Simple Type Software - End-User License Agreement (EULA)
Effective October 26, 2015 The following amends the end-user license agreement, "EULA," contained within each simpleType MP software program and is hereby incorporated by this reference. This agreement is between you, the software end-user, and Simple Dictation, Inc., licensor of Emmaus Software programs, in which Simple Dictation, Inc. is referred to as "SimpleDictation," "Emmaus," "we," "us" or "our". This agreement applies to any and all Simple Dictation, SimpleType, software programs, including updates that display or link to this agreement and that you use while this agreement is in force. All of our software is herein referred to in this agreement as the "software." Simple Dictation offers no warranty. All SimpleType software programs install as fully functional trials so you can be sure the program is suitable to your needs and computing environment prior to making a purchase; all sales are final.
KEYCODES AND APPLICATION SUPPORT
License For Use Keycodes
simpleType as part of SimpleDictation Services
Please refer to your customized solution agreement for software licensing and support.
simpleType as Standalone Purchase(s)
We provide the following licenses:
MPLite, and MPTools | An Initial keycode is provided with each new License For Use (LFU) purchase. Reissued keycodes may be requested in the event of a hard drive crash or an upgrade to a new computer system; a processing fee of $15.00 applies to ALL reissued License For Use Keycodes. No more than two (2) reissued keys maximum. Reissues will not be made for LFU's older than two (2) years from initial licensing; a new download and purchase will be required outside the two year period. We reserve the right to decline any reissue request. ALL SALES ARE FINAL.
All SimpleType applications install as a fully functional trials so you can be sure the program suits your needs and performs optimally in your computing/operating environment, prior to purchasing a License For Use. ALL SALES ARE FINAL
Support
simpleType as Standalone Purchase(s)
Support is provided via our online User Guides. User Guides are PDF files that may be downloaded to your computer for convenient access.
Email and phone support are fee-based services | Our support fee is currently $37.50 for the first hour with a 1 hour minimum [prepaid] and 25.00 per hour thereafter, charged in quarter hour increments. Application Set-Up and Remote log-in support is available for all SimpleType software and is a customized support function; please contact a sales consultant for pricing. Support will address only issues that directly relate to the SimpleType application (current version) and is not intended to be a consultation or to address other issues/matters relating to your computer's hardware or other software, or use thereof. Please refer to our Support Agreement/Disclaimer for details.
END USER LICENSE AGREEMENT "EULA"
GENERAL TERMS AND CONDITIONS APPLICABLE TO ALL SIMPLE TYPE SOFTWARE
Your possession and use of this Software is licensed, not sold, to you and is NOT granted/issued in perpetuity. Your possession and use of the Software for any purpose will be governed by the terms set forth in this document, in it's entirety, and the EULA presented within, and made part of, the software program(s):
Consent to Use of Data: You agree that Simple Dictation may collect, and use the data collected, during your registration of software for use, in order to facilitate the provision of software updates, product support, and other services to You (if any) related to the Licensed Application. Simple Dictation may use this information, as long as it is in a form that does not personally identify You, to improve its products. We may also use this information to provide YOU support and services or to inform you of product updates as well as services offered by Simple Dictation, where, under such circumstances, you will be provided an opportunity to OPT out of future notifications.
Designation of Individual User: If you are a business organization, you must designate one person, officer or employee in your organization to exercise the rights set forth in this EULA. The provisions of this EULA shall bind you and that designated person, jointly and severally.
Use of Software: Except as permitted pursuant to this EULA, you will not otherwise use or copy, translate, modify, adapt, decompile, disassemble or reverse-engineer the Software. You agree not to use the Software in violation of any law, statute, ordinance or other regulation (including export control and unfair competition laws) or any obligation to which you are bound. You agree to comply with all applicable laws and regulations regarding your use of the Software. You agree to indemnify Simple Dictation, Inc. from and against any liability that Simple Dictation, Inc. may incur arising from your breach of this EULA or your use of the Software.
