ACAPELA GROUP SOFTWARE LICENSE AGREEMENT
1. License granted and scope of use
The application, demonstration and other software accompanying this License, whether on disk, in read-only memory, or on any other media (the ACAPELA GROUP Software) and the related documentation are licensed to you by Acapela Group,(thereafter ACAPELA GROUP).
You own, rent or use free-of-charges the medium on which the ACAPELA GROUP Software is recorded,but ACAPELA GROUP and/or ACAPELA GROUP Licensor(s) retain title to the ACAPELA GROUP Software and related documentation.
This License allows you to Use the ACAPELA GROUP Software on a single hardware support (or maximum 10 android devices linked with the same Google ID as primary account, in the case of Acapela TTS Voices app) and only make one copy of the ACAPELA GROUP Software in machine-readable form for backup purposes only.
You must reproduce on such a copy the ACAPELA GROUP copyright notice and any other proprietary legends that were on the original copy of the ACAPELA GROUP Software.
You may also transfer all your license rights in the ACAPELA GROUP Software, the backup copy of the ACAPELA GROUP Software, the related documentation, and a copy of this License to another party, provided the other party reads and agrees to accept the terms and conditions of this License.
The term Use ,used above, does not include the right to replicate sound files resulting from the ACAPELA GROUP Software for the purpose of reselling or re-distributing on a media (e.g. CD ROM, Disk) or via downloads; nor to broadcast or do public performance. Such specific uses are subject to a separate licensing agreement, please contact us.
The ACAPELA GROUP Software contains copyrighted material, trade secrets, and other proprietary material. In order to protect them, and except as permitted by applicable legislation, you may not decompile, reverse engineer, disassemble, or otherwise reduce the ACAPELA GROUP Software to a human-perceivable form ; copy, modify, network, rent, lease,loan, or distribute the ACAPELA GROUP Software ; or create derivative works based upon the ACAPELA GROUP Software in whole or in part other than as expressly permitted by applicable legislation.
You may not electronically transmit the ACAPELA GROUP Software from one computer to another or over a network or by putting it on a sharing/online storage web service.
You may not share ACAPELA GROUP Software or data with other users, nor send them electronically from one computer to another or over a network or put them on a sharing/online storage web service.
This License is effective until terminated. You may terminate this License at any time by destroying the ACAPELA GROUP Software and related documentation, and all copies thereof.
This License will terminate immediately without notice from ACAPELA GROUP if you fail to comply with any provision of this License. Upon termination you must destroy the ACAPELA GROUP Software, related documentations and all copies thereof. upon termination you shall remain subject to the provisions, restrictions, and exclusions in this License Agreement and shall have no right to any refund of any amounts paid for the ACAPELA GROUP Software. No termination shall release you from liability for any breach of this License Agreement.
4. Export Law Assurances
You agree and certify that neither the ACAPELA GROUP Software nor any other technical data received from ACAPELA GROUP, nor the direct product thereof, will be shipped, transferred, or exported, directly or indirectly, to any country in violation of any applicable law.
WARNING : Reproducing human voice is a complex process. State of the Art does not permit the reproduction of a perfect natural sounding voice. Perception of voice quality is totally subjective and does not affect ACAPELA GROUP™s warranty.
- IMPROVEMENTS : shall mean Correction of any linguistic defect. These defects may seem minor to the end-user, but are in fact very complex and may be impossible to correct within the current state of the art. It is not therefore possible for ACAPELA GROUP to promise any systematic corrections. He undertakes to note all desirable improvements and to produce New versions improving where possible any linguistic defects which have been established.
- EXCEPTION DICTIONARY : shall mean a user accessible list defining pronunciation exceptions.
- BUGS : shall mean all serious defects preventing the normal utilization of the computer engine, for instance, using a specific word which will cause the engine to fail. Correction of a bug leads to updating the ACAPELA GROUP Software.
ACAPELA GROUP represents and warrants that to the best of its knowledge it has the right to grant the license rights set forth above.
ACAPELA GROUP shall make its best efforts to correct any BUGS revealed by you to ACAPELA GROUP in a reasonable time, provided the BUGS appears within a six (6) month period following delivery of ACAPELA GROUP Software to you and provided that a you can provide a detailed description of the BUGS and the list of operation causing the BUGS to appear. Except as expressly set forth above, ACAPELA GROUP makes no representations, extends no Warranties of any kind, either express or implied including IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, and assumes no responsibility whatever with respect to the use by you of the ACAPELA GROUP Software.
6. Limited Warranty on Media
ACAPELA GROUP warrants the diskettes and/or cd-rom on which the ACAPELA GROUP Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced by a copy of the receipt. During the applicable warranty period, ACAPELA GROUP will repair (or at is option replace) free of charge such diskettes and/or cd-rom that prove defective provided they are returned properly packaged to an Authorised ACAPELA GROUP Service Center in any country of the European Community, the European Free Trade Association, Africa, the Middle East, North and South America, all transportation charges prepaid, together with your name, address, and telephone number, a description of the problem, and proof of date of purchase.
All diskettes and/or cd-rom replaced under warranty become the property of ACAPELA GROUP. ACAPELA GROUP will not have any responsibility to replace a diskette and/or a cd-rom damaged by accident, abuse, or misapplication.
7. Disclaimer of Warranty on ACAPELA GROUP Software
You expressly acknowledge and agree that use of the ACAPELA GROUP Software is at your sole risk.
EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5. ABOVE ACAPELA GROUP EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ACAPELA GROUP DOES NOT WARRANT FUNCTIONS CONTAINED IN THE ACAPELA GROUP SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE ACAPELA GROUP
SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE DEFECTS IN THE ACAPELA GROUP SOFTWARE WILL BE CORRECTED. FURTHERMORE, ACAPELA GROUP DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE ACAPELA GROUP SOFTWARE OR RELATED DOCUMENTATIONS IN TERMS OF THEIR CORRECTNESS, ACCURACY, ELIABILITY, ORXOTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ACAPELA GROUP OR AN ACAPELA GROUP-AUTHORISED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE ACAPELA GROUP SOFTWARE PROVE DEFECTIVE, YOU (AND NOT ACAPELA GROUP OR AN ACAPELA GROUP-AUTHORISED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
8. Limitation of Liability
Acapela Group€™s aggregate liability in respect of any single event or series of events whether as a result of negligence, breach of contract, misrepresentation, or otherwise shall in no circumstances exceed the cost of the defective, damaged, or undelivered product determined by the net invoiced price. Save as expressly provided to the contrary, all conditions, warranties, and representations expressed or implied by statute, law or otherwise in relation to any ACAPELA GROUP Product are hereby excluded, and ACAPELA GROUP shall be under no liability for any loss, damage or injury,
direct or indirect, resulting from defective material, faulty workmanship, or otherwise howsoever.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ACAPELA GROUP BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE ACAPELA GROUP SOFTWARE OR RELATED DOCUMENTATION, EVEN IF ACAPELA GROUP OR
AN ACAPELA GROUP-AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall ACAPELA GROUP€™s total liability to you for all damages, losses, and causes
of action (whether in contract, tort -including negligence-, or otherwise) exceed the amount paid by you for the ACAPELA GROUP Software.
9. Controlling Law and Severability
This License shall be governed by and construed in accordance with the laws of France. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
You acknowledge that you have read this License Agreement and Limited Warranty, understand them, and agree to be bound by their terms and conditions. You also agree that the License Agreement 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 Agreement or the Limited Warranty. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of ACAPELA GROUP.