SVOX End User License Agreement

You may install the SVOX Corporate SAPI Voices on a single user PC or a client PC in a network. In a network as well as on terminal servers a license for each client is required. Installation on a file server including web servers is inherently not permitted. The only exception is a copy of the complete Software package on a network drive for the purpose of automatic distribution ("unattended setup") through an internal network.

In case of a multi user license this agreement is valid for each copy of the Software.

For some third party materials included in the Software other terms and conditions may be valid. For information related to third party products see the about box in RTFC.

Demo Version

If you do not have a valid license key for RTFC, you can use the program as a 30 day demo version. Thereby we give you the opportunity to try the program before you buy. You may definitely not use the demo version for any productive or commercial purposes. If you do not decide to buy the Software after expiration of the demo period, you are obliged to immediately uninstall the Software from your computer systems.

License Models

For the RTFC Speech Engine, the RTFC Daisy Generator, the RTFC Personal Edition and the RTFC Professional Edition only voices for private purposes are available. The publication of talking books which have been generated with the voices is prohibited.

With the RTFC Studio Edition you may publish talking books, provided that the production and distribution will be done free of charge. "Free of charge" in this case means that you may not even account for distributing within your own company or organization.

With a maintenance agreement, which you can conclude for the RTFC Studio Edition, you may publish digital talking books for sale. Thereby you will be entitled to act as a service provider as well as a dealer for digital talking books. In addition you will get free software updates for the RTFC Studio Edition and the SVOX Corporate SAPI voices. Please contact us if you want to use the voices commercially.

Restriction of Commercial Exploitation

Use of the voices for other commercial purposes than generating digital talking books is prohibited. In particular you are not permitted to utilize the voices for automotif or telephony applications as well as for generating prompts for embedded systems. Please contact us if you are planning to use the voices in these areas.

§ 1 Object of Agreement

This agreement covers the computer programs (hereinafter referred to as the "Software") including modified versions and updates, documentation and user manuals as well as all accompanying materials, be it in print or electronic form.
The user is granted the right to use the Software in accordance with the license models and conditions mentioned above.
The Software described in the documentation is "state of the art". Dipl.-Ing. (FH) W. Hubert (hereinafter referred to as the "Licensor") wishes to point out, however, that the "state of the art" makes it impossible to develop Software which works properly in all application scenarios and under all circumstances.
The Licensor only provides the Software for download from the internet. He/She does not offer services for installation, configuration, customization and maintenance of the Software on the users computer.

§ 2 Scope of Use

The Licensor grants the user (hereinafter referred to as the "Licensee") a single, non-exclusive and personal right to install and use the Software on a single computer and in one place only as detailed below:

The Licensee is entitled to download and install the Software, load it into memory and run it on a single personal computer.
In case of a multi user license the Licensee may copy the complete Software package to a network drive in order to distribute it through an internal network for use at multiple workplaces. At the same time the terms of this agreement in the file "License.txt" may not be removed. Any other use of the Software on a server or in a network is prohibited.
The Licensee is entitled to make a backup copy of the Software.
In addition to the copies mentioned in subparagraph 2 and 3 the main user of a computer on which the Software is installed may install and use another copy exclusively on a mobile computer or a computer in his home office, provided that he actually is the only one who uses the Software.

§ 3 Special Limitations

The Licensee is expressly not permitted to:

make copies of the Software (in whole or in part) beyond the conditions indicated in paragraph 2;
separate the components of the Software in order to use it on more than one computer;
modify, translate, disassemble, decompile or apply any method of reverse-enginnering to the Software;
generate works derived from the Software, or to reproduce, translate or modify the written material or generate works derived therefrom;
to pass on, rent or lease the Software to a third party or to use it in any other form for commercial purposes. This also applies to copies of the Software;
distribute the Software on commercial data media (e. g. sampler-CDs, shareware-CDs, OEM-versions) without express written permission of the Licensor;
use the Software for hosting services or to install it on a web server without express written permission of the Licensor;
make or transfer copies for teaching, pre-publishing or product samples.

In case of an update you must have a valid license for the previous version in order to use the updated version. Updates are provided on a license exchange basis. You acknowledge that you freely refrain from the right to use the previous version. You confirm that the Licensor is freed from his obligations to support prior versions as soon as an update is available.

§ 4 Copyright Notice

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All rights resulting from these copyright laws are reserved for the Licensor. The copyright in particular covers the program code, documentation, appearance, structure and organisation of the program files, program name, logos and other forms of representation within the Software.
The Licensee is only granted the right to individual, private use of the Software. This does not imply conferral of any rights to the Software itself. The Software is licensed, not sold.
The licensee obtains a personal license key for activating the software. He agrees, that his full name, postal code and city are gathered and stored for creating it. These data may also be disclosed to distributors or suppliers based on contractual obligations.
The Licensor reserves all rights of publication, translation, reproduction, editing and utilisation of the Software. Any use of the Software beyond the scope of the present agreement requires express written permission of the Licensor.