Ownership: All patents, copyrights, trade secrets, service marks, trademarks, and other proprietary rights in or related to the Software are and will remain the exclusive property of Simple Dictation, Inc. or its licensors, whether or not specifically recognized or perfected under the laws of the country where the Software is located. You hereby assign and agree to assign any and all rights you may have or acquire in or to the Software to Simple Dictation, Inc. for no additional consideration. You will not take any action that jeopardizes Simple Dictation, Inc.’s or its licensors’ proprietary rights or acquire any rights in the Software, except the limited rights set forth in this EULA. Simple Dictation, Inc. or its designee will own all rights in any copy, translation, modification, adaptation or derivation of the Software, including any improvement or development thereof. At Simple Dictation, Inc.’s request, you will execute or obtain the execution of any instrument that may be appropriate to assign these rights to Simple Dictation, Inc. or its designee or to perfect these rights in Simple Dictation, Inc.’s or its designee’s name. You may make one copy of the Software for back-up and archival purposes. You may not remove, modify or alter any Simple Dictation, Inc. copyright or trademark notice from any part of the Software, including but not limited to any such notices contained in the physical and/or electronic media or documentation.
Confidentiality: You acknowledge that the Software is and incorporates confidential and proprietary information developed, acquired by or licensed to Simple Dictation, Inc. You will take all reasonable precautions necessary to safeguard the confidentiality of the Software, and will not disclose any information about the Software or the Software evaluations or reports to any other person without Simple Dictation, Inc.’s prior written consent. You will not allow the removal or defacement of any confidentiality or proprietary notice placed on the Software. The placement of a copyright notice on the Software will not constitute publication or otherwise impair its confidential nature. You acknowledge that any breach of this Section will cause irreparable harm to Simple Dictation, Inc. and its licensors.
Transfer of Software: You may not transfer, sell, or assign any license rights to another party.
WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Upgrades and Subscription: If the Software is labeled or otherwise identified by Simple Dictation, Inc. as an “upgrade” or “subscription,” you must be properly licensed to use a product identified by Simple Dictation, Inc. as being eligible for the upgrade in order to use the Software. Any Software labeled or otherwise identified by Simple Dictation, Inc. as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for such upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the Software is an upgrade of a component of a package of software programs that you licensed as a single product, the Software may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
Dual-Media Software: You may receive the Software in more than one medium. Regardless of the type or size of the medium you receive, you may use only that one medium that is appropriate for your single computer. You may not use or install from the other medium on another computer, including but not limited to portable computers under the exclusive control of the registered developer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the Software.
U.S. Government Restricted Rights. The Software and documentation are provided with RESTRICTED RIGHTS. U.S. Government users will receive no greater than Restricted Rights as defined in FAR 52.227-14, FAR 52.227-19(c)(1-2) (Jun 1987) or DFAR 252.227-7013(c)(1)(ii) (Oct 1988), DFAR 252.221-7015(c) (May 1991), DFAR 252.227-7014, or DFAR 252.227-7018 as applicable in any Software. Government users will secure no greater than limited rights as defined in FAR 52.227-14, DFAR 252.227-7015, DFAR 252.227-7018, or DFAR 252.227-7013 as applicable in any technical data in or related to the Software. Manufacturer is: Simple Dictation, Inc., www.simpledictation.com, Jacksonville, FL 32244, USA.
The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
U. S. Export Restrictions: You will fully comply with all relevant export laws and regulations, including but not limited to the U.S. Export Administration Regulations and Executive Orders (“Export Controls”). You warrant that you are not a person, company or destination restricted or prohibited by Export Controls (“Restricted Person”). You will not, directly or indirectly, export, re-export, divert, or transfer the Software, any portion thereof or any materials, items or technology relating to Simple Dictation, Inc.’s business or related technical data or any direct product thereof to any Restricted Person.
Termination: In addition to any other rights or remedies it may have under applicable law, Simple Dictation, Inc. may terminate this EULA if you fail to comply with its terms and conditions. In that event, you will destroy any and all copies of the Software and all of its component parts. You agree to promptly un-install and delete all copies of the Software in your possession and discontinue any further use of the Software.
Miscellaneous:
(a) Relationship of Parties. You and Simple Dictation, Inc. are independent parties. Nothing in this EULA shall be construed as making you an employee, agent or legal representative of Simple Dictation, Inc.
(b) No Third-Party Beneficiaries. There are no third-party beneficiaries of this EULA.
(c) Jurisdiction of Courts. You hereby consent to the exclusive jurisdiction of the courts situated in Duval County, Florida for the resolution of any dispute arising out of or related to this EULA.
(d) Entire Agreement. This EULA constitutes the complete and entire understanding and agreement of all terms, conditions and representations between you and Simple Dictation, Inc. with respect to the Software.
(e) Controlling Law. This EULA will be construed and enforced in accordance with the internal laws of the State of Florida.
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