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ScanSoft, Inc. ("ScanSoft") makes available for your use on this Web
site (the "Site") information, documents, software and products (collectively,
the "Materials") and various services operated by ScanSoft (collectively,
the "Services"), subject to the terms and conditions set forth in this
document (the "Terms of Use"). Your access to and continued use of the
Site constitutes your acceptance of and compliance with the Terms of Use.
If you have not already done so, please take some time to familiarize
yourself with the Terms of Use. If you do not agree to the Terms of Use,
you should immediately discontinue any use of the Site. Also note that
the Terms of Use may change from time to time and it is your responsibility
to check for such updates. ScanSoft reserves the right, at ScanSoft's
discretion, to change, modify, add, or remove portions of the Terms of
Use, and/or ScanSoft's Privacy Policy located at the Site, at any time.
Your continued use of the Site following such changes shall mean that
you accept those changes. The last revision date for the Terms of Use
is set forth at the end of this document. In addition, when using particular
Services or Materials on this Site, you shall be subject to any posted
guidelines or rules applicable to such Services or Materials that may
contain terms and conditions in addition to those in the Terms of Use.
All such guidelines or rules are hereby incorporated by reference into
the Terms of Use. If you breach any of the Terms of Use, your authorization
to use this Site automatically terminates and you must immediately destroy
any Materials downloaded or printed from the Site.
INTELLECTUAL PROPERTY RIGHTS/NO LICENSE
The Materials and Services on this Site are protected by copyright and/or
other intellectual property laws and any unauthorized use of the Materials
or Services at this Site may violate such laws. Nothing contained herein
shall be construed as conferring by implication, estoppel or otherwise
any license or right under any patents, trademarks, copyrights or trade
secret information of ScanSoft or any third party. Except as expressly
provided above nothing contained herein shall be construed as conferring
any license or right under any ScanSoft patents, trademarks, copyrights
or trade secret information.
All product and brand names are trademarks or registered trademarks of
their respective holders.
USE AND PROTECTION OF ACCOUNT NUMBER AND PASSWORD
You are responsible for maintaining the confidentiality of your account
number and/or password, if applicable. You are responsible for all uses
of your account, whether or not actually or expressly authorized by you.
LINKS TO THIRD PARTY WEBSITES/NO ENDORSEMENT
The Site may contain links to other sites. These links are provided as
references to help you identify and locate other Internet resources that
may be of interest. These other sites were independently developed by
parties other than ScanSoft, and ScanSoft does not assume responsibility
for the accuracy or appropriateness of the information contained at such
sites. In providing links to other sites, ScanSoft is in no way acting
as a publisher or disseminator of the material contained on those other
sites and does not seek to control the content of, or maintain any type
of editorial control over, such sites. A link to another site should not
be construed to mean that ScanSoft is affiliated or associated with, or
is legally authorized to use any trademark, trade name, logo or copyrighted
symbol that may be reflected in the link or the description of the link
to such other sites. The mention of another party or its products or service
on the Site should not be construed as an endorsement of that party or
its products or services.
WITHOUT LIMITING THE FOREGOING, THE LINKS IN THIS SITE WILL LET YOU LEAVE
SCANSOFT'S SITE AND THE LINKED SITES ARE NOT UNDER THE CONTROL OF SCANSOFT
AND SCANSOFT IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR
ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH
SITES. SCANSOFT IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF
TRANSMISSION RECEIVED FROM ANY LINKED SITE. SCANSOFT IS PROVIDING THESE
LINKS TO YOU STRICTLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK
DOES NOT IMPLY ENDORSEMENT BY SCANSOFT OF THE SITE WHATSOEVER.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN
YOU AND SCANSOFT, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT
LIMITING THE FOREGOING, SCANSOFT MAKES NO WARRANTY THAT (i) THE SERVICES
AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND MATERIALS
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE
EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR
EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE
WILL BE CORRECTED. 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. TO THE EXTENT PERMISSIBLE,
ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL
ERRORS. SCANSOFT MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS
SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN,
AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY
BE OUT OF DATE, AND SCANSOFT MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS
OR SERVICES.
