EasyReader App EULA (End User Licence Agreement) | Dolphin Computer Access

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 fulfil 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.

Dolphin does not guarantee that the connections to external online libraries from within the Software will always remain the same as offered at the point of license. Online libraries maybe added or removed without notification.

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. DATA COLLECTION

This Software collects anonymous usage data for the purposes of product improvements. Use of this Software also requires the creation of a Dolphin Account. The creation of a Dolphin Account requires the transfer of personally identifiable information to Dolphin. This information will be used to communicate with you to validate your Dolphin Account and for general communication purposes not limited to your use of this Software. Information collected from your use of the Software may be stored on servers outside of the country in which you live. All data collected is subject to Dolphin’s Privacy Policy which is available at: https://yourdolphin.com/privacy

13.   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, acknowledgement, 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 - 2017 Dolphin Computer Access Ltd.  All Rights Reserved. 

Notice

SuperNova, Hal, Lunar, LunarPlus, ScreenReader, Cicero, Cipher, SAM, Dolphin Guide, Dolphin Guide HandsFree, GuideReader, 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

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 3

This software uses the QT Toolkit provided by the Qt Company under the license GNU Library General Public License 2.1 (LGPLv2.1) and GNU Library General Public License 3 (LGPLv3) and it source code can be downloaded from http://downloads.yourdolphin.com/downloads/qt-5.1.zip

The Qt Toolkit is Copyright (C) 2014 Digia Plc and/or its subsidiary(-ies).

Contact: http://www.qt.io/licensing

Appendix 4

This software uses the LAME mp3 library, created and owned by the LAME developers. The LAME project can be found at http://lame.sourceforge.net. LAME is licensed under the GNU Library General Public License 2.0 (LGPLv2.0) and its source code can be downloaded from http://downloads.yourdolphin.com/downloads/lame-3.98.4.tar.gz

Appendix 5

This software uses a number of third-party modules and libraries and these are listed in the file ThirdPartySoftware_listing.txt located in the software's installation folder.

 

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