Digital Future Text-to-Speech SDK 3.5.0

EULA - End User License Agreement

DIGITAL FUTURE
Digital Future Text-to-Speech Software Development Kit (SDK) Demo
Version License Agreement
Please read this document carefully before proceeding. You must agree to this
Software Development Kit (SDK) License Agreement (the "License") in order to
use the Digital Future Text-to-Speech SDK (the "SDK").
1. Definitions
1. "SDK" means the source code and documentation provided to you
pursuant to this License to assist you in the adding text-to-speech
features to your non-text-to-speech application(s).
2. "Product(s)" means your software product(s) and/or service(s) that
are developed by and include a feature that uses the SDK.
3. Non-text-to-speech Products are all products and services whose
main purpose and functionality is 100% unrelated to text-to-speech
synthesis. Your Products must be Non-text-to-speech Products.
4. Speech Engine is a software product produced by a third party to
Digital Future, which is included with the SDK.
5. Speech Engine Vendor or Digital Future Licensor is a third party
whose Speech Engine technology is included with the SDK.
2. Licenses
By agreeing to this agreement you also agree to all other derivative license and
distribution agreements provided by the Speech Engine Vendors whose Speech
Engines are included into the SDK.
Pursuant to the terms and conditions of this License, you are granted a
nonexclusive license to ONLY test and evaluate the SDK with your Nontext-
to-speech Products prior to purchasing the full version and the
Speech Engine redistributable licenses. You MUST NOT modify, sell,
rent, transfer, resell for profit, distribute, or create derivative works
based upon the SDK or any part thereof.
3. Restrictions and Requirements
By using the licenses above, you agree to the following restrictions:
1. You will not make or distribute copies of the SDK, or electronically
transfer the SDK outside your company.
2. You will not modify, sell, rent, transfer, resell for profit, distribute,
or create derivative works based upon the SDK or any part thereof.
3. You will not export or re-export, directly or indirectly, the SDK into
any country prohibited by the United States Export Administration
Act and the regulations thereunder.
4. Any direct or indirect distribution of any Bundled Products by you
shall be under the terms of a license agreement containing terms
that: (i) prohibit any modifications to the Derivative Works or any
part thereof, (ii) prohibit any reverse engineering, disassembly or
recompilation of the Derivative Works or any part thereof, (iii)
disclaim any and all warranties on behalf of Digital Future and each
of its licensors, (iv) disclaim, to the extent permitted by applicable
law, liability of Digital Future and/or its licensors for any damages,
whether direct, indirect, incidental or consequential, arising from
the use of the Bundled Products, (v) require the user to comply
fully with all relevant export laws and regulations of the United
States to assure that the Bundled Products or any part thereof is
not exported, directly or indirectly, in violation of United States law,
and (vi) include the appropriate copyright notice.
5. You must provide detailed description of all features and
functionalities of your Non-text-to-speech Products that will include
the SDK in written form upon purchasing the SDK and the
distribution licenses.
5. Software Defect Reporting
If you find software defects in the SDK, you should report them to
Support@DigitalFutureSoft.com. Digital Future will evaluate and, at its sole
discretion, may address them in a future revision of the SDK.
5. Updates
You understand and agree that Digital Future may amend, modify, change, and
cease distribution or production of the SDK at any time. You understand that you
are not entitled to receive any upgrades, updates, or future versions of the SDK
under this License.
6. Ownership
Digital Future and its suppliers or licensors shall retain all rights, title, and
interest to the SDK. All rights, not expressly granted herein, are reserved by
Digital Future.
7. Indemnity
You will indemnify and hold Digital Future harmless from any third party claim,
loss, or damage (including attorney's fees) related to your use of the SDK (other
than your use of the SDK as expressly permitted under Section 2 hereof but
subject to all of the restrictions and limitations set forth in this License) or related
to your Product(s).
THE SDK IS PROVIDED TO YOU ON AN "AS IS" BASIS AND "WITH ALL FAULTS",
WITHOUT ANY WARRANTY OF ANY KIND FROM DIGITAL FUTURE. YOU ASSUME
ALL RISKS THAT THE SDK IS SUITABLE OR ACCURATE FOR YOUR NEEDS AND
YOUR USE OF THE SDK IS AT YOUR OWN DISCRETION AND RISK. Digital Future
AND ITS LICENSORS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES FOR
THE SDK INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS
NO WARRANTY OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER
LEGAL RIGHTS THAT VARY FROM STATE TO STATE. THESE LIMITATIONS OR
EXCLUSIONS OF WARRANTIES AND LIABILITY MAY NOT AFFECT OR PREJUDICE
THE STATUTORY RIGHTS OF A CONSUMER; I.E., A PERSON ACQUIRING GOODS
OTHERWISE THAN IN THE COURSE OF A BUSINESS.
9. Limitation of Damages
NEITHER DIGITAL FUTURE NOR ITS SUPPLIERS OR LICENSORS SHALL BE
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF
PROFITS, OR THE LIKE), ARISING OUT OF THIS LICENSE WHETHER BASED ON
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY,
PRODUCT LIABILITY OR OTHERWISE, EVEN IF Digital Future OR ITS
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The limited warranty, exclusive remedies and limited liability set forth above are
fundamental elements of the basis of the bargain between Digital Future and
you. You agree that Digital Future would not be able to provide the Software on
an economic basis without such limitations. IN NO EVENT WILL DIGITAL
FUTURE BE LIABLE FOR ANY AMOUNT GREATER THAN WHAT YOU ACTUALLY
PAID FOR THE SDK.
10. US Government - Restricted Rights
The SDK and accompanying materials are provided with Restricted Rights. Use,
duplication, or disclosure by the U.S. Government is subject to restrictions as set
forth in this License and as provided in DFARS 227.7202-1(a) and 227.7202-3(a)
(1995), DFARS 252.227-7013 (OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19,
or FAR 52.227-14, as applicable. Manufacturer: Digital Future, P.O. Box 53242,
Atlanta, GA 30355.
11. Termination
1. Either party may terminate this License immediately if the other
party materially defaults in the performance of any provision of this
License, the non-defaulting party gives written notice to the other
party of such default, and the defaulting party fails to cure such
default within thirty (30) days after receipt of such notice. Upon the
termination of this License, the rights and licenses granted to you
by Digital Future pursuant to this License will automatically cease.
2. If this License is terminated for any reason, the provisions of
Sections 1, 3, 6, 7, 8, 9, 10, 11.1 and 12 shall survive such
termination.
12. General
This License shall be governed by the internal laws of the State of Georgia,
without regard to its choice of law rules. This License contains the complete
agreement between you and Digital Future with respect to the subject matter of
this License, and supersedes all prior or contemporaneous agreements or
understandings, whether oral or written. All questions concerning this License
shall be directed to: Digital Future, P.O. Box 53242, Atlanta, GA 30355.