| Language: |
End User License Agreement for MAGIX Products
1. Definitions
The following definitions shall apply to this license agreement:
1.1 "MAGIX Product" refers to the product licensed under this agreement, consisting of Software and, if applicable, additional Contents.
1.2 "Software" refers to the computer program in object code format contained within a MAGIX Product, including all updates and upgrades, with the exception of provided Contents.
1.3. Within this agreement, "Contents" refers to those Contents which are included in a MAGIX Product in addition to the Software, such as music files, video files and photo files, as well as other sounds and templates that contain such files.
1.4 "Computer" refers to any physical or virtual device that can process data with the assistance of a programmable calculation specification (e.g. PC, laptop, workstation, an instance of a virtual machine, etc.) in conjunction with a CPU or multi-core processor. The following applies to networks: if several network Computers have access to a server on which the MAGIX Product is installed, each of these network Computers (workstations) counts as a Computer for the purpose of this license agreement. In such a case, a separate license is required for each network Computer.
1.5 "Upgrades", for the purpose of this agreement, are supplementary versions of a MAGIX Product.
1.6 "License seat" refers to the license assigned to a specific Computer belonging to the customer following activation of the MAGIX Product.
1.7 "Commercial Use", for the purpose of this agreement, means any commercial use and any use of the Software or Contents for the direct or indirect purpose of financial benefit (e.g. by means of sale, licensing, advertising, etc.).
2. Contract purpose
2.1 Subject to the conditions of this agreement and for the duration of this agreement, MAGIX grants you (the customer) the non-exclusive and non-transferable right to use the respective MAGIX Product on the number of Computers specified in the serial number. MAGIX retains ownership, copyright and other proprietary rights related to the Software. You (the customer) acknowledge MAGIX's ownership as well as all proprietary rights to the Software, backup copies and documentation. The buyer of the Software is solely responsible for the proper contractual use of the MAGIX Product.
2.2. With regard to upgrades, the following applies: Only owners of the basic product are authorized to receive each upgrade. Use of an upgrade depends on you being the owner and user of the basic product. An isolated circulation of an upgrade to third parties is not permitted.
2.3 With regard to updates and features delivered within the scope of the MAGIX update guarantee, the following applies: The license for updates and features delivered within the 12 months after initial registration of the MAGIX product is limited to the installation(s) in place at the point when the 12-month period expires. If the update guarantee is extended beyond the 12-month period, this limitation does not apply.
3. Installation and Registration
--
4. License verification
Some MAGIX Product licenses have to be validated periodically. This ensures that the original Software is being used and that it is being used according to the license terms and conditions. This requires an Internet connection.
5. Using the Software and Contents for commercial purposes
5.1 Software
In principle, the Software may be used for commercial purposes. The only exception to this is the product "Web Designer" (not "Web Designer Premium"), which may only be used for non-commercial purposes.
5.2 Contents
a) In principle, the Contents - with the exception of Live Sets - may only be used for non-commercial purposes. This also applies to music, video or photo data as well as the corresponding templates acquired through or by means of MAGIX Products.
b) The Contents included with the products "Web Designer Premium" and "Photo & Graphic Designer" may be used used for commercial purposes within the scope of a website or the creation/editing of one's own photos and graphics. A transfer to third parties for commercial purposes (e.g. within the scope of contractual work) is not permitted.
c) Exploitation of Contents outside the scope of personally created work, i.e. separate from the work results achieved with the Software, is prohibited in all cases. In particular, the photos contained in the templates may not be extracted and used separately. This applies to both commercial and non-commercial uses.
6. Prohibition to copy and rent; amendment prohibition
6.1 You are prohibited from copying the MAGIX Product and the written documentation either partially or in its entirety. Creation of a Software copy for back-up purposes is excluded from this provision.
6.2 The MAGIX Product as well as the written documentation cannot be commercially rented out or commercially lent in any other form to a third party in exchange for payment. This also applies to lending of the Software in a pre-installed form on a Computer that is commercially offered to third parties in exchange for payment.
