Embedded Speech Recognition Kit distribution permissions and end-user license agreement

LICENSE Embedded Speech Developers Kit using Labx86 SBC for Windows CE 5.0 BY RUNNING THIS EMBEDDED SPEECH RECOGNITION ENGINE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT EXECUTE IT WITH ALSO RETURNING ALL THE MATERIALS YOU HAVE WITH YOU. TERMS APPLICABLE: LICENSE GRANT. Licensor grants to you a non-exclusive license to use the Software and accompanying documentation ("Documentation") in the manner described below under "SCOPE OF LICENSE GRANT". TERMS APPLICABLE TO ALL LICENSE GRANTS ABSOLUTE DISCLAIMER OF WARRANTY FOR EMBEDDED SPEECH RECOGNITION ENGINE The Software is provided on an AS IS basis, without warranty of any kind, including without limitation the warranties that the Software is 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 Research Lab or its directors, developers, authors , employees and suppliers assume the entire cost of any service and repair. In addition, the security mechanisms implemented by the Software have inherent limitations, and you must determine that the Software sufficiently meets your requirements. This disclaimer of warranty constitutes an essential part of the agreement. No use of the Software is authorized hereunder except under this Disclaimer. SCOPE OF LICENSE GRANT. You may: · Use the Software on any single computer; · Use the Software on a second computer so long as only one (1) copy is used at a time; · Use the Software on a network, provided that a licensed copy of the Software has been acquired for each person permitted to access the Software through the network; · Copy the Software for archival purposes, provided any copy must contain all of the original Software`s proprietary notices; or · If you have purchased a Right to Copy license for multiple copies of the Software, make the number of copies of Software (but not the Documentation) stated on the packing slip or invoice, provided any copy must contain all of the original Software`s proprietary notices. The number of copies on the invoice is the total number of copies that may be made. Additional copies of Documentation may be purchased from Licensor. You may not: · Permit other individuals to use the Software except under the terms listed above; · Permit concurrent use of the Software; · Modify, translate, reverse engineer, decompile, disassemble (except and solely to the extent an applicable statute expressly and specifically prohibits such restrictions); · Copy the Software other than as specified above; · Rent, lease, grant a security interest in, or otherwise transfer purchase rights of the Software ( w/o prior permission); · Remove any proprietary notices or labels on the Software. TITLE. Title, ownership rights, and intellectual property rights in the Software shall remain with Research Lab and/or its suppliers. The Software is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and is protected by applicable law. The license granted under this Agreement gives you no rights to such content. TERMINATION. This Agreement and the license granted hereunder will terminate automatically if you fail to comply with the limitations described herein. Upon termination, you must destroy all copies of the Software and Documentation. LIMITATION OF LIABILITY FOR EMBEDDED SPEECH RECOGNITION ENGINE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT LICENSOR RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM LICENSOR`S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. HIGH RISK ACTIVITIES FOR EMBEDDED SPEECH RECOGNITION ENGINE. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, Licensor and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. MISCELLANEOUS. This Agreement represents the complete agreement concerning the license granted hereunder and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. © 1999 2000 2001 2002 2003 2004 2005 Research Lab Embedded Speech Recognition Engine is a copyright of Research Lab Inc www.research-lab.com

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