require it.
(f) Trial license
SPS gives you the option of downloading the SOFTWARE from its website so you can test it out. If you have installed the SOFTWARE on a trial basis, you will only have the right to use the SOFTWARE for a trial period of 30 days from when it is first activated. You will no longer be able to use the SOFTWARE once the trial period has ended. You do, however, have the option of paying to upgrade the trial license to a subscription.
(g) Activating the SOFTWARE PRODUCT
You must activate the SOFTWARE PRODUCT before you are able to use all of its features. Once you have activated the SOFTWARE, you will be able to use it for the subscription term you have paid for, starting from when it is first activated. When the SOFTWARE PRODUCT is activated, its use is assigned to a specific user and a specific workplace computer. During the registration process, the SOFTWARE sends certain information to SPS, including the product key, specific information from the hardware configuration (hash value), the user’s email address and associated password, first name, last name, company name, industry, job position, telephone, country and zip/postal code. Registration and activation will not be valid if a retailer’s user details are used. By using the SOFTWARE PRODUCT, you are agreeing to this information being sent to SPS. The SOFTWARE PRODUCT can be activated by clicking on the activation link in the confirmation email sent to the user after registration. Once the time allowed for activation has elapsed, the use of the SOFTWARE PRODUCT will be limited until it has been activated.
Following activation, the SOFTWARE PRODUCT can be used on the activated hardware until the end of the subscription term. The SOFTWARE PRODUCT sends specific information to SPS at regular intervals throughout the subscription term for the purpose of checking that the software license is valid. If this is not possible due to a temporary interruption to the internet connection, there is the option of using the SOFTWARE PRODUCT offline for a limited amount of time.
If the hardware is changed, it is possible for the user to activate the SOFTWARE PRODUCT on the new hardware for the remainder of the subscription term by repeating the activation process using the same email address and password. After that point, the license will no longer be valid on the old hardware. The hardware may be changed up to the end of the subscription term for the SOFTWARE PRODUCT or until product support is no longer provided for it. You can find out more about support for the SOFTWARE PRODUCT ending by heading to the support section on the following 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 valid for the term of the license purchased or up to the point at which it is terminated. It comes into effect when the SOFTWARE PRODUCT is activated. You are entitled to terminate this license agreement at any point by no longer using the SOFTWARE PRODUCT and destroying the SOFTWARE PRODUCT along with all copies and 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.
The SOFTWARE PRODUCT will remind you that the subscription needs to be renewed in good time before the end of the subscription term. Once the subscription term has ended, you can start to use the SOFTWARE PRODUCT again by purchasing then entering and activating a new product key or by switching to a SpeechLive-activated subscription.
It is only possible to switch from a SpeechLive-activated subscription to a product key if you completely uninstall and reinstall the SOFTWARE PRODUCT.
You must comply strictly with applicable export laws and regulations.
Unless mandatory provisions under applicable national law (e.g. consumer protection provisions) 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 subscription fees. Further claims are excluded.
The above limitations and exclusions pertaining to the warranty do not apply to “consumers” under the Austrian Consumer Protection Act. The legal warranty claims under Austrian law apply to them.
SPS will have no obligations under warranty and liability in case a failure results from the end user’s misuse, improper use or unauthorized change in the SOFTWARE or the end user’s failure to implement prior bug fixes to the SOFTWARE provided by SPS. In order to obtain software support from SPS, SPS may request that you update your SOFTWARE to the latest version made available by SPS.
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. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
The above limitations and exclusions of liability do not apply to consumers. For consumers the following provisions apply:
SPS excludes any and all liability for breaches of duty arising out of slight negligence unless they pertain to essential contractual duties, to losses arising from injury to life, body or health or to guarantees or if they affect claims under the Austrian Product Liability Act. If essential duties, whose performance makes possible the proper performance of the contract in the first place and adherence to which you regularly rely upon, are breached out of slight negligence, SPS is liable only for the foreseeable, contractually typical losses. These limitations to liability apply also to the legal representatives and other vicarious agents of SPS. For the rest, SPS bears liability in accordance with legal provisions.
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 product keys are lost, stolen, or activated unintentionally or without authorization, you have no right to have them replaced by Speech Processing Solutions.