6.3 In accordance with §§ 69d & e UrhG (German Copyright Act), you may not make any changes to the licensed Software, personally or by third parties. You may not disassemble the Software into its components, nor modify the object code, decode, copy or use it in any way other than that foreseen in the contract.
7. Transfer and subsidiary agreements
--
8. Guarantee and liability
8.1 You are aware that state of the art Software programs and associated documentation may contain errors, and that it is not possible to develop data processing programs in such a way that they are error-free for all application conditions and all customer requirements, or error-free in conjunction with all third-party programs and hardware. MAGIX provides no assurances of particular features and usability related to planned customer-specific applications.
8.2 In case of paid products and services, MAGIX is only liable to slight negligible damages incurred by it or its assistant(s) if a duty is violated, even if it is extra-contractual, the adherence to which is of special importance in order to be in compliance with contractual use (Cardinal duty), as well in cases of damage to life, body and health.
8.3 For non-observance of a cardinal obligation, the liability is limited to the damage which must be typically expected within the scope of this agreement if there is no intention or gross negligence or if MAGIX must incur liability because of fatal injury, physical injury or health hazards.
8.4 MAGIX shall not be liable for damage which can be controlled by the other contracting party or which the other contracting party could have prevented by taking measures which can be reasonably expected. MAGIX is liable for data loss only to the extent of costs incurred during restoration if backups are available.
8.5 In any event, MAGIX's liability is limited to four times the amount paid for the license fee by the customer. This exclusion does not apply to damage caused through intent or gross negligence on the part of MAGIX.
8.6 In case of paid products and services, the guarantee against deficiency in material and defects in title is limited to fraudulent concealment of defects by MAGIX in consideration of free licensing of the product. Otherwise, liability of MAGIX is limited to instances of premeditation and gross negligence in consideration of the free licensing.
8.7 Statutory liability in case of personal damages and damages pursuant to the Product Liability Act remains unaffected.
8.8 A change in the burden of proof to the disadvantage of the customer is not related to the foregoing provision.
8.9 Insofar as MAGIX Products contain functions that operate via an online server, MAGIX retains the right to end the offering at any time. Availability will not be guaranteed.
9. Licence conditions of other manufacturers
If the MAGIX Product contains additional Software from other manufacturers, should additional Software be integrated, or should the MAGIX Product contain links to third parties, then compliance with the terms of use and license conditions of the manufacturer of said delivered additional Software or with the terms of use and license conditions of the third party is also compulsory. If the MAGIX Product contains additional Software, you can view the respective use and licensing terms in the corresponding file.
10. Support
MAGIX offers electronic Internet support during the warranty period. This encompasses clarification of installation questions and installation problems by Internet or email. The rendering of support is at the sole discretion of MAGIX and is not connected with any guarantee or warranty.
11. Other
11.1 This agreement constitutes the entire agreement of the parties regarding the contract purpose. Collateral agreements shall not exist. No verbal or written statements made by MAGIX or any MAGIX employee can alter or question the validity of this license agreement.
11.2 Should one or more of the conditions in this agreement be or become invalid, this will not affect the validity of the remaining agreement. A substitute provision will replace the invalid condition, such as comes closest to the intended purpose. The contract is subject to the law of the Federal Republic of Germany.
________________________________________________________________________________
Microsoft Speech Software Development Kit, Version 5.0
END-USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE
IMPORTANT-READ CAREFULLY: This Microsoft End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation for the Microsoft software product identified above, which includes DEVICE software (including SAPI 5.0, Microsoft continuous speech recognition engine and Microsoft concatenative speech synthesis engine), and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to you by Microsoft. Any software that may be provided along with the SOFTWARE PRODUCT that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
- SOFTWARE PRODUCT. You may install copies of the SOFTWARE PRODUCT on up to ten (10) digital electronic devices, including computers, workstations, terminals, handheld PCs, pagers, "smart phones," or other digital electronic devices (each a "DEVICE") to design, develop, and test software programs that use the Microsoft Speech Application Programming Interface ("SAPI 5.0") and run on one or more Microsoft Windows operating system products that support SAPI 5.0 ("Windows Platforms"), provided that you are the only individual using the SOFTWARE PRODUCT on each such DEVICE . If you are a single entity, you may designate one individual within your organization to have the right to use the SOFTWARE PRODUCT in the manner described herein.
