END-USER LICENSE AGREEMENT

SpeechExec Software and SpeechLive Service

  

IMPORTANT - READ CAREFULLY:

Before installing this software please read the following terms and conditions carefully. This 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 USA, Inc (“SPS”) regarding use of the SpeechExec software and SpeechLive Service, if you have subscribed to this Service. The term “SOFTWARE PRODUCT” includes computer software included in the licensed SOFTWARE PRODUCT ("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").  The term “SERVICE” includes the SpeechLive Service, all as more expressly defined in Section B below, and accompanying documentation and may include “online” or electronic documentation.  By installing, copying or otherwise using the SOFTWARE PRODUCT and/or the SERVICE you acknowledge the terms of this License Agreement. During the installation process for the SOFTWARE PRODUCT and the registration process for the SERVICE 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", you will have no right to install or otherwise use the SOFTWARE PRODUCT and/or access the SERVICE, and the installation or registration process, as applicable, will not continue.

 

A. SpeechExec Software

 1.         Grant of License

 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 organization 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.

 2.         Usage Rights, Use Limitations

 (a)        Usage Rights

 SPS grants you upon payment of the agreed license fee a perpetual right (subject to Sections A. 2 (e) and A. 4. below) 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 only 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 PRODUCT or the SERVICE, if applicable, nor any copies of the SOFTWARE PRODUCT, 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 PRODUCT 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, the SERVICE or of any part of the SOFTWARE PRODUCT or the SERVICE. 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.

 3.         Copyright Limitations

 (a)        Ownership

 The SOFTWARE PRODUCT and the SERVICE, as applicable, are 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 PRODUCT and the SERVICE, as applicable, and all copyright and other intellectual property rights in the SOFTWARE PRODUCT and the SERVICE, as applicable, (including but not limited to images, "applets", photographs, animations, video, audio, music and text incorporated into the SOFTWARE PRODUCT and the SERVICE, as applicable,) and any copies of the SOFTWARE PRODUCT and the SERVICE, as applicable, or any part thereof. Under the terms of this License Agreement you receive only a limited right to use the SOFTWARE PRODUCT and the SERVICE, as applicable,. The SOFTWARE PRODUCT and the SERVICE, as applicable, 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 and your access to, and use of, the SERVICE, as applicable, 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.

 4.         Term

 This License Agreement is effective until terminated. You may terminate this License Agreement at any time by ceasing to use the SOFTWARE PRODUCT and the SERVICE, 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 (a) pay all fees and charges in full when due; or (b) comply with any other 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's proprietary rights shall survive termination.

 5.         Export Restrictions

 You must comply strictly with applicable export laws and regulations.  The licenses and other rights granted hereunder do not apply to would-be licensees who are not permitted to obtain the software under applicable export laws and regulations and are null and void with respect to such restricted persons and entities.

 6.         Limited Warranty

 Except to the extent applicable state laws provide otherwise, the warranty, including terms, conditions, disclaimers, limitations, and restrictions set forth below apply to the SOFTWARE PRODUCT:

 DURING TRIAL LICENSE PERIOD AS SET FORTH IN SECTION A(2)(E), SPS PROVIDES THE SOFTWARE PRODUCT ON AN “AS-IS” BASIS WITHOUT WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND SUBJECT TO ALL OTHER WARRANTY DISCLAIMERS AND LIMITATIONS OF DAMAGES AND REMEDIES AS SET FORTH BELOW.

 If you purchase a full license for the SOFTWARE PRODUCT, then SPS warrants for a period of thirty (30) days from the activation of the SOFTWARE (the “Warranty Period”) that the SOFTWARE contains the functions indicated in the program description and the user manual under normal use conditions according to intended use as described in the program description and the user manual. EXCEPT FOR THE LIMITED, EXPRESSLY WARRANTY PROVIDED IN THE IMMEDIATELY PRECEEDING SENTENCE, THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS". SPS EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, ORAL, WRITTEN, STAUTORY, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF QUALITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, PRIVACY, SECURITY, ACCURACY, UNINTERRUPTED OR ERROR-FREE OPERATION, WITH RESPECT TO THE SOFTWARE PRODUCT AND ITS DOCUMENTATION AND YOU HEREBY WAIVE ANY SUCH ADDITIONAL REPRESENTATIONS AND WARRANTIES, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS AND WAIVER ARE HELD TO BE LEGALLY INVALID.  The disclaimer of warranties and limitations set forth herein constitute an essential part of this Agreement. No use of the SOFTWARE PRODUCT is authorized hereunder except under these disclaimers and limitations. For purposes of Sections A.6. and A.7., “SPS” shall mean SPS, its affiliates, officers, shareholders, contractors, licensors, agents and endorsers.

