1. PROPRIETARY RIGHTS
This website and any software, information, scripting, text, photos, graphics, sounds, images and any other materials and services used in connection with this website (“Content”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You may NOT copy, display, modify, rent, lease, loan, sell, distribute or create derivative works based on Nuance logos or trademarks, any Nuance software or Content available on this website in whole or in part. You must not remove, overprint, or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of Nuance software, Content or other information from this website.
2. THIRD PARTY RESOURCES
This website may provide, or third parties may provide, links to other Internet sites or resources. Nuance is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by Nuance of those sites. Because Nuance has no control over such sites and resources, Nuance is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Nuance will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
3. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE CONTENT, MATERIALS AND INFORMATION ON THIS WEBSITE ARE PROVIDED "AS IS". THE MATERIALS PROVIDED VIA THIS WEBSITE ARE PROVIDED ON AN "AS IS” AND "AS AVAILABLE" BASIS, ARE EXPERIMENTAL, AND ARE FOR NON-COMMERCIAL USE ONLY. NUANCE MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES: (i) AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE CONTENT, MATERIALS OR INFORMATION CONTAINED ON THIS WEBSITE; (ii) THIS WEBSITE WILL MEET YOUR REQUIREMENTS; (iii) THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS. NUANCE DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NUANCE OR THROUGH OR FROM THIS WEBSITE WILL CREATE ANY WARRANTY OTHER THAN AS EXPRESSLY STATED IN THE TERMS OF A WRITTEN AGREEMENT SIGNED BY NUANCE. NUANCE'S EMPLOYEES ARE NOT AUTHORIZED TO VARY THESE TERMS.
4. LIMITATION OF THE LIABILITY
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, NUANCE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF NUANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO: (i) THE USE OF OR THE INABILITY TO USE THIS WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (iii) UNAUTHORIZED ACCESS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THIS WEBSITE. YOU AGREE TO HOLD NUANCE HARMLESS FROM, AND YOU COVENANT NOT TO SUE NUANCE FOR, ANY CLAIMS BASED ON THIS WEBSITE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree that Nuance may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, in whole or in part, at any time without notice. You agree that Nuance shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. Nuance may at any time revise this Agreement by updating this posting. By using the website, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current Agreement to which you are bound.
You agree that Nuance, in its sole discretion, may terminate or restrict your use or access to this website (or any part thereof) for any reason, including, without limitation, Nuance believes you have violated or acted inconsistently with the terms of this Agreement.
7. GENERAL INFORMATION
THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, UNITED STATES OF AMERICA, without regards to its conflicts of laws principles, and you hereby submit to the exclusive jurisdiction of the federal and state courts in said Commonwealth in connection with any dispute arising out of this Agreement. This Agreement shall not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. This Agreement is the entire agreement between Nuance and you and governs your use of the website, superseding any other agreements or communications between you and Nuance. You acknowledge and agree that you may also be subject to additional terms and conditions that may apply when you purchase and/or download products, documentation, and other material or information. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect. The failure of Nuance to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
If you have any questions, please contact Nuance at firstname.lastname@example.org.
9. COPYRIGHT NOTICE
Copyright © 2007 Nuance Communications, Inc.