|
SVOX End User License Agreement
You may install the SVOX Corporate SAPI Voices on a single user PC or a
client PC in a network. In a network as well as on terminal servers a license
for each client is required. Installation on a file server including web
servers is inherently not permitted. The only exception is a copy of the
complete Software package on a network drive for the purpose of automatic
distribution ("unattended setup") through an internal network.
In case of a multi user license this agreement is valid for each copy of
the Software.
For some third party materials included in the Software other terms and
conditions may be valid. For information related to third party products
see the about box in RTFC.
Demo Version
If you do not have a valid license key for RTFC, you can use the program
as a 30 day demo version. Thereby we give you the opportunity to try the
program before you buy. You may definitely not use the demo version for
any productive or commercial purposes. If you do not decide to buy the
Software after expiration of the demo period, you are obliged to immediately
uninstall the Software from your computer systems.
License Models
For the RTFC Speech Engine, the RTFC Daisy Generator, the RTFC Personal
Edition and the RTFC Professional Edition only voices for private purposes
are available. The publication of talking books which have been generated
with the voices is prohibited.
With the RTFC Studio Edition you may publish talking books, provided that
the production and distribution will be done free of charge. "Free
of charge" in this case means that you may not even account for distributing
within your own company or organization.
With a maintenance agreement, which you can conclude for the RTFC Studio
Edition, you may publish digital talking books for sale. Thereby you will
be entitled to act as a service provider as well as a dealer for digital
talking books. In addition you will get free software updates for the RTFC
Studio Edition and the SVOX Corporate SAPI voices. Please contact us if
you want to use the voices commercially.
Restriction of Commercial Exploitation
Use of the voices for other commercial purposes than generating digital
talking books is prohibited. In particular you are not permitted to utilize
the voices for automotif or telephony applications as well as for generating
prompts for embedded systems. Please contact us if you are planning to
use the voices in these areas.
§ 1 Object of Agreement
-
This agreement covers the computer programs (hereinafter referred to
as the "Software") including modified versions and updates,
documentation and user manuals as well as all accompanying materials,
be it in print or electronic form.
-
The user is granted the right to use the Software in accordance with
the license models and conditions mentioned above.
-
The Software described in the documentation is "state of the art".
Dipl.-Ing. (FH) W. Hubert (hereinafter referred to as the "Licensor")
wishes to point out, however, that the "state of the art" makes
it impossible to develop Software which works properly in all application
scenarios and under all circumstances.
-
The Licensor only provides the Software for download from the internet.
He/She does not offer services for installation, configuration, customization
and maintenance of the Software on the users computer.
§ 2 Scope of Use
The Licensor grants the user (hereinafter referred to as the "Licensee")
a single, non-exclusive and personal right to install and use the Software
on a single computer and in one place only as detailed below:
-
The Licensee is entitled to download and install the Software, load
it into memory and run it on a single personal computer.
-
In case of a multi user license the Licensee may copy the complete
Software package to a network drive in order to distribute it through
an internal network for use at multiple workplaces. At the same time
the terms of this agreement in the file "License.txt" may not
be removed. Any other use of the Software on a server or in a network
is prohibited.
-
The Licensee is entitled to make a backup copy of the Software.
-
In addition to the copies mentioned in subparagraph 2 and 3 the main
user of a computer on which the Software is installed may install and
use another copy exclusively on a mobile computer or a computer in
his home office, provided that he actually is the only one who uses
the Software.
§ 3 Special Limitations
The Licensee is expressly not permitted to:
-
make copies of the Software (in whole or in part) beyond the conditions
indicated in paragraph 2;
-
separate the components of the Software in order to use it on more
than one computer;
-
modify, translate, disassemble, decompile or apply any method of reverse-enginnering
to the Software;
-
generate works derived from the Software, or to reproduce, translate
or modify the written material or generate works derived therefrom;
-
to pass on, rent or lease the Software to a third party or to use
it in any other form for commercial purposes. This also applies to
copies of the Software;
-
distribute the Software on commercial data media (e. g. sampler-CDs,
shareware-CDs, OEM-versions) without express written permission of
the Licensor;
-
use the Software for hosting services or to install it on a web server
without express written permission of the Licensor;
-
make or transfer copies for teaching, pre-publishing or product samples.
In case of an update you must have a valid license for the previous version
in order to use the updated version. Updates are provided on a license
exchange basis. You acknowledge that you freely refrain from the right
to use the previous version. You confirm that the Licensor is freed from
his obligations to support prior versions as soon as an update is available.
§ 4 Copyright Notice
-
The SOFTWARE PRODUCT is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and
treaties. All rights resulting from these copyright laws are reserved
for the Licensor. The copyright in particular covers the program code,
documentation, appearance, structure and organisation of the program
files, program name, logos and other forms of representation within
the Software.
-
The Licensee is only granted the right to individual, private use of
the Software. This does not imply conferral of any rights to the Software
itself. The Software is licensed, not sold.
-
The licensee obtains a personal license key for activating the software.
He agrees, that his full name, postal code and city are gathered and
stored for creating it. These data may also be disclosed to distributors
or suppliers based on contractual obligations.
