Terms of Service
SPEECH ADVANTAGE, LLCSOFTWARE LICENSE AGREEMENT
IMPORTANT: READ CAREFULLY. THIS LICENSE AGREEMENT REPRESENTS A LEGAL AGREEMENT BETWEEN YOU AS THE USER, AND SPEECH ADVANTAGE, LLC IN REGARD TO USAGE OF THE ACCENT FREEDOM SOFTWARE PRODUCT INCLUDING ANY ASSOCIATED AUDIOS, VIDEOS, OR PRINTED MATERIALS AS WELL AS ANY SOFTWARE UPDATES TO THE ORIGINAL SOFTWARE PRODUCT. READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY TO UNDERSTAND ALL OF THE CONDITIONS AND RESTRICTIONS DESCRIBED IN THIS AGREEMENT BEFORE OPENING THE SOFTWARE PRODUCT. CLICKING ON THE “I AGREE” BUTTON IS A SYMBOL OF YOUR SIGNATURE THAT YOU ACCEPT THE TERMS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS IN THIS AGREEMENT, YOU SHOULD NOT CLICK THE “I AGREE” BUTTON AND CONTACT SPEECH ADVANTAGE, LLC FOR A REFUND NOT TO EXCEED THE AMOUNT PAID FOR THE SOFTWARE PRODUCT. THE SOFTWARE PRODUCT WILL NOT SET UP ON YOUR COMPUTER OR OTHERWISE BE USABLE UNLESS OR UNTIL YOU ACCEPT THIS AGREEMENT BY CLICKING ON THE “I AGREE” BUTTON. IF YOU ARE USING THIS PRODUCT AS A GUEST, BY SIMPLY LOGGING IN YOU ARE AGREEING TO THE TERMS OF USE EVEN IF NOT DIRECTED TO CLICK THE “I AGREE” BUTTON. THIS SOFTWARE PRODUCT IS PROTECTED BY UNITED STATES COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. THIS SOFTWARE PRODUCT IS LICENSED, NOT SOLD.
1. GRANT OF LICENSE. SPEECH ADVANTAGE, LLC GRANTS YOU A LIMITED, NONEXCLUSIVE NONTRANSFERABLE LICENSE TO USE THE SOFTWARE PRODUCT AS FOLLOWS:
YOU MAY ACCESS AND USE THE SOFTWARE PRODUCT THROUGH THE INTERNET USING ANY COMPUTER WITH SECURE ACCESS TO THE INTERNET. YOU AGREE THAT YOU WILL NOT LOAN, ASSIGN, SUBLEASE, TRANSFER, PLEDGE, LEASE, RENT, OR SHARE YOUR RIGHTS UNDER THIS LICENSE AGREEMENT.
ALL RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED BY SPEECH ADVANTAGE, LLC.
IT IS ILLEGAL TO MAKE UNAUTHORIZED COPIES OF THE SOFTWARE PRODUCT OR TO CIRCUMVENT ANY COPY PROTECTION TECHNOLOGY INCLUDED IN THE SOFTWARE PRODUCT. UNDER NO CIRCUMSTANCES SHALL YOU ENGINEER, DECOMPILE, OR DISASSEMBLE THE SOFTWARE PRODUCT.
THIS AGREEMENT DOES NOT GRANT YOU ANY RIGHTS IN CONNECTION WITH ANY TRADEMARKS OR SERVICE MARKS OF SPEECH ADVANTAGE, LLC OR ACCENT FREEDOM.
2. LICENSE FEE. THE LICENSE FEES PAID BY YOU ARE PAID IN CONSIDERATION OF THE LICENSES GRANTED UNDER THIS LICENSE AGREEMENT. UPON RECEIPT OF THE APPLICABLE LICENSE FEES, SPEECH ADVANTAGE, LLC WILL PROVIDE YOU WITH ALL NECESSARY LOG IN INFORMATION TO ENABLE YOU TO ACCESS AND USE THE ACCENT FREEDOM SOFTWARE.
3. TERM. THIS LICENSE AGREEMENT IS EFFECTIVE FOR THE TERM OF ONE YEAR FROM THE DATE THAT YOU SUCCESFULLY PAID YOUR FEE TO USE THE SOFTWARE PRODUCT. SPEECH ADVANTAGE, LLC MAY TERMINATE THIS LICENSE AGREEMENT AT ANY TIME IF YOU FAIL TO COMPLY WITH THE TERMS OF THIS AGREEMENT.
