Terms of Service

DRAGON SERVICE END USER LICENSE AGREEMENT

THIS IS A LEGAL AGREEMENT BETWEEN YOU (THE INDIVIDUAL OR THE ENTITY USING THE DRAGON SOFTWARE AND SERVICE) AND NUANCE COMMUNICATIONS INC., (“NUANCE”). PLEASE READ THE FOLLOWING TERMS CAREFULLY.

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

Dragon Service is a client/server application that permits users of mobile devices to control certain operations of such devices via spoken commands, including, but not limited to, the ability to search results, dictate and send text messages, dialing contacts, and posting status to social networking services, This is done by transcribing your voice queries, interpreting the intent of the query, and executing your request.

The following general terms and conditions govern your use of the Dragon service (the “Service”) and permit you to download, install and use the client software (“Software”) and accompanying documentation provided by Nuance to access the Service.

1.  LICENSE GRANT.  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 to access the Service only in the United States and for languages in the Software and Service as made available by Nuance.  A “Device” is an authorized Android Smartphone with Android OS version 2.3 or later.  You acknowledge and agree that the Software and Service will use your wireless network to send and receive data, and that your mobile operator may bill you the airtime, data and/or usage fees.

You acknowledge:  (i) the Service presents content and/or web-services of third parties; (ii) Nuance cannot guarantee that queries you submit via the Service 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 Service; (iv) use of such third parties’ content and/or web-service may be subject to additional terms and conditions required by such third parties; (v) such third parties may restrict or otherwise stop use of its content and/or web-service in its sole discretion; and (vi) Nuance and such third parties shall not be responsible, and shall have no liability, 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) submit any automated or recorded queries to the Service unless otherwise approved in writing by Nuance; (b) use the Service other than for your own personal use; (c) access the Service with software or means other than the Software; (d) copy, reproduce, distribute, or in any other manner duplicate the Software, in whole or in part; (e) sell, lease, license, sublicense, distribute, assign, transfer or otherwise grant any rights in the Software, in whole or in part; (f) modify, port, translate, or create derivative works of the Software; (g) decompile, disassemble, reverse engineer or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas, or algorithms, of the Software or Service by any means; (h) remove any proprietary notices, labels or marks from the Software; or (i) use the Service for purposes of comparison with or benchmarking against products or services made available by third parties.

3.  PROPRIETARY RIGHTS.

3.1.  SOFTWARE AND SERVICE. Nuance and its licensors own all right, title, and interest in the Software and Service including, but not limited to, all patent, copyright, trade secret, trademark and other intellectual property rights associated therewith, and all title to such rights shall remain solely in Nuance and/or its licensors. Unauthorized copying of the Software or Service, or failure to comply with the above restrictions, will result in automatic termination of this Agreement and all licenses granted hereunder, and will make available to Nuance all legal and equitable remedies for breach thereof.

3.2.  THIRD PARTY SOFTWARE.  The Software and Service contain a copy of the Speex codec in executable form. You acknowledge that use of the Speex codec is subject to the conditions and disclaimers listed in revised BSD license found at http://www.xiph.org/licenses/bsd/speex/.  © 2002-2003, Jean-Marc Valin/Xiph.Org Foundation.

3.3.  SPEECH DATA AND DATA.

(a)  As part of the Service, Nuance collects and uses Speech Data, as defined below, to tune, enhance and improve the speech recognition and other components of the Service, and other Nuance services and products.  In accepting the terms and conditions of this Agreement, you acknowledge, consent and agree that Nuance may collect the Speech Data as part of the Service and that such information 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 Service, and other Nuance services and products. Nuance will not use the information elements in any Speech Data for any purpose except as set forth above.  “Speech Data” means the audio files, associated transcriptions and log files provided by you hereunder or generated in connection with the Service.  Any and all Speech Data that you provide will remain confidential and may be disclosed by Nuance, if so required, to meet legal or regulatory requirements, such as under a court order or to a government institution if required or authorised by law, or in the event of a sale, merger or acquisition to another entity by Nuance.

(b) You acknowledge, consent and agree that Nuance may collect Device Usage Data, as defined below, as part of the Service. Device Usage Data is used to help Nuance provide enhanced service to you. Data is considered non-personal information, as Data is in a form that does not permit direct association with any specific individual.  “Data” means information, other than Speech Data, collected by Nuance pertaining to your use of the Device with the Service.

(c)  You understand that through your use of the Service you consent to the collection and use as set forth herein of Speech Data and Data, including the transfer of both to the United States and/or other countries for storage, processing and use by Nuance and third party partners.

(d) Speech Data and Device Usage Data are subject to Nuance’s applicable privacy policy.  For further information see the Nuance privacy policy at http://www.nuance.com/company/company-overview/company-policies/privacy-policies/index.htm.

4.  SUPPORT.  To facilitate the process of evaluating and testing the Service and Software, Licensee may refer to Nuance frequently asked questions at: http://www.nuancemobilelife.com.  For additional support, Licensee may request such support via the foregoing website, and upon Nuance personnel availability, Nuance may provide reasonable support services through fax, email or other means to Licensee with regards to defect and/or clarification of functions and features of the Software and Service.  Nuance Support will reply to your questions within 48 business hours (excluding legal and company holidays).

5. DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT NUANCE IS PROVIDING THE SOFTWARE AND SERVICE TO YOU SOLELY TO PERMIT YOU TO TEST AND EVALUATE AND USE OF THE SOFTWARE AND SERVICE. CONSEQUENTLY, YOU AGREE TO TAKE ALL PRECAUTIONS AND SAFEGUARDS NECESSARY TO PROTECT YOUR DATA AND SYSTEMS FROM LOSS OR DAMAGE. NUANCE PROVIDES THE SOFTWARE AND SERVICE “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 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 OF THE SOFTWARE OR SERVICE, 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. Nuance may terminate this Agreement, and the license granted hereunder, at any time in its sole discretion, with or without cause, by notifying you that the Service has expired or has been terminated.  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 the Software or Service 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 such company, or (ii) an endorsement or approval of 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.  This Agreement shall not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

11. TERMS SUBJECT TO CHANGE. You acknowledge and agree that Nuance may change the terms and conditions of this Agreement from time to time upon reasonable notice to the address you provided upon signup, including to your email address.  If you do not agree to such changes in this Agreement, your only remedy is to cease using the Software and Service.  Your continued use of any part of the Software or Service after Nuance has provided you with reasonable notice of such change for your review will be considered your acceptance of such change.

12.  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 such right or provision. Sections 2, 3, 5, 6, 7, 10, 11 and 12 of this Agreement shall survive the expiration or termination of this Agreement.