End User License Agreement
BY USING THE EQUIPMENT YOU ARE PURCHASING, YOU ARE CONSENTING TO BE BOUND BY THIS
AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN DO NOT
PURCHASE THIS EQUIPMENT. YOUR RIGHT TO RETURN AND REFUND EXPIRES 30 DAYS AFTER
PURCHASE, AND APPLIES ONLY IF YOU ARE THE ORIGINAL PURCHASER.

The terms and conditions of sale contained herein supersede all agreements made and purchase
orders submitted to and accepted by Digital Speech. All agreements are contingent upon such
unavoidable incidents as strikes, accidents, material shortage, or other delays beyond Digital
Speech’s control.
Prices and conditions of sale on all in-stock and special order merchandise are subject to change
without notice. Every effort has been made to ensure the accuracy of all information contained
herein.
The image displayed for every product might not be the exact picture. This is used for display
purposes only.
License
Subject to the terms and conditions of and except as otherwise provided in this Agreement, Digital Speech
grants to Customer ("Customer") a nonexclusive and nontransferable license to use the specific Digital Speech
Software, Digital Speech Scripts, third-party embedded software, and Digital Speech Configuration Files.
General Limitations
Except as otherwise expressly provided under this Agreement, Customer shall have no right and Customer
specifically agrees not to:
(i)
transfer, assign or sublicense its license rights to any other person, or use the Software on
unauthorized equipment, and any such attempted transfer, assignment or sublicense shall be
void;
(ii)

make error corrections to or otherwise modify or adapt the Software or create derivative works
based upon the Software, or to permit third parties to do the same.

Upgrades and Additional Copies
For purposes of this Agreement, "Software" shall include (and the terms and conditions of this Agreement shall
apply to) any upgrades, updates, bug fixes or modified versions (collectively, "Upgrades") or backup copies of
the Software licensed or provided to Customer by Digital Speech.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) CUSTOMER HAS NO
LICENSE OR RIGHT TO USE ANY SUCH ADDITIONAL COPIES OR UPGRADES UNLESS CUSTOMER,
AT THE TIME OF ACQUIRING SUCH COPY OR UPGRADE, ALREADY HOLDS A VALID LICENSE TO THE
ORIGINAL SOFTWARE AND HAS PAID THE APPLICABLE FEE FOR THE UPGRADE; (2) USE OF
UPGRADES IS LIMITED TO DIGITAL SPEECH EQUIPMENT FOR WHICH CUSTOMER IS THE ORIGINAL
END USER PURCHASER OR LESSEE OR WHO OTHERWISE HOLDS A VALID LICENSE TO USE THE
SOFTWARE WHICH IS BEING UPGRADED; AND (3) USE OF ADDITIONAL COPIES IS LIMITED TO
BACKUP PURPOSES ONLY.
Proprietary Notices
Customer agrees to maintain and reproduce all copyright and other proprietary notices on all copies, in any
form, of the Software in the same form and manner that such copyright and other proprietary notices are
included on the Software. Except as expressly authorized in this Agreement, Customer shall not make any
copies or duplicates of any Software without the prior written permission of Digital Speech. Customer may
make such backup copies of the Software as may be necessary for Customer's lawful use, provided Customer
affixes to such copies all copyright, confidentiality, and proprietary notices that appear on the original.
Protection of Information

Customer agrees that aspects of the Software and associated documentation, including the specific design
and structure of individual programs, constitute trade secrets and/or copyrighted material of Digital Speech.
Customer shall not disclose, provide, or otherwise make available such trade secrets or copyrighted material in
any form to any third party without the prior written consent of Digital Speech. Customer shall implement
reasonable security measures to protect such trade secrets and copyrighted material. Title to Software and
documentation shall remain solely with Digital Speech.
Limited Warranty
If Customer obtained the Software directly from Digital Speech, then Digital Speech warrants that during the
Warranty Period (as defined below): (i) the Software will substantially conform to its published specifications.
The "Warranty Period" means a period beginning on the date of Customer's receipt of the Software and ending
on the later of (a) ninety (90) days from the date of initial shipment of the Software by Digital Speech, or (b) the
end of the minimum period required by the law of the applicable jurisdiction. The limited warranties extend only
to Customer as the original licensee. Customer's sole and exclusive remedy and the entire liability of Digital
Speech and its suppliers under these limited warranties will be, at Digital Speech’s or its service center's
option, repair, replacement, or refund of the Software if reported (or, upon request, returned) to Digital Speech
or its designee. Except as expressly granted in this Agreement, the Software is provided AS IS. Digital Speech
does not warrant that the Software is error free or that Customer will be able to operate the Software without
problems or interruptions. This warranty does not apply if the Software (a) has been altered, except by Digital
Speech, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied
by Digital Speech, or (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or
accident.
Disclaimer of Warranties
EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE,
OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. TO
THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN
DURATION TO THE WARRANTY PERIOD. BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS
DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS
WHICH VARY FROM JURISDICTION TO JURISDICTION.
Disclaimer of Liabilities
IN NO EVENT WILL DIGITAL SPEECH OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE,
PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE
DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF DIGITAL SPEECH OR ITS SUPPLIERS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event shall Digital Speech liability to Customer, whether in contract, tort (including negligence), or
otherwise, exceed the price paid by Customer to Digital Speech. The foregoing limitations shall apply even if
the above-stated warranty fails of its essential purpose. BECAUSE SOME COUNTRIES, STATES OR
JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

All merchandise left our warehouse in good condition. The risk of loss or damage to goods shall
pass to buyer as soon as such goods are picked up by carrier for delivery to buyer. Buyer should
therefore inspect all packages for damages before signing delivery receipt. Claims should be filed
immediately with the carrier (not with Digital Speech) for merchandise damaged in transit.
In the event of a dispute
Digital Speech shall be entitled to recover reasonable attorney(s) fees and cost incurred in the
dispute resolution.

Term and Termination
This Agreement is effective until terminated. Customer may terminate this Agreement at any time by
destroying or returning to Digital Speech all copies of Software including any documentation. Customer's
license rights under this Agreement will terminate immediately without notice from Digital Speech if Customer
fails to comply with any provision of this Agreement. Upon termination, Customer must destroy all copies of
Software in its possession or control.
Export
Software, including technical data, may be subject to U.S. export control laws, including the U.S. Export
Administration Act and its associated regulations, and may be subject to export or import regulations in other
countries. Customer agrees to comply strictly with all such regulations and acknowledges that it has the
responsibility to obtain licenses to export, re-export, or import Software.
General
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, United
States of America, as if performed wholly within the state and without giving effect to the principles of conflict
of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this Agreement
shall remain in full force and effect. Digital Speech hereby specifically disclaims the UN Convention on
Contracts for the International Sale of Goods. Except as expressly provided herein, this Agreement constitutes
the entire agreement between the parties with respect to the license of the Software and supersedes any
conflicting or additional terms contained in the purchase order.