-
The Licensor reserves all rights of publication, translation, reproduction,
editing and utilisation of the Software. Any use of the Software beyond
the scope of the present agreement requires express written permission
of the Licensor.
§ 5 Transfer of Rights
You may permanently transfer all of your rights under this agreement to
any individual person or single entity, provided that:
-
you inform the Licensor about the transfer of the license in order
to obtain a personal license key for the new Licensee,
-
you transfer the present agreement and all of the Software, including
all copies, updates and prior versions,
-
you retain no copies including backup copies and other copies and
-
the recipient agrees to the terms of this agreement and other provisions
by which you became the legal user of the Software.
§ 6 Terms of Validity
-
The agreement is concluded for an indefinite period. The Licensee's
right to use the Software shall end automatically without notice in
the event of non-compliance with any of the conditions of this agreement.
At the same time the right to publish works which have been generated
with the Software expires.
-
On termination of the right of use, the Licensee is obliged to uninstall
the Software from his/her computer systems. He/she is also obliged
to destroy all copies of the Software together with all written material
and all copies thereof, including any modified copies.
§ 7 Terms of Warranty
-
The Licensee shall accept the Software 'as is'.
-
This is standard Software, which has been developed and provided for
common purposes, not for a particular purpose of a certain user.
-
The Licensor and his distributors expressly disclaim any warranty of
performance or results you may obtain by using the Software.
-
To the maximum extent permitted by applicable law, the Licensor and
his distributors expressly disclaim any warranty for the SOFTWARE PRODUCT
of any kind, either express or implied, including, but not limited
to, the implied warranties of merchantability or fitness for a particular
purpose.
-
The entire risk arising out of use or performance of the SOFTWARE PRODUCT
remains with the Licensee.
§ 8 Limitation of Liability
-
The Licensor guarantees the fitness of the product for the contractual
purpose, as described in the user manuals. No liability is accepted
in respect of the suitability of the Software for the user's purposes
and its compatibility with the user's existing hardware and Software.
The user is obliged to ensure that the product meets his requirements.
-
Damage claims against the Licensor and his distributors are excluded
irrespective of legal basis, particularly on grounds of delayed performance
or impossibility, neglect of advisory and accessory contractual obligations,
pre-contractual duties, defective performance, violation of third-party
industrial property rights and unlawful acts, unless the Licensor has
acted with intent or gross negligence or unless the damage claims result
from the failure to ensure a warranted quality.
-
For the claim of a breach of regulations the Licensee is obliged to
provide a proof of purchase upon request.
-
Insofar as grounds for liability on the part of the Licensor exist,
the damage claim shall be limited to the extent of the retail price
of the Software. Compensation for consequential damage such as loss
of profit is excluded in all cases. This damage limitation clause shall
not apply if the event giving rise to the damage was caused with intent
or gross negligence by one of its legal representatives or senior employees.
-
All damage claims against the Licensor shall expire by limitation six
months after the receipt of the Software. This does not apply to claims
based on unlawful acts.
§ 9 Damage Minimisation Obligation
-
The Licensee is explicitly reminded that he/she must make backups of
the data on his/her computer at adequate, regular intervals (normally
once a week). Failure to do so shall constitute a breach of the Licensee's
damage minimisation obligation, and the Licensor shall not be liable
for any resultant damage.
-
The Licensee is explicitly reminded that he/she must not use the Software
in hazardous environments in which non fault-tolerant operation is
imperative (e. g. high-risk activities such as the operation of
nuclear power installations, defense systems, air navigation or communication
systems or life-support machines). Failure to observe this condition
shall constitute a breach of the Licensee's damage minimisation
obligation, and the Licensor shall not be liable for any resultant
damage.
§ 10 Contractual Amendments and Protective Clause
-
These conditions of use apply in the currently applicable version as
published at www.rtfc.eu
on the web.
-
These general conditions of use shall still form part of the contract
even if they differ from those of the Licensee, even where not expressly
contradicted by the Licensor.
§ 11 Choice of Law and Jurisdiction
-
All legal relations between the parties, including the law of tort,
shall be subject to the law of the Federal Republic of Germany.
-
The place of jurisdiction shall be Stuttgart in the Federal Republic
of Germany.
-
All matters relating to the validity, interpretation and fulfilment
of the contractual provisions shall be settled at the legal venue of
the Licensor.
§ 12 Final Provisions
-
All supplements to this contract, including this clause, must be made
in writing.
-
Should any provision of this agreement be or become invalid or unenforceable,
this shall not affect the legal validity of the other provisions. In
this case, the invalid or unenforceable provision shall be replaced
where possible by a legitimate provision with an equivalent commercial
intent.
Should you have any questions concerning this agreement please contact:
Dipl.-Ing. (FH) W. Hubert
Aichinger Str. 31
D-71277 Rutesheim
Germany
Created: 2011/02/02 19:00 Updated: 2024/15/04 08:00
Author: Dipl.-Ing. (FH) W. Hubert
Copyright © 2024 All rights reserved.
|