THE SOFTWARE IS LICENSED, NOT SOLD, AND AVAILABLE FOR USE ONLY UNDER THE TERMS OF THIS LICENSE AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This ScanSoft, Inc. ("ScanSoft") End User License Agreement accompanies a ScanSoft software product and related explanatory written materials ("Software"). The term "Software" shall also include any modified versions or updates of the Software licensed to you by ScanSoft, but does not include source code for the ScanSoft software product. This copy of the Software is licensed to you as the end user.
1. License Grant. Provided that you agree to the following terms and conditions, ScanSoft grants to you a nonexclusive license to:
Install and use one copy of the Software on a single computer;
Store or install a copy of the Software on a storage device such as a network server, used only to install or run the Software on your other computers over an internal network, however, you must acquire and dedicate a license for each separate computer on which the Software is installed or run from the storage device. A license for the Software may not be shared or used concurrently on different computers; and
Make a single copy of the Software solely for archival purposes.
Multiple License Pack. If you have paid for a Multiple License Pack, you may make additional copies of the Software up to the number of licenses purchased, and you may use each copy in the manner specified above.
2. Termination. Without prejudice to any other rights, ScanSoft may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of the Software.
3. Rent/Transfer. You may not rent, lease, or sublicense the Software. You may, however, transfer all your rights to use the Software to another person or entity, provided (1) the third party receives a copy of this Agreement and agrees to be bound by its terms and conditions, and (2) you erase or destroy all other copies of the Software, (3) you at all times comply with all applicable United States export control laws and regulations, and (4) if the Software is an upgrade, any transfer must include all prior versions of the Software.
4. Copyright. The Software is owned by ScanSoft and its suppliers, and the Software structure, organization and code are the valuable assets of ScanSoft and its suppliers. The Software is also protected by United States Copyright Law (Title 17, U.S. Code) and certain International Treaty provisions. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. Except as stated in Section 1 above, this Agreement does not grant you any intellectual property rights in the Software. Therefore, you must treat the Software like any other copyrighted material. You may not copy the printed materials accompanying the Software.
5. No Warranty. The Software is being delivered to you "AS IS". SCANSOFT AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. SCANSOFT AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL SCANSOFT OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A SCANSOFT REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
6. Governing Law and General Provisions. This Agreement will be governed by the laws of the State of Massachusetts, USA., excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of ScanSoft.
7. U.S. Government Restricted Rights. The Software and documentation are provided with Restricted Rights. If this product is acquired under the terms of a: GSA contract- Use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract; DoD contract- Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of 252.227-7013; Civilian agency contract- Use, reproduction, or disclosure is subject to 52.227-19 (a) through (d) and restrictions set forth in the accompanying end user agreement. Unpublished-rights reserved under the copyright laws of the United States.
ScanSoft, Inc., 9 Centennial Drive, Peabody, MA 01960 USA
(c) 2000 ScanSoft, Inc. All rights reserved. 0399-td-license\scansoft_lics2.