4. RESPONSIBILITIES. YOU SHALL BE SOLELY RESPONSIBLE FOR THE FOLLOWING: (A) PROCURING ALL COMPUTER HARDWARE, PERIPHERALS, DEVICE DRIVERS, THIRD PARTY OPERATING SYSTEMS, AND OTHER PRODUCTS AND SERVICES WHICH MAY BE REQUIRED TO USE THE SOFTWARE PRODUCT; (B) THE COMPATIBILITY OF THE COMPUTER HARDWARE, PERIPHERALS, DEVICE DRIVERS, THIRD PARTY OPERATING SYSTEMS, AND OTHER THIRD PARTY SOFTWARE WITH THIS SOFTWARE PRODUCT; (C) THE MAINTENANCE AND SUPPORT OF YOUR HARDWARE, PERIPHERALS, THIRD PARTY OPERATING SYSTEMS, THIRD PARTY SOFTWARE AND INTERNET SERVICE; (D) THE RESULTS OBTAINED FROM USE AND OPERATION OF THE SOFTWARE PRODUCT; (E) PROVIDING CABLING AND ALL CABLING SERVICES IN PREPARATION FOR YOUR USE OF THE SOFTWARE PRODUCT; (F) PROVIDING AND MAINTAINING THE APPROPRIATE OPERATING ENVIRONMENT FOR YOUR HARDWARE AND PERIPHERALS; AND (G) ALL DATA ENTRY AND LOADING INCLUDING WITHOUT LIMITATION, UPLOADING OF YOUR DATA FOR USE WITH THE SOFTWARE PRODUCT.
YOU WARRANT THAT NONE OF YOUR DATA WILL (A) INFRINGE ANY PATENTS, COPYRIGHTS, TRADEMARKS, SERVICE MARKS, OR OTHER INTELLECTUAL PROPERTY RIGHTS, OR MISAPPROPRIATE THE TRADE SECRETS, OF ANY THIRD PARTY; (B) VIOLATE ANY RIGHTS OF PUBLICITY OR PRIVACY OF ANY THIRD PARTY; (C) VIOLATE ANY LAW, STATUTE, ORDINANCE, OR REGULATION (INCUDING WITHOUT LIMITATION, THE LAWS AND REGULATIONS GOVERNING EXPORT CONTROL, UNFAIR COMPETITION, ANTIDISCRIMINATION AND FALSE ADVERTISING); (D) BE DEFAMATORY, TRADE LIBELOUS, THREATENING, HARASSING OR ILLEGAL; (E) BE OBSCENE, PORNOGRAPHIC OR INDECENT; (F) AT THE TIME OF DELIVERY TO SPEECH ADVANTAGE, LLC CONTAIN ANY VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, CANCELBOTS, OR OTHER COMPUTER PROGRAMMING ROUTINES THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE THE SOFTWARE PRODUCT OR ANY SYSTEM, DATA OR PERSONAL INFORMATION; OR (G) CONTAIN ANY INSTRUCTIONS RELATING TO TERRORIST OR OTHER UNLAWFUL ATTACKS ON PEOPLE OR PROPERTY. YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS SPEECH ADVANTAGE, LLC, ITS EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES, AND AGENTS, FROM AND AGAINST ANY LOSS, EXPENSE OR LIABILITY (INCLUDING REASONABLE ATTORNEY’S FEES) INCURRED BY SPEECH ADVANTAGE, LLC AND ITS AFFILIATES OR THEIR RESPECITVE EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES, AND AGENTS, BASED ON, IN WHOLE OR IN PART (A) YOUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (B) ANY ACTION (OR PORTION THEREOF) BROUGHT AGAINST SPEECH ADVANTAGE, LLC BASED ON A CLAIM THAT YOUR DATA INFRINGES A PATENT OR COPYRIGHT OR MISAPPROPRIATES THE PROPRIETARY TRADE SECRET OF ANY THIRD PARTY, OR VIOLATES THE PRIVACY OR PUBLICITY RIGHTS OF ANY THIRD PARTY; OR (C) YOUR INFRINGEMENT OF SPEECH ADVANTAGE, LLC’S INTELLECTUAL PROPERTY RIGHTS UNDER THIS AGREEMENT.
5. COPYRIGHT. ALL TITLE AND COPYRIGHTS IN AND TO THE SOFTWARE PRODUCT (INCLUDING BUT NOT LIMITED TO ANY IMAGES, PHOTOGRAPHS, ANIMATIONS, VIDEOS, AUDIO, MUSIC, AND TEXT INCORPORATED INTO THE SOFTWARE PRODUCT), AND ANY ACCOMPANYING PRINTED MATERIALS ARE OWNED BY SPEECH ADVANTAGE, LLC. ALL TITLE AND INTELLECTUAL PROPERTY RIGHTS IN AND TO THE CONTENT WHICH MAY BE ACCESSED THROUGH USE OF THE SOFTWARE PRODUCT IS THE PROPERTY OF SPEECH ADVANTAGE, LLC AND MAY BE PROTECTED BY APPLICABLE UNITED STATES COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. THIS AGREEMENT GRANTS YOU NO RIGHTS TO USE SUCH CONTENT OUTSIDE OF THE REALMS OF THIS AGREEMENT.
6. LIMITED WARRANTY. SPEECH ADVANTAGE, LLC WARRANTS THAT THE SOFTWARE PRODUCT WILL PERFORM SUBSTANTIALLY FOR A PERIOD OF ONE YEAR FROM THE DATE OF PAYMENT FOR THE SOFTWARE PRODUCT, PROVIDED YOU OPERATE THE SOFTWARE PRODUCT IN COMPLIANCE OF ALL RESPONSIBILITIES LISTED ABOVE. SPEECH ADVANTAGE, LLC AND ITS SUPPLIERS’ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, AT SPEECH ADVANTAGE, LLC’S OPTION, EITHER (A) PRORATED RETURN OF THE PRICE PAID (DEPENDING UPON THE LENGTH OF TIME YOU HAVE HAD ACCESS TO THE SOFTWARE PRODUCT), MINUS $300 IF A PERSONAL SPEECH ANALYSIS HAS BEEN COMPLETED, MINUS UP TO 10% (OF THE ORIGINAL PRICE PAID) PROCESSING FEE, OR (B) EXTEND THE MEMBERSHIP PERIOD OF THE SOFTWARE PRODUCT FOR A SPECIFIED PERIOD OF TIME TO BE DETERMINED BY SPEECH ADVANTAGE, LLC. THE ABOVE LIMITED WARRANTY IS VOID IF FAILURE OF THE SOFTWARE PRODUCT HAS RESULTED FROM ACCIDENT, ABUSE, OR MISAPPLICATION.
7. PRIVACY. BASIC PERSONAL INFORMATION SUCH AS NAME, E-MAIL ADDRESS, POSTAL ADDRESS, PHONE NUMBER, COUNTRY OF ORIGIN, NATIVE LANGUAGE, EMPLOYER (IF EMPLOYER IS FINANCING YOUR USE OF THIS SOFTWARE), ETC., WILL BE COLLECTED FOR EACH SOFTWARE USER. THE PERSONAL INFORMATION PROVIDED WILL BE USED TO: PERSONALIZE YOUR EXPERIENCE USING THE SOFTWARE; CORRESPOND WITH YOU WHILE YOU ARE USING SPEECH ADVANTAGE’S PRODUCTS; SEND YOU IMPORTANT INFORMATION REGARDING CHANGES OR UPGRADES TO THE SOFTWARE; NOTIFY YOU OF CHANGES TO TERMS, CONDITIONS, OR POLICIES; AND, SEND YOU MARKETING COMMUNICATIONS THAT WE BELIEVE MAY BE OF INTEREST TO YOU. SPEECH ADVANTAGE, LLC GUARANTEES THAT THIS INFORMATION WILL NEVER BE SOLD TO ANY OUTSIDE PARTY.
8. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPEECH ADVANTAGE, LLC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF SPEECH ADVANTAGE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SPEECH ADVANTAGE, LLC’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT.
9. GOVERNING LAW. THIS LICENSE AGREEMENT SHALL BE CONSTRUED AND GOVERNED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NORTH CAROLINA, USA.
10. SEVERABILITY. SHOULD ANY TERM OF THIS LICENSE AGREMENT BE DECLARED VOID OR UNENFORCEABLE BY ANY COURT OF COMPETENT JURISDICTION, SUCH DECLARATION SHALL HAVE NO EFFECT ON THE REMAINING TERMS HEREOF.
11. TERMS AND PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
REVISED 5/17