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 Austria, without regard to its conflicts of law provisions and the United Nations Convention of Contracts for the International Sale of Goods. If you are a consumer, the laws of the country, where you have your place of residence, might be applicable, as far as mandatory provisions on consumer protection rights are concerned.
All disputes arising from or in connection with this Agreement shall be exclusively referred to the courts in Vienna. For consumers the statutory places of jurisdiction shall apply.
This End User License Agreement can be found in the SOFTWARE at any time under Help > Legal Notice.
The following terms and conditions apply to the SpeechLive Service and the SpeechExec SOFTWARE if it is licensed in the form of a SpeechLive-activated subscription . Unless specified otherwise below, the terms and conditions for the SpeechExec software also apply.
SPS provides an internet-based service with the SpeechLive Service. The SpeechLive Service allows you to upload dictations to online storage provided by SPS and manage them. If you would like to use the SpeechLive Service or the SpeechExec SOFTWARE through a SpeechLive-activated subscription, you need to purchase the relevant licenses. If you would like to use the SpeechLive Service in conjunction with the SpeechExec software, you also need to activate the SpeechLive function on the SpeechExec software. If you would like to use the SpeechLive-activated subscription, you need to activate the SpeechExec Subscription license for the relevant user in the SpeechLive user management area. You need to accept the privacy terms that pop up during the activation process.
SPS grants you a non-exclusive, non-transferable usage right, which applies for the limited term of the agreement (subscription term), once you have paid the agreed subscription fee.
Each individual user of the SpeechLive Service and the SpeechLive-activated subscription requires their own user license for the SpeechLive Service (single user license).
Everyone wishing to use the SpeechLive Service and the SpeechLive-activated subscription requires a SpeechLive account. You can use your SpeechLive account to manage user rights, add new users (provided that the number of licensed users is not exceeded), and delete users. Depending on the respective user rights, you can also edit your personal data, view invoices, and create back-up copies of the dictations you have saved to your SpeechLive storage. If the personal data you entered when creating your SpeechLive account changes, you must update it immediately.
SPS gives you the option of testing out the SpeechLive Service or the SpeechLive-activated subscription free of charge. If you have created a SpeechLive account on a trial basis, you will only have the right to use the SpeechLive Service or SpeechLive-activated subscription for a trial period of 30 days. You will no longer be able to use the SpeechLive Service or SpeechExec SOFTWARE once the trial period has ended. You do, however, have the option of paying for a license for the SpeechLive Service or SpeechExec SOFTWARE on a subscription basis.
If voucher codes for a SpeechLive-activated subscription are lost, stolen, or activated unintentionally or without authorization, you have no right to have them replaced by Speech Processing Solutions.
(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 or 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. If you are a consumer, this provision does not affect your statutory warranty claims.
The liability of SPS is subject to Clause A. 7 (“Disclaimer”) above.
SpeechLive Service and SpeechLive-activated subscriptions work on a subscription basis. Subscriptions are valid indefinitely unless they are terminated by you or SPS. The subscription is paid in advance for the respective billing period, which is automatically extended for a further billing period until termination. You can check the billing period on the SpeechLive website and on your SpeechLive account depending on the product and the way in which you are billed.
You can terminate individual user licenses or SpeechLive-activated SpeechExec subscriptions —or all of them at once—at any time either online via your SpeechLive account or by writing to SPS or the participating retailer depending on how you are billed. The termination will come into effect when the current billing period ends. Once notice of your termination has been received, you will receive a confirmation email stating the termination date depending on the way in which you are billed.
You will no longer be able to use the SpeechLive Service, the SpeechLive-activated subscription, or the SpeechExec SOFTWARE once your subscription has come to an end. You will, however, have 30 days from the point at which your subscription ends to go online and download the dictations you have saved to the SpeechLive storage. After that point, the dictations will be irretrievably deleted by SPS.
BY CONTINUING WITH THE REGISTRATION PROCESS FOR THE SOFTWARE, YOU ARE CONFIRMING THAT YOU HAVE READ AND UNDERSTOOD THIS LICENSE AGREEMENT, AND THAT YOU AGREE TO THE VALIDITY OF THE TERMS AND CONDITIONS STIPULATED HERE.
Last update: 01/10/2020