license.txt Driver File Contents (app_speech_system_TC00126300G.exe)
Driver Package File Name: app_speech_system_TC00126300G.exe
TOSHIBA AMERICA INFORMATION SYSTEMS, INC. ("TAIS")
COMPUTER SYSTEMS DIVISION
Master End User License Agreement
IMPORTANT: THIS MASTER END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND TAIS. CAREFULLY READ THIS EULA. USE OF ANY SOFTWARE OR ANY RELATED DOCUMENTATION (COLLECTIVELY, "SOFTWARE") PREINSTALLED ON, OR SHIPPED WITH, A TAIS HARDWARE PRODUCT OR OTHERWISE MADE AVAILABLE TO YOU BY TAIS IN WHATEVER FORM OR MEDIA, WILL CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS, UNLESS SEPARATE TERMS ARE PROVIDED BY THE SOFTWARE SUPPLIER. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE SEPARATE TERMS PROVIDED BY THE SOFTWARE SUPPLIER, TAIS DOES NOT ACCEPT THE RETURN OF COMPONENT PARTS, OR BUNDLED SOFTWARE, WHICH HAVE BEEN REMOVED FROM THE TAIS HARDWARE PRODUCT. PRO-RATA REFUNDS ON INDIVIDUAL PC COMPONENTS, OR BUNDLED SOFTWARE, INCLUDING THE OPERATING SYSTEM, WILL NOT BE GRANTED. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, DO NOT INSTALL, COPY OR USE THE SOFTWARE.
1. License Grant. The Software is licensed, not sold. TAIS grants to you a personal, non-transferable and non-exclusive right to use the copy of the Software provided with this EULA. You agree you will not copy the Software except as necessary to use it on a single hardware product system at one location. You agree that you may not copy the written materials accompanying the Software. Modifying, translating, renting, copying, distributing, transferring or assigning all or part of the Software, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels or marks from the Software is strictly prohibited. Furthermore, you hereby agree not to create derivative works based on the Software. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the Software, and the recipient agrees to the terms of this EULA. If the Software is an upgrade, any transfer must include all prior versions of the Software.
2. Copyright. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of TAIS and/or its suppliers, and you will not acquire any rights to the Software, except the license expressly set forth above. All copies of the Software will contain the same proprietary notices as contained in or on the Software.
3. Reverse Engineering. You agree that you will not attempt, and if you employ employees or engage contractors, you will use your best efforts to prevent your employees and contractors from attempting to reverse compile, reverse engineer, modify, translate or disassemble the Software in whole or in part. Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic termination of this license and the reversion of the rights granted hereunder to TAIS.
4. Disclaimer of Warranty. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TAIS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES WITH REGARD TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, THE WARRANTY OF YEAR 2000 COMPLIANCE, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. NEITHER TAIS NOR ITS SUPPLIERS WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
5. Limitation of Liability. TAISf ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS EULA SHALL NOT EXCEED U.S.$10.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TAIS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION/DATA, OR ANY OTHER PECUNIARY LOSS OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF TAIS OR ITS SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TAIS OR ITS SUPPLIERS BE LIABLE FOR ANY CLAIM BY A THIRD PARTY.
6. STATE/JURISDICTION LAWS. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU
SPECIFIC RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE/JURISDICTIONTO STATE/JURISDICTION.
7. Export Laws. This EULA involves products and/or technical data that may be controlled under the United States Export Administration Regulations and may be subject to the approval of the United States Department of Commerce prior to export. Any export, directly or indirectly, in contravention of the United States Export Administration Regulations, or any other applicable law, regulation or order, is prohibited.
8. Governing Law. This EULA will be governed by the laws of the State of California, United States of America, excluding its conflict of law provisions.
9. United States Government Restricted Rights. The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States Government, its agencies and/or instrumentalities is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software Clause at DFARS 252.227-7013 (October 1988) or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.
9. Severability. If any provision of this EULA shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired.
10. No Waiver. No waiver of any breach of any provision of this EULA shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Toshiba America Information Systems, Inc.
9740 Irvine Boulevard
Irvine, California 92618-1697
United States of America