- Sample Code. Solely with respect to those portions of the SOFTWARE PRODUCT identified as sample code ("Sample Code"), Microsoft also grants you the right to modify the source code version of the Sample Code for the sole purposes of designing, developing, and testing software programs that use SAPI 5.0 (each, "a SAPI Application") and to reproduce and distribute the Sample Code along with any modifications thereof, in object code form only, provided that you comply with the Distribution Requirements described below. For purposes of this section, "modifications" shall mean enhancements to the functionality of the Sample Code.
- Redistributable Code. Portions of the SOFTWARE PRODUCT are designated as "Redistributable Code" file located in REDISTRIB.CHM Your distribution rights associated with each file of the Redistributable Code are subject to the distribution requirements described below.
- Distribution Requirements. You may copy and redistribute the Sample Code and/or Redistributable Code (collectively "REDISTRIBUTABLE COMPONENTS") as described above, provided that (a) you distribute the REDISTRIBUTABLE COMPONENTS only in conjunction with, and as a part of, your SAPI Application; (b) your SAPI Application adds significant and primary functionality to the REDISTRIBUTABLE COMPONENTS; (c) the REDISTRIBUTABLE COMPONENTS only operate in conjunction with the Windows Platforms; (d) you do not permit further redistribution of the REDISTRIBUTABLE COMPONENTS by your end-user customers; (e) you do not use Microsoft's name, logo, or trademarks to market your SAPI Application; (f) you include a valid copyright notice on your SAPI Application; (g) you include the entire text located in REDISTRIB.CHM in your SAPI Application End User License Agreement; and (h) you agree to indemnify, hold harmless, and defend Microsoft from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of your SAPI Application. Contact Microsoft for the applicable royalties due and other licensing terms for all other uses and/or distribution of the REDISTRIBUTABLE COMPONENTS.
- Reservation of Rights. All rights not expressly granted are reserved by Microsoft.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one DEVICE.
- Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of Microsoft.
- Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
- Support Services. No technical support will be provided for the SOFTWARE PRODUCT.
- Termination. Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
3. COPYRIGHT.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Microsoft or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this SOFTWARE PRODUCT contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
4. DUAL-MEDIA SOFTWARE.
You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single DEVICE. You may not install, copy or use the other medium on another DEVICE. 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 PRODUCT.
5. U.S. GOVERNMENT RESTRICTED RIGHTS.
All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. The reseller is responsible for ensuring SOFTWARE PRODUCT is marked with the "Restricted Rights Notice" or "Restricted Rights Legend," as required. All rights not expressly granted are reserved.
6. EXPORT RESTRICTIONS.
You acknowledge that the SOFTWARE PRODUCT is of U.S. origin. You agree to comply with all applicable international and national laws that apply to the SOFTWARE PRODUCT, including the U.S. Export Administration Regulations, as well as end-user, end-use and country destination restrictions issued by U.S. and other governments. For additional information on exporting Microsoft products, see http://www.microsoft.com/exporting/.
MISCELLANEOUS.
If you acquired this SOFTWARE PRODUCT in the United States, this EULA is governed by the laws of the State of Washington. If you acquired this SOFTWARE PRODUCT in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If this SOFTWARE PRODUCT was acquired outside the United States, then local law may apply.
Should you have any questions concerning this EULA, or if you desire to contact Microsoft for any reason, please contact the Microsoft subsidiary serving your country, or write:
Microsoft
Speech Dot Net
One Microsoft Way
Redmond, WA 98052-6399.
