Last updated March 27, 2018
EX-IQ, INC. SPEECH-TO-TEXT SOFTWARE (“Software”) LICENSE TERMS
This is a license agreement (“Agreement”) between EX-IQ, Inc. (“Company,” “we,” or “us”) and you, the end user. This Agreement describes your rights and the conditions upon which you may use the Software. You should review the entire Agreement, including any supplemental license terms that accompany this Software and any linked terms, because all of the terms are important and together create this Agreement that applies to you. By accepting this Agreement or using the Software, you agree to all of these terms, and consent to the transmission of certain information during activation and during your use of the Software as per the privacy statement described in Section 3. If you do not accept and comply with these terms, you may not use the Software. Intellectual property rights in and to any content that you provide to or identify for processing by the Software will belong to the respective content owner. Such content may be protected by copyright or other intellectual property laws. This Agreement does not grant you any rights to use such content.
- Applicability. This Agreement applies to the Software installed by you on any device, and also any updates, upgrades, supplements or services for the Software, unless other terms come with them. It also applies to other applications developed by the Company that may provide additional functionality. If this Agreement contains terms regarding a feature or service not available on your device, then those terms do not apply.
- Additional terms. Additional third party terms may apply to your use of certain features, services and apps, depending on how the Software is used on your device, third party applications that run with the Software, your device’s capabilities and how it is configured. By accepting this Agreement or using the Software, you are also agreeing to such third party terms.
- Cautious driving. You may not interact non-verbally with the Service or use the Service in a non-verbal manner while driving for any purpose other than listening to the audio provided by the Service. You must not be driving if you are adjusting the Service settings, or otherwise interacting with the Service in any way other than to listen to the Service audio.
- Installation and Use Rights.
- License. The Software is licensed, not sold. Under this Agreement, we grant you the right to install and run one instance of the Software on your device (the licensed device), for use by one person at a time, so long as you comply with all the terms of this Agreement.
- Device. In this Agreement, “device” means a hardware system (whether physical or virtual) with an internal storage device capable of running the Software. A hardware partition or blade is considered to be a device.
- Restrictions. The Company reserves all rights (such as rights under intellectual property laws) not expressly granted in this Agreement. For example, this license does not give you any right to, and you may not:
- use or virtualize features of the Software separately;
- publish, copy (other than the permitted backup copy), rent, lease, or lend the Software;
- transfer the Software;
- work around any technical restrictions or limitations in the Software;
- reverse engineer, decompile, or disassemble the Software, or attempt to do so, except and only to the extent that the foregoing restriction is (a) permitted by applicable law; or (b) permitted by licensing terms governing the use of open-source components that may be included with the Software.
- Backup copy. You may make a single copy of the Software for backup purposes.
- Privacy; Consent to Use of Data. Your privacy is important to us. Some of the Software features send or receive information when using those features. Many of these features can be switched off in the user interface, or you can choose not to use them. By accepting this Agreement and using the Software you agree that the Company may collect, use, and disclose the information as described in our Privacy Statement (hyperlink), and as may be described in the user interface associated with the Software features.
- Authorized Software and Activation. You are authorized to use this Software only if you are properly licensed and the Software has been properly activated by an authorized method. When you connect to the Internet while using the Software, the Software will automatically contact the Company to conduct activation to associate it with a certain device. You may not bypass or circumvent activation.
- Updates. The Software periodically checks for updates, and downloads and installs them for you. You may obtain updates only from the Company. The Company may need to update your system to provide you with those updates. By accepting this Agreement, you agree to receive these types of automatic updates without any additional notice.
- Governing Law. The laws of the State of Washington shall govern this Agreement without regard to conflict of law principles. You agree to exclusive jurisdiction and venue in the state and federal courts sitting in King County, Washington.
- Your Rights. This Agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. This Agreement does not change those other rights if the laws of your state or country do not permit it to do so.
- Networks, data and Internet usage. Some features of the Software may require your device to access the Internet. Your access and usage (including charges) may be subject to the terms of your cellular or internet provider agreement. You are responsible for (i) understanding and complying with the terms of your own plans and agreements, and (ii) any issues arising from using or accessing networks, including public/open networks. You may use the Software to connect to networks, and to share access information about those networks, only if you have permission to do so.
- Entire Agreement. This Agreement is the entire agreement for the Software. You can review this Agreement after your Software is running by going to (https://notecast.app). You can also review the terms at any of the links in this Agreement by typing the URLs into a browser address bar. You agree that you will read the terms before using the Software, including any linked terms. You understand that by using the Software, you are agreeing to the terms of this Agreement and any linked or applicable third party terms.
- Limited Warranty. The Company warrants that the Software will perform substantially as described in any Company materials that accompany the Software, or that are found at the Company’s website. This limited warranty does not cover problems that you cause, that arise when you fail to follow instructions, or that are caused by events beyond the Company’s reasonable control. The limited warranty starts when you first use the Software, and lasts for 90 days. Any supplements, updates, or replacement Software that you may receive from the Company during that time are also covered, but only for the remainder of the 90 day period. The Company gives no other express warranties, guarantees, or conditions. The Company excludes all implied warranties and conditions, including those of merchantability, fitness for a particular purpose, and non-infringement. If your local law does not allow the exclusion of implied warranties, then any implied warranties, guarantees, or conditions last only during the term of the limited warranty and are limited as much as your local law allows. If your local law requires a longer limited warranty term, despite this Agreement, then that longer term will apply, but you can recover only the remedies this Agreement allows. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state or country to country. You may not recover under this limited warranty, under any other part of this Agreement, or under any theory, any damages or other remedy, including lost profits or direct, consequential, special, indirect, or incidental damages. The damage exclusions and remedy limitations in this Agreement apply even if repair, replacement or a refund does not fully compensate you for any losses, if the Company knew or should have known about the possibility of the damages, or if the remedy fails of its essential purpose. Some states and countries do not allow the exclusion or limitation of incidental, consequential, or other damages, so those limitations or exclusions may not apply to you. If your local law allows you to recover damages from the Company even though this Agreement does not, you cannot recover more than what you paid for the Software (or up to $5 USD if you acquired the Software for no charge).