 Defects covered by this warranty must be reported within the Warranty Period. Complaints about defects are valid only if they pertain to reproducible defects and are documented in writing. Any warranty claims that do not meet the requirements set forth herein are null and void.  SPS agrees to use commercially reasonable efforts to remedy any defects reported in compliance with the requirements set forth herein 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 material 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 material defect using commercially reasonable efforts within a reasonable period, you can cease using both the SOFTWARE PRODUCT and the SERVICE, and then demand that SPS take back the SOFTWARE PRODUCT and refund the paid license fees, if any.  Further claims are excluded.  THE FOREGOING REMEDIES REPRESENT SPS’S SOLE AND EXCLUSIVE OBLIGATIONS AND LIABILITIES UNDER WARRANTY and your sole and exclusive remedy and claim and you waive all other claims, liabilities or damages for breach of warranty hereunder.

 FOR CONSUMERS - IF YOU DO NOT ACCEPT THIS WARRANTY, DO NOT USE THE SOFTWARE PRODUCT AND CONTACT SPS FOR A REFUND OF FEES PAID FOR THE SOFTWARE PRODUCT.  This warranty gives you specific legal rights.  You may also have other rights which vary from state to state.  IF, NOTWITHSTANDING THE LIMITATIONS AND DISCLAIMERS SET FORTH HEREIN, YOUR STATE’S LAW GIVES YOU ANY IMPLIED WARRANTY, INCLUDING AN IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ITS DURATION IS LIMITED TO THE WARRANTY PERIOD.  Some states or provinces do not allow limitations on how long an implied warranty lasts so this limitation may not apply to you.

 7.         Disclaimer and Limitations of Liability

 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, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES,  OR OTHER ECONOMIC ADVANTAGE), HOWEVER SUCH DAMAGES ARISE, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE 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.  NO ACTION REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS UNDER THIS AGREEMENT MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. 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.  

8.         Changes to the contract

 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 or start using new versions of the SOFTWARE PRODUCT that are licensed under revised license terms. 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.

 9.         Severability

 If any provision of this License Agreement is held to be invalid or unenforceable, the remaining provisions shall be enforced.

 10.       Applicable Law, place of Jurisdiction

 This License Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, United States of America, without regard to its conflicts of law provisions and the United Nations Convention of Contracts for the International Sale of Goods.

 The parties agree and acknowledge that any action or proceeding arising out of or relating to this Agreement or the subject matter hereof shall be brought in the State or Superior Courts of Fulton County, Georgia or in the United States District Court for the Northern District of Georgia and each party hereby irrevocably submits to the jurisdiction of those courts.

11. Additional Terms for Speech Recognition Software incorporated into SpeechExec Software

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.  

B. SpeechLive Service

 The provisions of this entire License Agreement apply to the SpeechLive Service. Your use of the SpeechLive Service is absolutely conditioned upon the terms and conditions set forth below in addition to all non-conflicting, applicable terms set forth above.  Where there is a conflict between the terms set forth in Section A above and the terms specific to the SERVICE as set forth below, the terms set forth below shall apply, govern and control with respect to your use of the SERVICE.

 1.                  Scope of License

SPS offers access to the SpeechLive Service, an internet-based service, on a time-limited, subscription basis. With the SpeechLive Service you have the option to upload dictations to an online storage provided by SPS and to manage your dictations for so long as you are an active subscriber to the SpeechLive Service and up to date with all payments due for such service. If you would like to use the SpeechLive service, you have to purchase a license. If you would like to use the SpeechLive service in combination with the SpeechExec Software, you must further activate the SpeechLive functionality in the SpeechExec Software. During activation you must accept the displayed privacy policy.

 2.                  Usage rights

 SPS grants you upon payment of the agreed license fee a non-exclusive and non-transferable right to use the SERVICE which is limited to the agreed term of the contract (subscription period).

 A user license for the SpeechLive Service required for any single user who uses the SpeechLive Service (Single User License).

 Other than rights to access and use the SpeechLive Service as expressly set forth above, no other rights or licenses in or to the SpeechLive Service are granted hereunder or otherwise implied. 

