IMPORTANT - READ CAREFULLY: This End-User License Agreement (the "Agreement") is a legal contract between you (either an individual or a single entity) and American Printing House for the Blind ("APH") relating to the software product with which this End-User Agreement has been provided (the "Software"). As used in this Agreement, Software shall include computer software and, as applicable, associated media, printed materials, and electronic documentation.
BY CLICKING THE "ACCEPT" BUTTON BELOW OR PRESSING [ALT+A], OR BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.
You are entitled to receive a full refund of amounts paid for the Software within 30 days of your purchase of the Software by requesting a refund in writing, returning the Software (and all related materials) to APH in resalable condition and providing to APH proof of purchase of the Software.
Following acceptance of this Agreement, APH grants you the nonexclusive right to install and use one copy of the Software in accordance with the terms of this Agreement.
You may install the single copy on one hard disk or other storage device for one computer, and you may access and use the Software at that location so long as only one copy of the Software is in operation. If you are an entity rather than an individual, you may authorize employees, students or others served by your organization to use the Software, but only one person at a time may use the Software on one computer at a time. The primary user of the computer on which the Software is installed may make a second copy for backup/emergency recovery purposes for his or her exclusive use on a backup or portable computer, so long as each copy of the Software is used on only one computer at a time.
You may store, install and access this version of the Software through an internal network, if you obtain and pay for a license for the number of users that will access the Software through the network at the same time. In a lab setting, you must purchase a license for the number of computers on which the Software is installed.
You may not rent, lease, sublease, sublicense or lend the Software. You may not copy the CD-ROM media. If an update to the Software becomes available and you obtain it for no additional charge, you may not also use prior version(s) of the Software.
You agree to not modify, reverse engineer, decompile or disassemble the Software or create derivative works from the Software. APH may provide you with support services related to the Software ("Support Services"). Use of Support Services is governed by APH policies and programs, which may change from time to time. Any supplemental software code provided to you as part of the Support Services will be considered part of the Software and subject to the terms and conditions of this Agreement. With respect to technical information you provide to APH [as part of the registration of your license to the Software or] in connection with the Support Services, APH may use such information for its business purposes, including for product support and development.
You may permanently transfer all of your rights (including all updates) under this Agreement, provided that you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, any upgrades,, you notify APH of the transfer and the name and address of the recipient, and the recipient agrees to the terms of this Agreement.
Without prejudice to any other rights, APH may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must, at the option of APH, either return to APH or destroy all copies of the Software and all of its component parts.
This Agreement will be governed by the laws of the Commonwealth of Kentucky.
All title and copyrights in and to the Software (including, without limitation, any images, photographs, animations, video, audio, music or text incorporated into the Software), the accompanying media and printed materials, and any copies of the Software are owned by APH or its licensors. The Software is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material, except that you may copy the software portion of the product onto a computer hard disk for installation purposes provided that it is used as specified, and is subject to, the provisions of this Agreement. All copyright notices must appear on any copy of the Software and may not be altered. You may not replicate any materials that accompany the Software.
Should you decide to transmit to APH by any means or by any media any materials or other information (including, without limitation, ideas, concepts or techniques for new or improved services and products), whether as information, feedback, data, questions, comments, suggestions or the like, you agree such submissions are unrestricted and will be deemed non- confidential and you automatically grant APH and its assigns a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, display and perform the same.
APH warrants, for the benefit of the original end user alone, for a period of 90 days from the date of shipment by APH (referred to as the "Warranty Period") that the media on which the Software is contained is free from defects in material and workmanship. APH further warrants, for your benefit alone, that during the Warranty Period the Software will perform substantially in accordance with the functional specifications of the Software as set forth in the documentation provided with the Software. If, during the Warranty Period, a defect covered by the foregoing warranty appears, you may return the Software, accompanied by the APH invoice provided with the Software, for either replacement, or if elected by APH, refund of amounts paid under this Agreement. You agree that the foregoing constitutes your sole and exclusive remedy for breach by APH of any of the warranties or other agreements made under this Agreement.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE SOFTWARE IS PROVIDED "AS IS" AND APH DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ANY LIABILITY OF APH FOR A DEFECTIVE COPY OF THE SOFTWARE WILL BE LIMITED EXCLUSIVELY TO REPLACEMENT OF YOUR COPY OF THE SOFTWARE WITH ANOTHER COPY OR REFUND OF THE INITIAL LICENSE FEE APH RECEIVED FROM YOU FOR THE DEFECTIVE COPY OF THE PRODUCT. IN NO EVENT WILL APH (OR ITS SUPPLIERS) BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST TIME, EVEN IF APH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long a given warranty may last, so the above limitations may not apply to you.
If you have any questions concerning the Software or this Agreement, you may write:
Attn: Customer Relations
The Redistributable Code is the property of Microsoft Corporation and its suppliers and is protected by copyright law and international treaty provisions. You are authorized to make and use copies of the Redistributable Code either as part of the application in which you received the Redistributable Code, or in conjunction with the application for which its use is intended.Except as expressly provided in the foregoing sentence, you are not authorized to reproduce and distribute the Redistributable Code. Microsoft reserves all rights not expressly granted.You may not reverse engineer, decompile, or disassemble the Redistributable Code, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
THE REDISTRIBUTABLE CODE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME THE ENTIRE RISK AS TO THE ACCURACY AND THE USE OF THE REDISTRIBUTABLE CODE. MICROSOFT SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE REDISTRIBUTABLE CODE, EVEN IF MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Redistributable Code is identified as the following files and all of the files can be found at the following location: Licensing Microsoft Speech Technology