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Terms of Service
This Terms of Service (TOS) Agreement represents the entire agreement
concerning the use of the NuanceVoiceControl™ service (the "Service")
developed by NuanceVoiceControl, Inc. ("MVC") and it supersedes any
prior agreement, proposal, representation, or understanding between the
parties regarding the Service. Unless otherwise amended, the TOS
Agreement shall apply to any modified version or upgrade of the Service
delivered by MVC to you. MVC reserves the right to amend, modify, or
terminate the TOS Agreement, as amended, in its sole discretion.
1.
Terms of Service Agreement Grant
MVC hereby grants to you, and you accept, a personal, nonexclusive
ability to use the Service during the term only as authorized in this
TOS Agreement. You agree that you will not assign, sublicense, transfer,
pledge, lease, rent, or share your rights under this TOS Agreement
during the term.
2.
Restrictions on Use
You agree to use the Service for personal use only and further
acknowledge that you may not market, distribute or offer the Service as
a free or charged service to any third party and/or make any commercial
use of the Service whatsoever without a written authorization of MVC.
You agree that all rights not expressly granted herein are reserved by
MVC.
3.
Privacy
Any and all
information you provide to MVC will remain confidential and will not be
sold to third parties. However, MVC may store, track and use for its own
promotional purposes the following information: your name, email
address, cell phone number and carrier and user history.
To produce
superior speech recognition of your requests at our servers, the Contact
names in the address book of your mobile device are migrated to our
servers when you use our service. These Contact names will remain
confidential and will not be sold to or shared with any third parties.
Additionally, for added security, only the Contact names are
transferred. No other contact information about the Contacts, such as
their phone numbers or email addresses, is ever migrated to our servers.
4.
Limited
Warranty
THE SERVICE IS LICENSED "AS IS," AND MVC DISCLAIMS ANY AND ALL OTHER
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS
FOR A PARTICULAR PURPOSE, INCLUDING BUT NOT LIMITED TO, CONFIDENTIALITY
OR SECURITY OF SAID SERVICE AND ANY TRANSMISSION, REPRODUCTION OR
MODIFICATION THEREOF. MVC DOES NOT WARRANT THAT THE SERVICE WILL MEET
THE USERS NEEDS, EXPECTATIONS OR INTENDED USE OR THAT THE SERVICE WILL
BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. MVC DOES NOT WARRANT
OR MAKE ANY REPRESENTATION THAT THE INFORMATION PROVIDED THROUGH THE
SERVICE IS TRUE, ACCURATE OR COMPLETE. MAD DISCLAIMS ANY DUTY TO
INVESTIGATE ANY SUCH INFORMATION OR THIRD PARTY PROVIDER OF SUCH
INFORMATION. CUSTOMER AGREES THAT ITS RELIANCE ON ANY INFORMATION
PROVIDED BY MVC OR ITS THIRD PARTY PROVIDERS OF THE INFORMATION
AVAILABLE THROUGH THE SERVICE SHALL BE AT ITS OWN RISK.
5.
Limitation
of Liability
IN NO EVENT SHALL MVC BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA,
PROFITS, SALES OR USE OF THE SERVICE, OR FOR ANY SPECIAL, INDIRECT,
INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THE USE, PROMOTION, DISTRIBUTION OR PERFORMANCE OF THE
SERVICE OR ANY ENHANCEMENTS OR MODIFICATIONS THERETO, REGARDLESS OF THE
FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE EVEN IF MVC HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.
Upgrades; New Versions
This TOS Agreement is only for the version of the Services and
Documentation as of the date of sign-up and any updates thereto.
7.
Technology Rights
You agree that the Service and the Documentation are proprietary
products of MVC and/or its licensors or licensees, as appropriate. You
further acknowledge and agree that all right, title, and interest in and
to the Service, including associated intellectual property rights, is
and shall remain with MVC and/or its licensors. This TOS Agreement does
not convey to you an interest in or to the Service, but only a limited
right of use revocable in accordance with the terms of this License
Agreement. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, REVERSE ENGINEER,
DISASSEMBLE, DECOMPILE, RENT, LEASE OR LOAN THE SERVICE OR DOCUMENTATION
OR CREATE DERIVATIVE WORKS BASED ON THE SERVICE OR THE DOCUMENTATION.