 3.                  SpeechLive Account

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 have to promptly update your personal data.

 4.                  Trial license

 SPS offers the opportunity, to test the SpeechLive Service free of charge for the purpose of a single, non-renewable trial. 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.

 5.                  Terms of Use, prohibition of abuse

 (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.

 (d)              In order to prevent any unauthorized use, you are responsible for maintaining the confidentiality of your SpeechLive account details (user name, password) and to immediately contact us by email to live.support(at)speech.com in case of any suspicion of abuse. SPS reserves the right to block your SpeechLive account without prior notification, in case you breach these terms of use or in case there is a reasonable suspicion of abuse.

 6.                  Availability of the SpeechLive Service

 SPS will use all 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.

 7.                  Disclaimer of Warranties, Liabilities and Damages

 Except to the extent applicable state laws provide otherwise, the warranty disclaimer, limitations, and restrictions set forth below apply to the SpeechLive Service:

 USE OF THE SERVICE IS ON AN “AS-IS” BASIS WITHOUT WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND.  SPS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, ORAL, WRITTEN, STAUTORY, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF QUALITY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, PRIVACY, SECURITY, ACCURACY, UNINTERRUPTED OR ERROR-FREE OPERATION, WITH RESPECT TO THE SERVICE AND ITS DOCUMENTATION AND YOU HEREBY WAIVE ALL SUCH REPRESENTATIONS AND WARRANTIES, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS AND WAIVER ARE HELD TO BE LEGALLY INVALID.  The disclaimer of warranties and limitations set forth herein constitute an essential part of this Agreement. No use of the SERVICE is authorized hereunder except under these disclaimers and limitations. For purposes of Section B.7., “SPS” shall mean SPS, its affiliates, officers, shareholders, contractors, licensors, agents and endorsers.

 FOR CONSUMERS - IF YOU DO NOT ACCEPT THE SERVICE UNDER THE DISCLAIMERS AND EXCLUSIONS SET FORTH IMMEDIATELY ABOVE, DO NOT USE THE SERVICE AND CONTACT SPS FOR A REFUND OF FEES PAID FOR THE SERVICE, IF ANY. You may also have rights with respect to the SERVICE which vary from state to state.  IF, NOTWITHSTANDING THE LIMITATIONS AND DISCLAIMERS SET FORTH HEREIN, YOUR STATE’S LAW GIVES YOU ANY IMPLIED WARRANTY, INCLUDING AN IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ITS DURATION IS LIMITED TO A WARRANTY PERIOD OF THIRTY (30) DAYS.  Some states or provinces do not allow limitations on how long an implied warranty lasts so this limitation may not apply to you.

 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPS, ITS SUPPLIERS AND/OR THE OWNERS OF THE RIGHTS IN THE SERVICE 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 SERVICE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS REVENUE, PROFITS, USE, DATA, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES,  OR OTHER ECONOMIC ADVANTAGE), HOWEVER SUCH DAMAGES ARISE, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR IN TORT, EVEN IF SPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SPS’S AND ITS SUPPLIERS’ LIABILITY TO YOU HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE PRICE ACTUALLY PAID BY YOU FOR THE SERVICE, IF APPLICABLE.  NO ACTION REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS UNDER THIS AGREEMENT MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. 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.

 8.                  Term

 The SpeechLive service is licensed on a time-limited, subscription basis. A subscription runs for an unspecified period until it is terminated by you or SPS.

 Your license to the SpeechLive Service will be automatically terminated in the event you do not pay fees and charges when due hereunder.  SPS also reserves the right, at its sole discretion, to suspend or terminate your access to the SpeechLive Service in the event SPS determines that you are in breach of the terms and conditions set forth in this Agreement.

 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 3 months at most and is indicated on the 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.

 7.         Changes; Modifications

Notwithstanding anything to the contrary herein, SPS reserves the right to alter or modify the SpeechLive Services upon notice to subscribers, including without limitation adjustments or modifications to the user interface, modifying the mix of services and functionality, and/or changes in the tools, technology and/or third-party vendors used to deliver the SERVICES, and to make all such modifications and changes generally available to all SPS subscribers; provided, however such changes may not adversely affect the performance or overall functionality of the SERVICES.  

*   *   *   *   * 

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/us/eula/ at any time.  

Last Update: 10.11.2018

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End-User License Agreement valid until 10.11.2018