NOTICE TO END USERS: PLEASE CAREFULLY READ THE FOLLOWING. THIS
LEGAL DOCUMENT IS AN AGREEMENT BETWEEN YOU, THE LICENSEE AND/OR
END-USER, AND TEXTHELP LIMITED.
If you do not fully agree with the terms and conditions of this Agreement, promptly return
the product which is the package and its entire contents, including digital media, to the
party from whom you obtained it and a full refund will be given.
This license applies to the registered version of Texthelp Read & Write 6 GOLD For Mac and should be
read in conjunction with the main End User License provided with the product.
Definitions
'License Certificate' refers to the License Certificate contained in the End User License
provided with the product 'License Type' as specified on the License Certificate is defined
in Schedule 1 of the End User License provided with the product.
'Licensee' refers to the party to whom the Software is licensed under this Software License
and/or his or her employees and/or his or her agents.
'Licensor' refers to Texthelp Limited.
'Main Campus' is defined as the central or primary campus of a College/University. The
main campus is defined physically as any building used by the College/University within a 2
mile radius of given central location.
'Satellite Campus' is defined as any building affiliated to a College/University Main Campus
that is situated outside the 2 mile radius.
'Software' refers to the software programs from Texthelp Limited contained herein.
'Territory' is worldwide unless separately defined.
"TTS Module" shall mean the functionality of the Software which delivers Text-To-Speech
using digital voices either supplied as part of the Software or which may become available
to use with the Software but have not been supplied as part of the Software.
The license granted under this agreement authorizes the Licensee to create installations of
the licensed software as specified by the License Type.
1. AUTHORITY TO LICENSE: Licensor is the sole proprietor of the Software and reserves
exclusive authority to grant a license. The Software is protected by all applicable laws and
international treaty provisions relating to intellectual property (including, but not limited to
laws relating to copyrights).
2. GRANT OF LICENSE: In consideration of payment of the fee which is part of the price
the Licensee paid for this product, the Licensee agrees to abide by the terms and
conditions of this License and the Limited Warranty.
Furthermore Licensor agrees to grant, and the Licensee agrees to accept on the following
terms and conditions, a non-transferable and nonexclusive License to use the Software.
3. PERIOD OF LICENSE: This Agreement is effective from the date of first receipt by the
Licensee of the Software and the Licensee's acceptance of the terms and conditions by
return of the registration document or the Licensee's commencement of use of the
Software (whichever first occurs), and is effective until terminated.
4. ASSIGNMENT: This Agreement and any of the Licenses, programs or materials to
which it applies may not be assigned, sub-licensed or otherwise transferred by the
Licensee without prior written consent from Licensor. No right to print or copy in whole or in
part, the Software is granted except as expressly provided under this Agreement.
This License is personal to the Licensee and the Licensee is expressly prohibited from
lending, hiring, renting, selling, or otherwise transferring the Software, or its documentation,
to a third party.
5. COPY RESTRICTIONS: Any Software which is provided by Licensor in machine
readable form may be copied in whole or in part in sufficient number for the use by the
Licensee on such number of standalone PCs or workstations as permitted for the License
Type, (a) to understand the contents of such machine readable material, (b) for back-up
purposes, or (c) for archival purposes. Copies of the Software for any purpose other than
as described in 5(a), 5(b) and 5(c) cannot be made without prior written consent from
Licensor. Any and all such copies are subject to the terms and conditions of this License
Agreement. The Licensee shall not provide or otherwise make available the Software to
any person other than his employees and/or duly authorized agents without prior written
consent from Licensor.
THE LICENSEE MAY NOT COPY, MODIFY, ADAPT, TRANSLATE, REVERSE
ENGINEER, DECOMPILE, DISASSEMBLE THE SOFTWARE OR ANY COPY OF THE
SOFTWARE, OR CREATE DERIVATIVE WORKS BASED ON THE SOFTWARE OR
ANY COPY. IF LICENSEE DOES SO, THIS AGREEMENT IS AUTOMATICALLY
TERMINATED.
6. TERMINATION: Licensor may terminate this Agreement forthwith upon written notice if
the Licensee commits a breach of any of the terms and conditions hereof and in
circumstances where such breach is capable of rectification has failed to rectify such
breach within 30 days of receiving written notice thereof.
Within 15 days of the termination of the License under this Agreement, the Licensee will
furnish Licensor a letter verifying that the original and all copies, in whole or part, in any
form, including partial copies or modifications of the Software received or made in
connection with such License, have been destroyed.