8.
Term
This TOS Agreement is effective upon your being granted access to the
Service and shall continue until your use of the Service is terminated.
MVC may terminate this TOS Agreement with or without cause at any time.
If MVC terminates this TOS agreement prior to the expiration of your
pre-paid subscription, MVC will rebate to you the pro-rated remaining
portion of your subscription fee. The termination of this TOS Agreement
shall not adversely affect any of MVC's other rights in respect of your
use or possession of the Service or your failure to comply with this TOS
Agreement. Notwithstanding the termination of this TOS Agreement for any
reason, the following provisions shall survive such termination:
Sections 2, 4, 5, 7, 8, 9, 13 and 14 of this TOS Agreement, shall remain
in full force and effect and any violation of such provisions may result
in legal action by MVC.
9.
Title
All title, ownership rights, and intellectual property rights in the
Service shall remain in MVC or its Licensors or licensees The Service is
protected by copyright and other intellectual property laws and by
international treaties, including, but not limited to, the Digital
Millennium Copyright Act of 1998. No right, license, or interest to
such trademark is granted hereunder, and you agree that you shall assert
no such right, license, or interest with respect to such trademark
either during or after the term of this TOS Agreement.
10.
Indemnity
You shall defend, indemnify, and hold harmless MVC and MVC's suppliers,
successors, affiliates, agents licensors, licensees, and assigns from
any claims, damages, losses, or expenses (including without limitation
attorney fees and costs) incurred by MVC in connection with all third
party claims, suits, judgments and causes of action (i) for infringement
of patents or other proprietary rights arising from your combining with
or using any device, system or service in connection with the Service or
any portion thereof (ii) for libel, slander, defamation or infringement
of copyright or other proprietary right with respect to material
transmitted by you using a handheld device or cellular phone or (iii)
for injury, death or property damage arising in connection with your use
or non-use of the Service. No remedy herein conferred upon MVC is
intended to be, nor shall it be construed to be, exclusive of any other
remedy provided herein or as allowed by law or in equity, but all such
remedies shall be cumulative.
11.
Fees, Costs or Expenses
You agree that you will be responsible for any and all fees, costs or
expenses you may directly or indirectly incur as a result of using the
Service. Such fees, costs and expenses include, but are not limited to,
any amounts due from the use of a provider network that allows you to
access the Service, amounts charged for text-messaging or email
services, costs associated with the use of cellular or hand-held network
minutes or other time periods upon which billing may be based or any
other amounts charged by a provider or third party in connection with
the use of the device by which you access the Service or as a result of
the use of the Service itself, including any taxes or other fees
attributable thereto.
12.
Limitations of the Service
The NuanceVoiceControl™ service is designed to enable subscribers of the
service to control their phone functions via voice commands. To
interpret subscriber commands NuanceVoiceControl™ utilizes both machine and
human recognition systems. MVC does not guarantee the accuracy of its
responses to user commands/requests. Also, there are some words/phrases
that NuanceVoiceControl™ will not transcribe or respond. Such
commands/requests include, but are not limited to, commands/requests
that conflict with confidentiality laws, privacy laws, indecency laws,
or are potentially harmful in nature or that violate any other such
regulations, guidelines, or laws.
13.
Promotional Materials
By using the Service you are agreeing to receive from MVC promotional or
other advertising materials relating to the Service or any third party
content provider. Such materials may be received via cellular, hand-held
or other device through which you access the Service.
14.
Governing Law
This TOS Agreement shall be construed and governed in accordance with
the laws of the State of
Ohio,
excluding its conflict of law provisions.
15.
Severability
Should any court of competent jurisdiction declare any term of this TOS
Agreement void or unenforceable, such declaration shall have no effect
on the remaining terms hereof and the unenforceable term shall be
construed to provide the maximum rights allowed by law.
16.
No Waiver
The failure of MVC to enforce any rights granted hereunder or to take
action against you in the event of any breach hereunder shall not be
deemed a waiver by MVC as to subsequent enforcement of rights or
subsequent actions in the event of future breaches.
17.
Questions
All questions concerning this TOS Agreement shall be directed to
support@mobilevoicecontrol.com
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