NO WARRANTIES. MICROSOFT EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EXCLUSION DE GARANTIE. MICROSOFT EXCLUT EXPRESSÉMENT TOUTE GARANTIE RELATIVE AU PRODUIT LOGICIEL. LE PRODUIT LOGICIEL ET LA DOCUMENTATION Y AFFÉRENTE SONT FOURNIS "EN L'ÉTAT", SANS GARANTIE D'AUCUNE SORTE, EXPRESSE OU IMPLICITE, NOTAMMENT SANS AUCUNE GARANTIE IMPLICITE DE QUALITÉ, D'ADÉQUATION À UN USAGE PARTICULIER OU D'ABSENCE DE CONTREFAÇON. VOUS ASSUMEZ L'ENSEMBLE DES RISQUES DÉCOULANT DE L'UTILISATION OU DES PERFORMANCES DU PRODUIT LOGICIEL. LE PRÉSENT ARTICLE EST SANS PRÉJUDICE DE LA GARANTIE LÉGALE CONTRE LES VICES CACHÉS DONT VOUS POURRIEZ BÉNÉFICIER, LE CAS ÉCHÉANT.
LIMITATION DE RESPONSABILITÉ. DANS TOUTE LA MESURE PERMISE PAR LA RÉGLEMENTATION EN VIGUEUR, MICROSOFT OU SES FOURNISSEURS NE POURRONT EN AUCUN CAS ÊTRE TENUS POUR RESPONSABLES DE TOUT DOMMAGE, DE QUELQUE NATURE QUE CE SOIT, (NOTAMMENT ET DE MANIÈRE NON LIMITATIVE, TOUTE PERTE DE BÉNÉFICES, INTERRUPTION D'ACTIVITÉ, PERTE D'INFORMATIONS COMMERCIALES OU TOUTE AUTRE PERTE PÉCUNIAIRE) RÉSULTANT DE L'UTILISATION OU DE L'IMPOSSIBILITÉ D'UTILISER LE PRODUIT LOGICIEL OU DE LA FOURNITURE OU DU DÉFAUT DE FOURNITURE DES SERVICES D'ASSISTANCE, MÊME SI MICROSOFT A ÉTÉ PRÉVENU DE L'ÉVENTUALITÉ DE TELS DOMMAGES. CERTAINS PAYS ET CERTAINES JURIDICTIONS N'AUTORISENT PAS LES EXCLUSIONS OU LIMITATIONS DE RESPONSABILITÉ, DE SORTE QUE LA LIMITATION CI-DESSUS PEUT NE PAS VOUS ÊTRE APPLICABLE.
1. Definitions
The following definitions shall apply to this license agreement:
1.1 "MAGIX Product" refers to the product licensed under this agreement, consisting of Software and, if applicable, additional Contents.
1.2 "Software" refers to the computer program in object code format contained within a MAGIX Product, including all updates and upgrades, with the exception of provided Contents.
1.3. Within this agreement, "Contents" refers to those Contents which are included in a MAGIX Product in addition to the Software, such as music files, video files and photo files, as well as other sounds and templates that contain such files.
1.4 "Computer" refers to any physical or virtual device that can process data with the assistance of a programmable calculation specification (e.g. PC, laptop, workstation, an instance of a virtual machine, etc.) in conjunction with a CPU or multi-core processor. The following applies to networks: if several network Computers have access to a server on which the MAGIX Product is installed, each of these network Computers (workstations) counts as a Computer for the purpose of this license agreement. In such a case, a separate license is required for each network Computer.
1.5 "Upgrades", for the purpose of this agreement, are supplementary versions of a MAGIX Product.
1.6 "License seat" refers to the license assigned to a specific Computer belonging to the customer following activation of the MAGIX Product.
1.7 "Commercial Use", for the purpose of this agreement, means any commercial use and any use of the Software or Contents for the direct or indirect purpose of financial benefit (e.g. by means of sale, licensing, advertising, etc.).
2. Contract purpose
2.1 Subject to the conditions of this agreement and for the duration of this agreement, MAGIX grants you (the customer) the non-exclusive and non-transferable right to use the respective MAGIX Product on the number of Computers specified in the serial number. MAGIX retains ownership, copyright and other proprietary rights related to the Software. You (the customer) acknowledge MAGIX's ownership as well as all proprietary rights to the Software, backup copies and documentation. The buyer of the Software is solely responsible for the proper contractual use of the MAGIX Product.
2.2. With regard to upgrades, the following applies: Only owners of the basic product are authorized to receive each upgrade. Use of an upgrade depends on you being the owner and user of the basic product. An isolated circulation of an upgrade to third parties is not permitted.
