END USER LICENCE AGREEMENT ("Agreement")
Please read the terms of this Agreement carefully before installing or using the Software. Your right to use the Software is governed by the terms of the Agreement. Selecting the "I accept" or "Enter" button and continuing with the installation of the Software indicates your acceptance of the terms of this Agreement. If you do not accept these terms by selecting the "I accept" or "Enter" button, you will not be able to continue with the Software installation process or to use the Software.
WARNING: Please be aware that once a product has been activated a refund is not available.
This is a legal agreement (the "Agreement") between you, the end user, and Dolphin Computer Access Ltd, a UK Limited Company, company registration number 2065974, registered address Technology House, Blackpole Estate West, Worcester UK, WR3 8TJ and its subsidiaries and associates ("Dolphin"), which covers Software distributed by Dolphin and its Distributors and Resellers ("Software") and accompanying Documentation ("Documentation"). If you are not the end user of the Software it is your responsibility to ensure the end user is aware of and is willing to fulfill the requirements of this Agreement.
This is a licence agreement and NOT an agreement for sale. Dolphin licenses you to use the Software and Documentation only as permitted by this Agreement, and it retains all rights not expressly granted to you in this Agreement. Subject to the terms of this Agreement, you have a non-exclusive, non-transferable and limited right to install the Software onto the hard drive or other mass storage device of computers that you operate and own and use the Software and Documentation solely for your personal use or in your business or profession. If you are using a Dolphin Pen it can be used on any computer providing you have the permission of the owner. Please note should you lose your Dolphin Pen we can not replace the licence. Permitting unauthorised access to, copying or using, the Software and Documentation is a breach of this Agreement. You must obtain a separate network or multi-user licence of the Software if you wish the Software to be used simultaneously by multiple people. The number of concurrent users is restricted to the total number of users purchased. You may make an archival copy of the Software and Documentation for back-up purposes, provided that such a copy contains all of the original copy's proprietary notices and is kept in your possession, but you may not otherwise copy or distribute the Software or Documentation in any form or by any medium. You are permitted to transfer the Software and Documentation and your Licence on a permanent basis to another person only if that person agrees to accept the terms of this Agreement and you either transfer all copies (including the most recent update and all prior versions) to that person or destroy any copies not transferred. If you transfer possession of any copy of the Software to another person, your Licence is automatically terminated.
2. UPDATES AND UPGRADES
Dolphin may update or upgrade the Software but shall not be obliged to supply such updates or upgrades to you unless the licence fee has been paid. Any update or upgrade shall be bound by the terms and conditions of this Agreement unless you are asked to accept a new agreement as a part of the installation of the update or upgrade. Please be aware that installing an upgrade or an update will supersede all previous versions of the Software.
3. TERM AND TERMINATION
This Agreement shall commence when you accept its terms by selecting the "I Accept" or "Enter" or "Next" button or by using the Software when pre-installed on a computer system. Once you have installed the Software, the licence granted in this Agreement shall continue indefinitely until terminated by you or by Dolphin. You may terminate this Agreement at any time by destroying the Software and Documentation. This Agreement, and any and all rights provided to you in connection with the Software, shall automatically terminate if you fail to comply with the terms of this Agreement. Upon any termination of this Agreement, you shall cease using and shall destroy the Software and Documentation, and all copies of any parts thereof. All sections of this Agreement, other than Section 1 ("Licence"), shall survive termination of this Agreement.
The Licence will also terminate without further action or notice by Dolphin if you become bankrupt, go into liquidation, suffer or make any winding up petition, make an arrangement with your creditors, have an administrator, administrative receiver or receiver appointed or suffer or file any similar action in consequence of debt.
For the Demonstration version of this Software, the licence granted in the Agreement shall be valid for 30 days from the point of installation of the Software. After which you must cease using and shall destroy the Software and Documentation, and all copies of any parts thereof, unless otherwise agreed in writing from Dolphin.
4. OWNERSHIP AND INTELLECTUAL PROPERTY
All right, title, and interest in the Software and Documentation, and all patents, trademarks, copyrights and all other intellectual property and other proprietary rights applicable thereto, shall at all times remain solely and exclusively with Dolphin and its licensors. You shall not (nor shall you permit any third party to) take any action inconsistent with such right, title, and interest. Unauthorized reproduction of the Software or Documentation is strictly prohibited by United Kingdom copyright and other laws and by International Treaties, and may subject you to civil and/or criminal penalties. All right title and interest in and to the content played using the Software belongs to and is governed under the terms and conditions expressed by the publishers of that content. If the Software includes Software licensed to Dolphin by third-party vendors and licensors, you may be held directly responsible by such vendor for acts relating to the Software that are not authorized by this Agreement.
5. DEMO VERSION
Functions of the demo version of this Software will cease to operate after a period of time or a set amount of use. The software will be fully usable again once a licence for the full version of the Software is purchased and unlocked.
If you are downloading or using the demo version of the Software on behalf of any organization, company or other entity, you represent and warrant that you have full authority to enter into this License on behalf of such entity. All references herein to "you" shall apply to such entity.
6. LIMITATION ON USE
You represent and warrant to Dolphin that you shall not (and shall not permit any third party to):
- Sell, rent, lease, sublicense, grant a security interest in, or otherwise transfer or distribute any copies of the Software or Documentation to others;
- Offer the benefits or services of the Software to any third party, whether such arrangement is in the nature of a service bureau, an outsourcing service, an application service provider or any other similar service or any other business without prior agreement from Dolphin;
- Modify, customize, or create derivative works based on the Software or the Documentation (i.e. create a new program that incorporates all or part of the Software or Documentation);
- Alter, destroy or otherwise remove any proprietary notices or labels on the Software or Documentation;
- Avoid, circumvent or disable any security mechanism, procedure or protocol, or any copyright protection, provided or included in connection with the Software;
- Use the Software other than for its intended purpose; or
- Use the Software in a manner that violates any applicable law, including without limitation laws prohibiting the unauthorized copying of copyrighted materials.
