Nuance Communications, Inc.
Nuance Communications, Inc. End User License Agreement Revised October, 2010
END-USER LICENSE AGREEMENT
PDF READER
The software and materials provided with this agreement are licensed,
not sold, and are available for use only under the terms of this license
agreement. Please read this agreement carefully. By downloading,
installing, copying, or otherwise using the software, you agree to be
bound by the terms and conditions of this agreement and become a party
to this agreement. If you do not agree with all of the terms and conditions
of this agreement, do not download, install, copy or otherwise use the
software.
This Nuance Communications, Inc. (“Nuance”) End User License
Agreement (“Agreement”) accompanies a Nuance software product in
machine-executable binary code and related explanatory written
materials (“Software”). The term “Software” shall also include any
modified versions or updates of the Software licensed to you (“Licensee”)
by Nuance, but does not include source code for the Nuance software
product. You may install and use a modified version, update, or upgrade
of the Software only if you have a validly licensed full version of the
Software being modified, updated, or upgraded. If you download, install,
copy, or otherwise use a modified version, update, or upgrade of the
Software, then this Agreement terminates as to the previous version of
the Software, and you have a license only to such modified version,
update, or upgrade of the Software under the terms of this Agreement.
This copy of the Software is licensed to you, Licensee, as the end user,
subject to all of the terms and conditions of this Agreement.
LICENSE GRANT. Subject to the terms and conditions of this
Agreement, Nuance grants Licensee a non-exclusive and non-
transferable license only to: (a) install and use for personal or internal
business purposes one copy of the Software on a single computer;
(b) install and use for personal or internal business purposes one copy of
the Software on either a single portable computer or a single home
computer, provided that such copy is not used concurrently with the copy
in section (a) above; (c) make a single copy of the Software solely for
archival purposes; and (d) 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, provided that
you acquire and dedicate a separate license for each separate computer
on which the Software is installed, run or otherwise accessed from the
storage device. A single license for the Software does not allow you to
share the Software or use it concurrently on different computers or for
others other than the Licensee to access, install, download, copy or
otherwise use the functionality of the Software. The Software is provided
free of charge for individual and internal use within organizations as a
desktop PDF reader only; it may NOT be bundled by any party with other
software or hardware product, utility, device or service of any kind without
the express written consent from Nuance.
ACTIVATION. According to its discretion, Nuance may include features
in the Software to prevent unlicensed use of the Software. You agree that
Nuance may do so. In particular, use of the Software may require that
Licensee activate the Software through the Internet (this process may be
more fully described during the installation set up of the Software).
During such activation, Nuance may collect certain non-personal
technical information from your computer concerning your computer or
network. You agree that Nuance may do so. You may be required to
reactivate the Software if you modify your computer hardware or the
Software.
NOTIFICATIONS. According to Nuance’s discretion, the Software may
contain a component that will automatically activate your Internet browser
and attempt to initiate a connection through the Internet to a website
maintained by Nuance that contains notification information related to the
Software. This connection may be made using the Internet connections
and telephone lines under your control. From time to time, you may
receive notices about the Software or other information through this
Internet connection. By installing the Software on your computer, you
hereby consent to have the Software initiate a connection through the
Internet to Nuance’s website, to use your resources to connect to such
website, and to receive notices about the Software and other information
through this Internet connection.
RESTRICTIONS. Except as otherwise expressly permitted in this
Agreement, Licensee may not: (a) reproduce or copy any of the
Software; (b) modify or create any derivative works of the Software,
including translation or localization; (c) decompile, disassemble, reverse
engineer, or otherwise attempt to derive the source code for the
Software; (d) redistribute, encumber, sell, rent, lease, sublicense, or
otherwise transfer rights to the Software; (e) remove or alter any
trademark, logo, copyright or other proprietary notices, legends, symbols
or labels in the Software; (f) without Nuance’s prior written consent
(which may be given or withheld in Nuance’s sole discretion) either (a)
provide service bureau services using the Software, or (b) otherwise
enter into an agreement with a third party to use the Software on such
third party’s behalf for the primary purpose of obviating the third party’s
need to license the Software itself; (g) copy the printed materials
accompanying the Software; (h) use the OCX component of the reader in
non-browser applications or (i) embed the Software into another
application without Nuance’s prior written consent. As between Licensee
and Nuance, any changes to, modifications to, or derivative works of the
Software shall become the exclusive property of Nuance.
TERMINATION. Without prejudice to any other rights, Nuance may
terminate this Agreement if Licensee breaches any of its terms and
conditions. Upon termination, Licensee shall destroy all copies of the
Software.
PROPRIETARY RIGHTS. Title, ownership rights, and intellectual
property rights in the Software shall remain in Nuance and/or its suppliers
or licensors. Licensee acknowledges such ownership and intellectual
property rights and will not take any action to jeopardize, limit or interfere
in any manner with Nuance’s or its suppliers’ or licensors’ ownership of
or rights with respect to the Software. The Software is protected by
copyright and other intellectual property laws and by international
treaties.
DISCLAIMER OF WARRANTY. THE SOFTWARE (INCLUDING
WITHOUT LIMITATION THE RELATED DOCUMENTATION) IS
PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY
KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT
IT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A
PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK
AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS
BORNE BY LICENSEE. SHOULD THE SOFTWARE PROVE
DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT NUANCE OR
ITS SUPPLIERS, LICENSORS OR RESELLERS ASSUMES THE
ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER
OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED
HEREUNDER EXCEPT UNDER THIS DISCLAIMER. SOME STATES
OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT WILL NUANCE OR ITS
SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES
OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF,
AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY