End-User License Agreement
This End-User License Agreement (“Agreement”) is between you (“you”) and Nuance Communication
International BVBA, for itself and its affiliates (collectively, “(“Nuance”). By opening the sealed software
package and/or by installing, copying, or otherwise using the software “Nuance TALKS” and “Nuance
ZOOMS” for Series 60 and its accompanying documentation accompanying this Agreement (“Software”),
you agree to be bound by the terms and conditions of this Agreement set forth here below. The term
“Software” shall also include any modified versions, updates, or upgrades of the Software licensed to you
by Nuance. If you do not agree to the terms and conditions of this Agreement, you may not install or use
the Software and must promptly return the Software and all accompanying materials to Nuance
Communications International BVBA, Guldensporenpark 32, B-9820 Merelbeke, Belgium.
You may install and use a modified version, update, or upgrade of the Software only if you already have a
validly licensed existing version of the Software being modified, updated, or upgraded. If you download,
install, copy, or otherwise use a modified version, update, or upgrade of the Software, then your license
terminates as to the previous version of the Software, and you have a license only to such modified
version, update, or upgrade of the Software under the terms of this Agreement. If you do not agree to the
terms and conditions of this Agreement, you may not use the Software.
License Grant.
Nuance grants you, the End User of the Software, a non-exclusive license, without the
right to sublicense or otherwise transfer, (a) to use one copy of the Software on any Series 60 phone for
which you have purchased a serial number, or (b) to use the Software in its 10-minute demonstration
mode.
Term.
This License is effective upon your first use of the Software and shall continue until terminated.
Nuance may terminate this Agreement upon your breach of any terms hereof.
Restrictions.
You may not rent, lease, or otherwise commercialize the Software in any manner. You may
not port, translate, reverse engineer, decompile, modify, create derivative works of, or disassemble the
Software or attempt to reconstruct, identify, or discover any source code or algorithm, except to the extent
that the foregoing restriction is expressly prohibited by applicable law. You may not publish the results of
benchmarking the Software against competitive software. You may not transfer or assign this license or
the Software to any third party without the prior express written consent of Nuance. Any changes to,
modifications to, or derivative works (except as set forth above) of the Software shall become the
exclusive property of Nuance.
Ownership.
By purchasing a serial number, you do not receive ownership of the Software. All title,
ownership rights, and intellectual property rights in the Software shall remain in Nuance and/or its
suppliers or licensors. You acknowledge such ownership and intellectual property rights and will not take
any action to jeopardize, limit, or interfere in any manner with Nuance’s or its suppliers’ or licensors’
ownership of or rights with respect to the Software. The Software is protected by copyright and other
intellectual property laws and by international treaties.
Warranty.
THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF
ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS
BORNE BY YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU
AND NOT NUANCE OR ITS SUPPLIERS OR RESELLERS ASSUME THE ENTIRE COST OF
ANY SERVICE OR REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED
HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
Limitation of Liability.
IN NO EVENT WILL NUANCE BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, ECONOMIC OR CONSEQUENTIAL DAMAGES, ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE
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