§ 5 Transfer of Rights

You may permanently transfer all of your rights under this agreement to any individual person or single entity, provided that:

you inform the Licensor about the transfer of the license in order to obtain a personal license key for the new Licensee,
you transfer the present agreement and all of the Software, including all copies, updates and prior versions,
you retain no copies including backup copies and other copies and
the recipient agrees to the terms of this agreement and other provisions by which you became the legal user of the Software.

§ 6 Terms of Validity

The agreement is concluded for an indefinite period. The Licensee's right to use the Software shall end automatically without notice in the event of non-compliance with any of the conditions of this agreement. At the same time the right to publish works which have been generated with the Software expires.
On termination of the right of use, the Licensee is obliged to uninstall the Software from his/her computer systems. He/she is also obliged to destroy all copies of the Software together with all written material and all copies thereof, including any modified copies.

§ 7 Terms of Warranty

The Licensee shall accept the Software 'as is'.
This is standard Software, which has been developed and provided for common purposes, not for a particular purpose of a certain user.
The Licensor and his distributors expressly disclaim any warranty of performance or results you may obtain by using the Software.
To the maximum extent permitted by applicable law, the Licensor and his distributors expressly disclaim any warranty for the SOFTWARE PRODUCT of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose.
The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with the Licensee.

§ 8 Limitation of Liability

The Licensor guarantees the fitness of the product for the contractual purpose, as described in the user manuals. No liability is accepted in respect of the suitability of the Software for the user's purposes and its compatibility with the user's existing hardware and Software. The user is obliged to ensure that the product meets his requirements.
Damage claims against the Licensor and his distributors are excluded irrespective of legal basis, particularly on grounds of delayed performance or impossibility, neglect of advisory and accessory contractual obligations, pre-contractual duties, defective performance, violation of third-party industrial property rights and unlawful acts, unless the Licensor has acted with intent or gross negligence or unless the damage claims result from the failure to ensure a warranted quality.
For the claim of a breach of regulations the Licensee is obliged to provide a proof of purchase upon request.
Insofar as grounds for liability on the part of the Licensor exist, the damage claim shall be limited to the extent of the retail price of the Software. Compensation for consequential damage such as loss of profit is excluded in all cases. This damage limitation clause shall not apply if the event giving rise to the damage was caused with intent or gross negligence by one of its legal representatives or senior employees.
All damage claims against the Licensor shall expire by limitation six months after the receipt of the Software. This does not apply to claims based on unlawful acts.

§ 9 Damage Minimisation Obligation

The Licensee is explicitly reminded that he/she must make backups of the data on his/her computer at adequate, regular intervals (normally once a week). Failure to do so shall constitute a breach of the Licensee's damage minimisation obligation, and the Licensor shall not be liable for any resultant damage.
The Licensee is explicitly reminded that he/she must not use the Software in hazardous environments in which non fault-tolerant operation is imperative (e. g. high-risk activities such as the operation of nuclear power installations, defense systems, air navigation or communication systems or life-support machines). Failure to observe this condition shall constitute a breach of the Licensee's damage minimisation obligation, and the Licensor shall not be liable for any resultant damage.

§ 10 Contractual Amendments and Protective Clause

These conditions of use apply in the currently applicable version as published at www.rtfc.eu on the web.
These general conditions of use shall still form part of the contract even if they differ from those of the Licensee, even where not expressly contradicted by the Licensor.

§ 11 Choice of Law and Jurisdiction

All legal relations between the parties, including the law of tort, shall be subject to the law of the Federal Republic of Germany.
The place of jurisdiction shall be Stuttgart in the Federal Republic of Germany.
All matters relating to the validity, interpretation and fulfilment of the contractual provisions shall be settled at the legal venue of the Licensor.

§ 12 Final Provisions

All supplements to this contract, including this clause, must be made in writing.
Should any provision of this agreement be or become invalid or unenforceable, this shall not affect the legal validity of the other provisions. In this case, the invalid or unenforceable provision shall be replaced where possible by a legitimate provision with an equivalent commercial intent.

Should you have any questions concerning this agreement please contact:

Dipl.-Ing. (FH) W. Hubert

Aichinger Str. 31

D-71277 Rutesheim

Germany

E-Mail: s ervice@rtfc.eu

Internet: http://www.rtfc.de