No moneys will be refunded to the Licensee in this eventuality. The Licensee may
terminate this Agreement by furnishing such verification.
7. GENERAL: Failure by Licensor to enforce any of the terms and conditions of this
Agreement shall not be construed as a waiver of its rights hereunder.
This Agreement constitutes the entire agreement between the parties relating to the
licensing of the Software. No variation or amendment of or addition to the terms and
conditions of this Agreement shall be effective unless Licensor prior agreement in writing
shall have been obtained. The Governing Law of this Agreement shall be that of the
Statutes of Northern Ireland.
8. LIMITED WARRANTY: THE SOFTWARE IS PROVIDED "AS-IS" AND LICENSOR
MAKES NO WARRANTIES WITH RESPECT TO THE SOFTWARE OTHER THAN TO
GUARANTEE THE ORIGINAL MEDIA AGAINST FAULTY MATERIALS OR
WORKMANSHIP FOR 90 DAYS FROM THE DATE OF DELIVERY TO THE LICENSEE
OF THE SOFTWARE.
THE ABOVE MENTIONED WARRANTY IS IN LIEU OF ALL OTHER
REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTEES OF ANY
KIND, EXPRESS OR IMPLIED (BY STATUE, COMMON LAW, COLLATERALLY OR
OTHERWISE), INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE AND/OR
WARRANTIES AGAINST INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT
THE SOFTWARE WILL MEET THE REQUIREMENTS OF ANY USER OF THE
SOFTWARE UNDER THIS AGREEMENT OR THAT THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR FREE.
THE SOFTWARE CONTAINS CERTAIN FUNCTIONALITY PROVIDED FREE OF
CHARGE THAT IS STREAMED FROM REMOTE SERVERS. THE PROVISION OF THIS
FUNCTIONALITY MAY BE REPLACED OR DISCONTINUED AT ANY TIME AT THE
SOLE DISCRETION OF LICENSOR.
9. NO LIABILITY FOR DAMAGES: In no event shall Licensor or its suppliers be liable for
any damages
whatsoever (including, without limitation, damages for loss of profits, business interruption,
loss of business information, or other pecuniary loss) arising out of the use of or inability to
use the Software, even if Licensor has been advised of the possibility of such damages;
provided, however, that this limitation on liability shall not apply to damages arising from the
gross negligence or willful misconduct of Licensor.
No Licensor, agent, or representative is authorized to make any modifications or additions
to this provision.
Licensee shall defend, indemnify and hold Licensor harmless from any and all claims,
demands responsibilities, liabilities, and damages arising from any unauthorised use of the
Software.
10. USE OF PERSONAL INFORMATION: Licensor processes the personal information
collected by it in relation to the Licensee for the purposes of providing technical support
and maintenance services (including the issue of patches) to the Licensee, and the
Licensee acknowledges and agrees to the use of its personal information for such
purpose. Licensor does not disclose any personal information to any outside parties.
11. BREACH OF COPYRIGHT: Licensee is solely responsible for ensuring that all output
generated using the Software including, but not limited to, Audio files or scanned text is in
compliance with appropriate copyright laws.
12. NON COMMERCIAL DISTRIBUTION: Licensee may not commercially exploit in any
way any output generated using the Software including, but not limited to, audio files or
scanned text.
13. SOFTWARE USE RESTRICTIONS: Licensee shall not or knowingly permit any third
party to use any TTS Module included in the Software to create any speech or audio file
whose contents (a) are harmful, threatening, tortuous, abusive, harassing, defamatory,
vulgar, obscene, libellous, invasive of another's privacy, hateful, racially, ethnically,
religiously, ethically, morally or otherwise objectionable or harm minors in any way or (b)
infringe any third party right, or (c) duplicate, broadcast, transmit or otherwise diffuse any
such speech or any audio file.
ACKNOWLEDGEMENT: THE LICENSEE ACKNOWLEDGES THAT (S)HE HAS READ
THIS LICENSE AND LIMITED WARRANTY, UNDERSTANDS THEM, AND AGREES
TO BE BOUND BY THEIR TERMS AND CONDITIONS. (S)HE ALSO AGREES THAT
THE LICENSE AND LIMITED WARRANTY ARE THE COMPLETE AND EXCLUSIVE
STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDE ALL
PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER
COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT
MATTER OF THE LICENSE OR THE LIMITED WARRANTY.