In addition, you acknowledge that the Software contains trade secrets of Dolphin. Accordingly, you represent and warrant that you will not modify, translate, reverse engineer, decompile, or disassemble the Software in any way. You agree to indemnify and keep indemnified Dolphin and its affiliates, officers, directors, employees and agents for any third-party claims relating to your breach of any of the above representations and warranties.
7. DISCLAIMER OF WARRANTY
The Software and Documentation are provided "as is". Dolphin does not warrant that the Software will meet your requirements or that its operation will be uninterrupted or error-free. Dolphin hereby disclaims all warranties, express or implied, with respect to the Software or the Documentation, including the warranties of merchantability, fitness for a particular purpose, accuracy, non-interference and non-infringement. These disclaimers of warranty constitute an essential part of this Agreement.
8. LIMITATION OF LIABILITY
In no event will Dolphin or its officers, directors, employees, agents, suppliers, distributors or resellers be liable to you or any other person for any indirect, special, incidental, or consequential damages (such as damages for loss of goodwill, work stoppage, computer failure or malfunction, lost data, lost profits, lost business or lost opportunity), or any other commercial damages or losses, even if Dolphin has been informed of the possibility of such damages, costs, losses or claims. In no event will Dolphin be liable for any damages in excess of the amount you originally paid Dolphin for this licence of the Software.
9. LAWFUL USE OF SOFTWARE ONLY
You agree that you shall not use the Software or Documentation for any unlawful purpose. You agree that you will use, export and re-export the Software and Documentation only in compliance with applicable export control laws and regulations in your jurisdiction, including those applicable to the UK.
You shall be responsible for and shall pay, and shall reimburse Dolphin on request if Dolphin is required to pay, any sales, use, valued added (VAT), consumption or other tax (excluding any tax that is based on net income of Dolphin), assessment, duty, tariff, or other fee or charge of any kind or nature that is levied or imposed by any governmental authority on the Software.
You acknowledge and agree that the Software and Documentation may contain confidential information and/or trade secrets of Dolphin and/or it suppliers. You agree to maintain and protect such confidential information and trade secrets in strictest confidence for the benefit of Dolphin and/or its suppliers, and not to disclose them without express authorization of Dolphin.
This Agreement constitutes the entire understanding between you and Dolphin with respect to the subject matter hereof. It supersedes all prior or contemporaneous oral or written communications, proposals, or representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter. Any change to this Agreement must be in writing and signed by an authorized representative of Dolphin. Nothing in this Agreement constitutes a waiver of the rights of Dolphin under the UK Copyright Design and Patents Act 1988 or Federal, International, Local or Foreign law. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. If any provision of this Agreement is determined to be unenforceable or invalid under any applicable law, this Agreement will not be invalid. Instead, the unenforceable or invalid provision shall be interpreted so as to best accomplish the objectives of such provision. This Agreement shall be governed by and construed in accordance with the laws of England and you irrevocably agree that the Courts of England have exclusive jurisdiction to settle any dispute or claims arising out of or in connection with this Agreement.
Copyright © 2003-2012 Dolphin Computer Access Ltd. All Rights Reserved.
Notice: SuperNova, Hal, Lunar, LunarPlus, Cicero, Cipher, SAM, Dolphin Guide, Dolphin Guide HandsFree, EasyConverter, EasyProducer, EasyReader, EasyReader Express, EasyTutor, Dolphin Publisher, Dolphin Bookshelf and SaySo are trademarks of Dolphin.
All trademarks and registered trademarks mentioned in the Software and the Documentation are the property of their respective owners.
N.B.: *You should save your work and make regular backups, particularly before installing new Software or hardware.
APPENDIX I – SPECIFIC AGREEMENT CLAUSES FOR SAYSO WITH DOLPHIN BOOKSHELF
- It is your sole responsibility to ensure that you have all necessary consents or licenses in relation to any material or data or other programs you may use in conjunction with the Software.
- All rights and licences in and to the content played and converted using the Software belongs to and is governed under the terms and conditions expressed by the holders of the intellectual property or publishers of that content, "the Copyright Holder".
- All rights and licences to use and distribute any textual or graphical information must be obtained by you from the Copyright Holder and is your sole responsibility.
- All rights and licences to use and distribute the recorded output from any 3rd party encoder that is not distributed as part of the Software as a whole must be obtained by you from the Copyright Holder and is your sole responsibility.
- You are permitted to distribute synthetically generated (TTS) digital and audio content created using this product on a "not for profit" basis, providing permission has been obtained from the Copyright Holder and the content produced is to service the sole needs of people with disabilities; and providing a licence of the synthesiser used for these purposes has been purchased.
- You will indemnify and keep indemnified Dolphin in respect of any losses arising as a result of your breach of the terms of this appendix.
The privacy practices that are specific to the Software are:
- For downloaded books, we may provide publishers, content providers and rights holders with information, but do not provide personal information.
- When you use the Software, we receive log information. This may include; server side data information such as the query term or page request (which may include statistic about downloads, searches, rating, content provider registrations, server load, book titles or specific pages within a book you are browsing), Internet Protocol address, language and the date and time of your request.
- You may have to register an account by a content provider or right holder in order to get hold of content provided through the Software. In these cases these registered account details are forwarded to the content provider or right holder organization.
Date last updated: 20th January 2012.