2.3 With regard to updates and features delivered within the scope of the MAGIX update guarantee, the following applies: The license for updates and features delivered within the 12 months after initial registration of the MAGIX product is limited to the installation(s) in place at the point when the 12-month period expires. If the update guarantee is extended beyond the 12-month period, this limitation does not apply.
3. Installation and Registration
--
4. License verification
Some MAGIX Product licenses have to be validated periodically. This ensures that the original Software is being used and that it is being used according to the license terms and conditions. This requires an Internet connection.
5. Using the Software and Contents for commercial purposes
5.1 Software
In principle, the Software may be used for commercial purposes. The only exception to this is the product "Web Designer" (not "Web Designer Premium"), which may only be used for non-commercial purposes.
5.2 Contents
a) In principle, the Contents - with the exception of Live Sets - may only be used for non-commercial purposes. This also applies to music, video or photo data as well as the corresponding templates acquired through or by means of MAGIX Products.
b) The Contents included with the products "Web Designer Premium" and "Photo & Graphic Designer" may be used used for commercial purposes within the scope of a website or the creation/editing of one's own photos and graphics. A transfer to third parties for commercial purposes (e.g. within the scope of contractual work) is not permitted.
c) Exploitation of Contents outside the scope of personally created work, i.e. separate from the work results achieved with the Software, is prohibited in all cases. In particular, the photos contained in the templates may not be extracted and used separately. This applies to both commercial and non-commercial uses.
6. Prohibition to copy and rent; amendment prohibition
6.1 You are prohibited from copying the MAGIX Product and the written documentation either partially or in its entirety. Creation of a Software copy for back-up purposes is excluded from this provision.
6.2 The MAGIX Product as well as the written documentation cannot be commercially rented out or commercially lent in any other form to a third party in exchange for payment. This also applies to lending of the Software in a pre-installed form on a Computer that is commercially offered to third parties in exchange for payment.
6.3 In accordance with §§ 69d & e UrhG (German Copyright Act), you may not make any changes to the licensed Software, personally or by third parties. You may not disassemble the Software into its components, nor modify the object code, decode, copy or use it in any way other than that foreseen in the contract.
7. Transfer and subsidiary agreements
--
8. Guarantee and liability
8.1 You are aware that state of the art Software programs and associated documentation may contain errors, and that it is not possible to develop data processing programs in such a way that they are error-free for all application conditions and all customer requirements, or error-free in conjunction with all third-party programs and hardware. MAGIX provides no assurances of particular features and usability related to planned customer-specific applications.
8.2 In case of paid products and services, MAGIX is only liable to slight negligible damages incurred by it or its assistant(s) if a duty is violated, even if it is extra-contractual, the adherence to which is of special importance in order to be in compliance with contractual use (Cardinal duty), as well in cases of damage to life, body and health.
8.3 For non-observance of a cardinal obligation, the liability is limited to the damage which must be typically expected within the scope of this agreement if there is no intention or gross negligence or if MAGIX must incur liability because of fatal injury, physical injury or health hazards.
8.4 MAGIX shall not be liable for damage which can be controlled by the other contracting party or which the other contracting party could have prevented by taking measures which can be reasonably expected. MAGIX is liable for data loss only to the extent of costs incurred during restoration if backups are available.
8.5 In any event, MAGIX's liability is limited to four times the amount paid for the license fee by the customer. This exclusion does not apply to damage caused through intent or gross negligence on the part of MAGIX.
8.6 In case of paid products and services, the guarantee against deficiency in material and defects in title is limited to fraudulent concealment of defects by MAGIX in consideration of free licensing of the product. Otherwise, liability of MAGIX is limited to instances of premeditation and gross negligence in consideration of the free licensing.
8.7 Statutory liability in case of personal damages and damages pursuant to the Product Liability Act remains unaffected.
8.8 A change in the burden of proof to the disadvantage of the customer is not related to the foregoing provision.
8.9 Insofar as MAGIX Products contain functions that operate via an online server, MAGIX retains the right to end the offering at any time. Availability will not be guaranteed.
