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. Installing or using the software indicates your acceptance of the terms of this Agreement.  WARNING – Please be aware that once a product has been activated a refund is not available.

INTRODUCTION

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.  

1.    LICENCE

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, 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 cannot replace the license. 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.

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.

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.    TRIAL VERSION

Functions of the trial version of this Software will cease to operate after a period of time, usually 30 days. 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 trial 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.

10.    TAX

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.


11.    CONFIDENTIALITY

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.

12.    GENERAL

This Agreement constitutes the entire understanding between you and Dolphin with respect to the subject matter hereof. It supersedes all prior or existing 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 (c) 2003 - 2016 Dolphin Computer Access Ltd.  All Rights Reserved.  

Notice

SuperNova, Hal, Lunar, LunarPlus, ScreenReader, 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 1

Nuance Speech Products Trademark Notices

This section details the notices required for your use of Nuance speech products.  They are provided exactly as specified by the Third Party, in their original language.

Nuance® is a registered trademark of Nuance Communications, Inc. and is used here under licence.
ETI-Eloquence™ is a trademark of Nuance Communications, Inc. and is used here under licence.
RealSpeak™ is a trademark of Nuance Communications, Inc. and is used here under licence.
Vocalizer™ is a trademark of Nuance Communications, Inc. and is used here under licence.   

Appendix 2

Device-independent multi-rectangle clipping routines

Copyright (c) 1987, 1988  X Consortium

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.  IN NO EVENT SHALL THE X CONSORTIUM BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Except as contained in this notice, the name of the X Consortium shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization from the X Consortium.

Copyright 1987, 1988 by Digital Equipment Corporation, Maynard, Massachusetts.

All Rights Reserved

Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee is hereby granted, provided that the above copyright notice appear in all copies and that both that copyright notice and this permission notice appear in supporting documentation, and that the name of Digital not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission.

DIGITAL DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, IN NO EVENT SHALL DIGITAL BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.

Scintilla and SciTE

Copyright 1998-2002 by Neil Hodgson

All Rights Reserved

Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee is hereby granted, provided that the above copyright notice appear in all copies and that both that copyright notice and this permission notice appear in
supporting documentation.

NEIL HODGSON DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, IN NO EVENT SHALL NEIL HODGSON BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.

UNICODE, INC. LICENSE AGREEMENT - DATA FILES AND SOFTWARE

Unicode Data Files include all data files under the directories http://www.unicode.org/Public/, http://www.unicode.org/reports/, and http://www.unicode.org/cldr/data/ . Unicode Software includes any source code published in the Unicode Standard or under the directories http://www.unicode.org/Public/, http://www.unicode.org/reports/, and http://www.unicode.org/cldr/data/.

NOTICE TO USER: Carefully read the following legal agreement. BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING UNICODE INC.'S DATA FILES ("DATA FILES"), AND/OR SOFTWARE ("SOFTWARE"), YOU UNEQUIVOCALLY ACCEPT, AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL, COPY, DISTRIBUTE OR USE THE DATA FILES OR SOFTWARE.

COPYRIGHT AND PERMISSION NOTICE

Copyright © 1991-2010 Unicode, Inc. All rights reserved. Distributed under the Terms of Use in http://www.unicode.org/copyright.html.

Permission is hereby granted, free of charge, to any person obtaining a copy of the Unicode data files and any associated documentation (the "Data Files") or Unicode software and any associated documentation (the "Software") to deal in the Data Files or Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, and/or sell copies of the Data Files or Software, and to permit persons to whom the Data Files or Software are furnished to do so, provided that (a) the above copyright notice(s) and this permission notice appear with all copies of the Data Files or Software, (b) both the above copyright notice(s) and this permission notice appear in associated documentation, and (c) there is clear notice in each modified Data File or in the Software as well as in the documentation associated with the Data File(s) or Software that the data or software has been modified.

THE DATA FILES AND SOFTWARE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY CLAIM, OR ANY SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE DATA FILES OR SOFTWARE.

Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in these Data Files or Software without prior written authorization of the copyright holder.

Unicode and the Unicode logo are trademarks of Unicode, Inc., and may be registered in some jurisdictions. All other trademarks and registered trademarks mentioned herein are the property of

Nuance Vocalizer for Automotive V5.

PCRE LICENCE

PCRE is a library of functions to support regular expressions whose syntax and semantics are as close as possible to those of the Perl 5 language.
Release 5 of PCRE is distributed under the terms of the "BSD" licence, as specified below. The documentation for PCRE, supplied in the "doc" directory, is distributed under the same terms as the software itself.

Written by: Philip Hazel ph10@cam.ac.uk University of Cambridge Computing Service, Cambridge, England. Phone: +44 1223 334714.

Copyright (c) 1997-2004 University of Cambridge

All rights reserved.

  • Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
  • Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
  • Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
  • Neither the name of the University of Cambridge nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Lua License Acknowledgement

Copyright © 1994–2013 Lua.org, PUC-Rio.

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Appendix 3

Design Science “Mathflow” Trademark Notices

This document details the notices required for your use of the Design Science “Mathflow” application.

“Design Science” is a Trademark of Design Science Inc.

“Mathflow” is a Trademark of Design Science Inc.

Appendix 4

End User License Agreement for Nuance OmniPage™ OCR Imaging Software.

Nuance® is a registered trademark of Nuance Communications, Inc.

Omnipage™ is a registered trademark of Nuance Communications, Inc.

Agreement: means this End-User Licence Agreement.

End-User: means a customer of Dolphin or its reseller.

Company: Nuance Communications, Inc.

Software: Nuance OmniPage™ OCR Imaging Software.

1. License Grant.

 The End-User is granted a non-exclusive license to use the Software on a single product. The Software cannot be shared between multiple Products. Each system must have its own separate Software.

2. Copying Restrictions.

 The End-User may copy the Software, in whole or in part, only for backup and archival purposes. No more than two (2) copies may be in existence at any one time. Each copy shall include in readable format any and all proprietary and copyright notices contained on the original.

3. Transfer of Software.

 The End-User may transfer the Software provided that (a) this Software license Agreement is transferred with the Software, (b) the transferee fully accepts the terms and conditions of the Software license Agreement and (c) that all complete and partial copies of the Software, including copies on data storage devices, are also transferred or destroyed.

4. Prevention of Unauthorised Use.

 The End-User shall not knowingly permit anyone to use any portion of the Software, (a) for the purpose of deriving its source code and (b) for purposes other than as authorised in the Software Agreement.

5. End User Compliance.

The End-User agrees to use all reasonable efforts to ensure that persons employed by the End-User or under the End-Users direction and control abide by the terms of the Software License Agreement. In the event the End-User becomes aware that the Software is being used by such persons in a manner not authorised by this agreement, the End-User shall immediately notify the Company in writing of such facts and the End User shall use all reasonable efforts to have such unauthorised use of such Software immediately cease and to recover any copies of the Software that were made in violation of this Agreement.

6. Third Party Software

The Software is protected by copyright and other proprietary rights of the Company and/or third party software vendors. If the Software includes software licensed to the Company by a third party vendor, the End-User may be held directly responsible by such vendor for acts relating to the Software that are not authorised by this agreement.

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