SCANSOFT ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION,
DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY
OR LINKED TO THIS SITE. REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES
AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED.
IN NO EVENT SHALL SCANSOFT OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT SCANSOFT
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY
OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE
OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS
PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY
MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND
WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
SCANSOFT OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TERMS OF USE.
You are prohibited from posting or transmitting to or from this Site any
unlawful, threatening, libelous, defamatory, obscene, pornographic, or
other material that would violate any state, federal, or international
law. This Site can be accessed from other countries around the world and
may contain references to ScanSoft products, services, and programs that
have not been announced in your country. These references do not imply
that ScanSoft intends to announce such products, services or programs
in your country. Please contact your local ScanSoft representative for
specific information.
PERSONAL INFORMATION AND PRIVACY
Information submitted to ScanSoft through forms on their World Wide Web
Servers is governed according to ScanSoft's Online Privacy Policy.
PROHIBITED COMMUNICATIONS
You may only submit to the Site, user content that is (a) owned by you,
(b) submitted with the express permission of the owner, or (c) in the
public domain. You are prohibited from posting or transmitting to or from
this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic,
or other materials that would violate any law or the rights of others,
including without limitation, laws against copyright infringement. Violation
of these restrictions may result in limitations on access by you to this
Site. Submission of invalid or false information will be construed as
a breach of these Terms of Use and will result in the termination of the
user account in question and any obligation to provide customer service
or support for the Services provided by the Site.
CONFIDENTIALITY WARNING
Absent the use of encryption, the Internet is not a secure medium and
privacy cannot be ensured. Internet e-mail is vulnerable to interception
and forging. ScanSoft will not be responsible for any damages you or any
third party may suffer as a result of the transmission of any confidential
information that you make to ScanSoft through the Internet, or that you
expressly or implicitly authorize ScanSoft to make, or for any errors
or any changes made to any transmitted information. Please see ScanSoft's
Privacy Policy located at the Site.
COMPUTER VIRUSES
While effort is made to ensure that all information provided at the Site
does not contain computer viruses, you should take reasonable and appropriate
precautions to scan for computer viruses and should ensure that you have
a complete and current backup of the applicable items of information contained
on your computer system. You should pay specific attention to some of
the newer viruses that have been written to automatically execute when
an infected word processing document is loaded into certain word processing
programs.
EXPORT CONTROL LAWS; NOTICE TO U.S. GOVERNMENT USERS
The export and re-export of ScanSoft software products are controlled
by the United States Export Administration Regulations and such software
may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea,
Sudan, or Syria or any country to which the United States embargoes goods.
In addition, ScanSoft software may not be distributed to persons on the
Table of Denial Orders, the Entity List, or the List of Specially Designated
Nationals.
By downloading a ScanSoft software product you are certifying that you
are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, or
Syria or any country to which the United States embargoes goods and that
you are not a person on the Table of Denial Orders, the Entity List, or
the List of Specially Designated Nationals.
All ScanSoft products and publications are commercial in nature. The software
and documentation available on this Site are "Commercial Items," as that
term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer
Software" and "Commercial Computer Software Documentation," as such terms
are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent
with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as
applicable, the Commercial Computer Software and Commercial Computer Software
Documentation are licensed to U.S. Government end users (A) only as Commercial
Items and (B) with only those rights as are granted to all other end users
pursuant to the terms and conditions herein.
INDEMNITY
You agree to indemnify and hold ScanSoft, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of content you submit, post to or
transmit through the Site (including, without limitation, any User Content),
your use of the Site, your connection to the Site, your violation of the
Terms of Use, or your violation of any rights of another person or entity.
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by ScanSoft from its
offices within the state of Massachusetts, United States of America. By
accessing this Site, you and ScanSoft agree that all matters relating
to your access to, or use of, this Site shall be governed by the statutes
and laws of the State of Massachusetts, without regard to the conflicts
of laws principles thereof. ScanSoft makes no representation that Materials
or Services available on this Site are appropriate or available for use
in other locations, and accessing them from territories where their contents
are illegal is prohibited. Those who choose to access this Site from other
locations do so on their own initiative and are responsible for compliance
with local laws.
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