Vocalizer Expressive for Android - EULA

Vocalizer TTS for Android

LICENSE AGREEMENT

By installing or activating this Code Factory product you accept all the terms and conditions of this license agreement:

1. GRANT.

Code Factory, S.L. (referred to hereafter as “Code Factory”), with its principal place of business at Carrer de la Rutlla 56, local A, 08221 Terrassa, Spain, hereby grants to you a user-centered license to use the Code Factory products (referred to hereafter as “Software”), and accompanying product documentation (referred to hereafter as “Documentation”) on the following terms:

2. PERMISSIONS.

You may:

(i) install, activate and use the Software on supported devices meeting the product’s system requirements.

3. RESTRICTIONS.

You may not:

(i) modify, translate, adapt, reverse engineer, decompile, disassemble, or otherwise reduce the Software to a human perceivable form;

(ii) create derivative works based on the Software or any portion thereof, or the Documentation, or attempt to increase the functionality of the Software in any manner except through scripting or other improvement functionality accessible to the user and supported by Code Factory.

(iii) copy the Software (except for back-up purposes) or the Documentation. Copying includes, but is not limited to, reproduction through any electronic or mechanical means, and distribute copies;

(iv) remove any proprietary notices or labels on or in the Software or Documentation.

4. OWNERSHIP.

Code Factory retains the title, ownership rights, intellectual property rights, and trade secrets in and to the Software and Documentation, including all subsequent copies and updates to the Software and Documentation, regardless of the form or media used.

Similarly, the title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright or other law. This license gives you no rights to such content.

The Software is protected by the copyright laws of Spain and international copyright treaties. In no manner and under no circumstances is this license to be interpreted as a sale of the title, ownership and intellectual property rights in and to the Software and Documentation.

5. LIMITED WARRANTY.

Code Factory warrants that the Software will perform substantially on a supported device, providing that the version of the Software and the operating system and hardware of the device on which it runs do not change. This limited warranty is void if failure of the Software has resulted from user error, accident, abuse, misapplication, and defects in the software and hardware of the device. This is the sole and exclusive warranty which Code Factory makes as to its Software. Some states/countries/jurisdictions do not allow limitations on duration of an implied warranty, so this limitation may not apply to you.

Except as expressly provided in the limited warranty section above, the Software is provided to the end user “as is” without warranty of any kind, express or implied. Without limiting the foregoing, any warranty of non-infringement of third parties’ rights, as well as warranties of merchantability and of fitness for a particular purpose are specifically disclaimed. The entire risk of the quality and performance of the Software is with you.

No Code Factory dealer, reseller, agent, employee, or any other party is authorized to make warranties or conditions on Code Factory’s behalf. You may have other legal rights that vary from state to state or by jurisdiction.

6. DISCLAIMERS.

You accept all risks which may arise from the downloading, installation and use of the Software including, but not limited to, errors in transmission, corruption of existing data or Software in the device, and/or damage to its hardware. Code Factory is not responsible for damage that might be caused by the software of other companies that can be installed and purchased separately.

Under no circumstances will the money paid to purchase licenses be returned, in part or whole. Likewise, under no circumstances will purchased licenses be exchanged for licenses of other Code Factory products, individual and separately licensed add-ons.

The user declares that he/she has read the content of the website www.codefactoryglobal.com and other websites it links to, and therefore, has knowledge of the features of the Software. He also declares that he/she has read the Documentation before using the Software and, consequently, knows how to use the software.

7. LIMITATION OF LIABILITY.

Under no circumstances and under no legal theory, tort, contract, or otherwise, shall Code Factory or its dealers and resellers be liable to you or any other person for any damages including, without limitation, indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, device failure or malfunction, or any and all other commercial damages or losses, even if Code Factory shall have been informed of the possibility of such damages, or for any claim by any other party. Some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you. Code Factory shall not be liable for any damages under this agreement.

8. U.S. GOVERNMENT RESTRICTED RIGHTS.

If the Software is acquired under the terms of a GSA contract, use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract. If the Software is acquired under the terms of a DOD or civilian agency contract, use, duplication or disclosure by the government is subject to the restrictions of this license in accordance with 48 C.F.R. 12.212 of the Federal Acquisition Regulations and its successors and 48 C.F.R. 227.7202-1 of the DOD FAR Supplement and its successors.

9. INTELLECTUAL PROPERTY.

According to the regulations in force referring to royalties, especially the revised text of Ley Española de Propiedad Intelectual approved by Real Decreto Legislativo 1/1996 of 12th April, in Articles 1, 5.2, 8, 95 and further concurrent ones, and as per the international agreements on this matter, especially the Bern Agreement as well as the Geneva Convention and Council Management of European Communities of 14th May 1991 about legal protection of computer programs, Code Factory, S.L. is the sole owner of the intellectual property rights arising from the Software. It is strictly forbidden to modify, duplicate and/or distribute either totally or partially the Software or any of its components without the authorization of Code Factory, S.L. Such a practice will constitute a legal crime and will be severely punished according to Spanish and international law.

Code Factory and its logo are registered trademarks of Code Factory, S.L.

Nuance, Vocalizer and Eloquence are registered trademarks of Nuance Communications, Inc.

11. TERM AND TERMINATION.

This agreement will terminate automatically if you fail to comply with the limitations described above. On termination, you must (i) discontinue your use of the Software, and (ii) permanently erase or destroy all your copies of the Software and Documentation.

12. MISCELLANEOUS.

Each purchased license of the Software will have a corresponding activation key, which must be used under the following conditions:

i. i) The license is personal and non-transferable.

ii. ii) The Software may only be used for personal and non-commercial purposes.

iii. iii) The Software may not be used to record and/or generate audio samples for any commercial, marketing, or promotional purposes. It is expressly forbidden to use the Software to generate audio for non-personal use including but not limited to the following situations:

a. a. Third-party software applications

b. b. Games

c. c. Toys

d. d. Electronic products or devices

e. e. Web pages

f. f. Marketing or promotional activities

g. g. Training

h. h. Services provided to third parties

i. i. Sharing or retransmission to third parties.

This agreement represents the complete agreement concerning this software between the parties and supersedes all prior agreements and representations between them.

In order to amend this agreement, a written amendment executed by both parties is required.

The acceptance of any purchase made by you is expressly made conditional on your assent to the terms set forth herein, and not those contained in your purchase agreement, if any.

If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.