9. Licence conditions of other manufacturers
If the MAGIX Product contains additional Software from other manufacturers, should additional Software be integrated, or should the MAGIX Product contain links to third parties, then compliance with the terms of use and license conditions of the manufacturer of said delivered additional Software or with the terms of use and license conditions of the third party is also compulsory. If the MAGIX Product contains additional Software, you can view the respective use and licensing terms in the corresponding file.
10. Support
MAGIX offers electronic Internet support during the warranty period. This encompasses clarification of installation questions and installation problems by Internet or email. The rendering of support is at the sole discretion of MAGIX and is not connected with any guarantee or warranty.
11. Other
11.1 This agreement constitutes the entire agreement of the parties regarding the contract purpose. Collateral agreements shall not exist. No verbal or written statements made by MAGIX or any MAGIX employee can alter or question the validity of this license agreement.
11.2 Should one or more of the conditions in this agreement be or become invalid, this will not affect the validity of the remaining agreement. A substitute provision will replace the invalid condition, such as comes closest to the intended purpose. The contract is subject to the law of the Federal Republic of Germany.
________________________________________________________________________________
Microsoft Speech Software Development Kit, Version 5.0
END-USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE
IMPORTANT-READ CAREFULLY: This Microsoft End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation for the Microsoft software product identified above, which includes DEVICE software (including SAPI 5.0, Microsoft continuous speech recognition engine and Microsoft concatenative speech synthesis engine), and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to you by Microsoft. Any software that may be provided along with the SOFTWARE PRODUCT that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
- SOFTWARE PRODUCT. You may install copies of the SOFTWARE PRODUCT on up to ten (10) digital electronic devices, including computers, workstations, terminals, handheld PCs, pagers, "smart phones," or other digital electronic devices (each a "DEVICE") to design, develop, and test software programs that use the Microsoft Speech Application Programming Interface ("SAPI 5.0") and run on one or more Microsoft Windows operating system products that support SAPI 5.0 ("Windows Platforms"), provided that you are the only individual using the SOFTWARE PRODUCT on each such DEVICE . If you are a single entity, you may designate one individual within your organization to have the right to use the SOFTWARE PRODUCT in the manner described herein.
- Sample Code. Solely with respect to those portions of the SOFTWARE PRODUCT identified as sample code ("Sample Code"), Microsoft also grants you the right to modify the source code version of the Sample Code for the sole purposes of designing, developing, and testing software programs that use SAPI 5.0 (each, "a SAPI Application") and to reproduce and distribute the Sample Code along with any modifications thereof, in object code form only, provided that you comply with the Distribution Requirements described below. For purposes of this section, "modifications" shall mean enhancements to the functionality of the Sample Code.
- Redistributable Code. Portions of the SOFTWARE PRODUCT are designated as "Redistributable Code" file located in REDISTRIB.CHM Your distribution rights associated with each file of the Redistributable Code are subject to the distribution requirements described below.
- Distribution Requirements. You may copy and redistribute the Sample Code and/or Redistributable Code (collectively "REDISTRIBUTABLE COMPONENTS") as described above, provided that (a) you distribute the REDISTRIBUTABLE COMPONENTS only in conjunction with, and as a part of, your SAPI Application; (b) your SAPI Application adds significant and primary functionality to the REDISTRIBUTABLE COMPONENTS; (c) the REDISTRIBUTABLE COMPONENTS only operate in conjunction with the Windows Platforms; (d) you do not permit further redistribution of the REDISTRIBUTABLE COMPONENTS by your end-user customers; (e) you do not use Microsoft's name, logo, or trademarks to market your SAPI Application; (f) you include a valid copyright notice on your SAPI Application; (g) you include the entire text located in REDISTRIB.CHM in your SAPI Application End User License Agreement; and (h) you agree to indemnify, hold harmless, and defend Microsoft from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of your SAPI Application. Contact Microsoft for the applicable royalties due and other licensing terms for all other uses and/or distribution of the REDISTRIBUTABLE COMPONENTS.
- Reservation of Rights. All rights not expressly granted are reserved by Microsoft.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one DEVICE.
- Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of Microsoft.
- Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
- Support Services. No technical support will be provided for the SOFTWARE PRODUCT.
- Termination. Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
3. COPYRIGHT.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Microsoft or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this SOFTWARE PRODUCT contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
4. DUAL-MEDIA SOFTWARE.
You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single DEVICE. You may not install, copy or use the other medium on another DEVICE. 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 PRODUCT.
5. U.S. GOVERNMENT RESTRICTED RIGHTS.
All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. The reseller is responsible for ensuring SOFTWARE PRODUCT is marked with the "Restricted Rights Notice" or "Restricted Rights Legend," as required. All rights not expressly granted are reserved.
6. EXPORT RESTRICTIONS.
You acknowledge that the SOFTWARE PRODUCT is of U.S. origin. You agree to comply with all applicable international and national laws that apply to the SOFTWARE PRODUCT, including the U.S. Export Administration Regulations, as well as end-user, end-use and country destination restrictions issued by U.S. and other governments. For additional information on exporting Microsoft products, see http://www.microsoft.com/exporting/.
MISCELLANEOUS.
If you acquired this SOFTWARE PRODUCT in the United States, this EULA is governed by the laws of the State of Washington. If you acquired this SOFTWARE PRODUCT in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If this SOFTWARE PRODUCT was acquired outside the United States, then local law may apply.
Should you have any questions concerning this EULA, or if you desire to contact Microsoft for any reason, please contact the Microsoft subsidiary serving your country, or write:
Microsoft
Speech Dot Net
One Microsoft Way
Redmond, WA 98052-6399.
NO WARRANTIES. MICROSOFT EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EXCLUSION DE GARANTIE. MICROSOFT EXCLUT EXPRESSÉMENT TOUTE GARANTIE RELATIVE AU PRODUIT LOGICIEL. LE PRODUIT LOGICIEL ET LA DOCUMENTATION Y AFFÉRENTE SONT FOURNIS "EN L'ÉTAT", SANS GARANTIE D'AUCUNE SORTE, EXPRESSE OU IMPLICITE, NOTAMMENT SANS AUCUNE GARANTIE IMPLICITE DE QUALITÉ, D'ADÉQUATION À UN USAGE PARTICULIER OU D'ABSENCE DE CONTREFAÇON. VOUS ASSUMEZ L'ENSEMBLE DES RISQUES DÉCOULANT DE L'UTILISATION OU DES PERFORMANCES DU PRODUIT LOGICIEL. LE PRÉSENT ARTICLE EST SANS PRÉJUDICE DE LA GARANTIE LÉGALE CONTRE LES VICES CACHÉS DONT VOUS POURRIEZ BÉNÉFICIER, LE CAS ÉCHÉANT.
LIMITATION DE RESPONSABILITÉ. DANS TOUTE LA MESURE PERMISE PAR LA RÉGLEMENTATION EN VIGUEUR, MICROSOFT OU SES FOURNISSEURS NE POURRONT EN AUCUN CAS ÊTRE TENUS POUR RESPONSABLES DE TOUT DOMMAGE, DE QUELQUE NATURE QUE CE SOIT, (NOTAMMENT ET DE MANIÈRE NON LIMITATIVE, TOUTE PERTE DE BÉNÉFICES, INTERRUPTION D'ACTIVITÉ, PERTE D'INFORMATIONS COMMERCIALES OU TOUTE AUTRE PERTE PÉCUNIAIRE) RÉSULTANT DE L'UTILISATION OU DE L'IMPOSSIBILITÉ D'UTILISER LE PRODUIT LOGICIEL OU DE LA FOURNITURE OU DU DÉFAUT DE FOURNITURE DES SERVICES D'ASSISTANCE, MÊME SI MICROSOFT A ÉTÉ PRÉVENU DE L'ÉVENTUALITÉ DE TELS DOMMAGES. CERTAINS PAYS ET CERTAINES JURIDICTIONS N'AUTORISENT PAS LES EXCLUSIONS OU LIMITATIONS DE RESPONSABILITÉ, DE SORTE QUE LA LIMITATION CI-DESSUS PEUT NE PAS VOUS ÊTRE APPLICABLE.