End-User License Agreement (EULA)
This End-User License Agreement (“EULA”) is a legal agreement between (a) you (either an individual or a single entity) and (b) ASPA MEDIA Ltd (“we” “us” and “our”, “ASPA MEDIA”) that governs your acquisition and use of our DragonSpeechTips (DST) Custom Dragon commands or macros Products (“DST macros”, “software”, “plugin”), installed on or made available directly from ASPA MEDIA or indirectly through a ASPA MEDIA authorized reseller or distributor (a “Reseller”).
Please read this EULA agreement carefully before completing the installation process and using the DST macros. It provides a license to use the DST macros and contains warranty information and liability disclaimers.
BY TAKING ANY STEP TO INSTALL, IMPORT OR USE THE DST MACROS, YOU (1) REPRESENT THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN YOUR STATE AND, IF APPLICABLE, YOU ARE DULY AUTHORISED BY YOUR EMPLOYER TO ENTER INTO THIS CONTRACT AND (2) YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT THE EULA TERMS, DO NOT USE THE DST MACROS.
If you register for a free trial of the DST macros, this EULA agreement will also govern that trial. By clicking “accept” or installing and/or using the DST macros, you are confirming your acceptance of the DST macros and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the DST macros, and you must not accept this EULA agreement.
By purchasing a License Key and/or downloading and using the DST macros, You agree, without reservation to be bound by the terms of this EULA. If You do not agree with the terms of this EULA, please do not purchase a License Key and/or download and use the DST macros.
This EULA agreement shall apply only to the DST macros supplied by ASPA MEDIA herewith regardless of whether other software is referred to or described herein. The terms also apply to any ASPA MEDIA updates, supplements, Internet-based services, and support services for the DST macros.
GRANT OF LICENSE
ASPA MEDIA hereby grants you a personal, non-transferable, non-exclusive licence to use the DST macros provided you agree to and comply with all terms and conditions of this EULA agreement.
You may use the DST macros product on your device (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements. You do not have the right to distribute the DST macros Product. You agree to only use the DST macros Product as expressly permitted herein.
You are not permitted to:
- Reproduce, copy, distribute, resell or otherwise use DST macros for any commercial purpose
- Allow any third party to use the DST macros on behalf of or for the benefit of any third party
- Use the DST macros in any way which breaches any applicable local, national or international law
- use the DST macros for any purpose that ASPA MEDIA considers is a breach of this EULA agreement
Intellectual Property and Ownership
ASPA MEDIA shall at all times retain ownership of the DST macros as originally downloaded by you and all subsequent downloads of the DST macros by you. The DST macros (and the copyright, and other intellectual property rights of whatever nature in the DST macros, including any modifications made thereto) are and shall remain the property of ASPA MEDIA.
All DST macros are property of ASPA MEDIA. Claiming any type of intellectual or exclusive ownership rights of our products is strictly prohibited.
The DST macros Product is licensed, not sold, to you by ASPA MEDIA. ASPA MEDIA and its suppliers own all right, title and interest in and to the DST macros Product and reserve all rights not expressly granted to you in this EULA. You agree to avoid any action that would diminish such rights or would call them into question.
Website & Plugin Content
All content found on this site and throughout the plugin including images, documentation, support queries and any other information is property of ASPA MEDIA and may not be redistributed without permission or consent.
ASPA MEDIA, reserves the right to modify, change, cancel or upgrade a plugin subscription and/or license key without prior notice or consent. Prices of all products are subject to change without prior notice or consent.
All intellectual property rights in the Software Product and user documentation are owned by ASPA MEDIA or its suppliers and are protected by law, including but not limited to copyright, trade secret, and trademark law, as well as other applicable laws and international treaty provisions. The structure, organisation and code of the Software Product are the valuable trade secrets and confidential information of ASPA MEDIA and its suppliers. You shall not remove any product identification, copyright notices or proprietary restrictions from the Software Product.
LIMITATION ON REVERSE ENGINEERING
Except to the extent that such restriction is not permitted under applicable law, you are not permitted (and you agree not to) reverse engineer, decompile, disassemble or create derivative works of or modify the Software Product. Nothing contained herein shall be construed, expressly or implicitly, as transferring any right, license or title to you other than those explicitly granted under this EULA. ASPA MEDIA reserves all rights in its intellectual property rights not expressly agreed to herein. Unauthorised copying of the Software Product or failure to comply with the restrictions in this EULA (or other breach of the license herein) will result in automatic termination of this Agreement and you agree that it will constitute immediate, irreparable harm to ASPA MEDIA for which monetary damages would be an inadequate remedy, and that injunctive relief will be an appropriate remedy for such breach.
This EULA is effective unless terminated or rejected. This EULA will also terminate immediately and without additional notice in the event you breach this EULA and/or fail to comply with any term or condition of this EULA.
CONSENT TO USE OF DATA
You agree that ASPA MEDIA and its affiliates or suppliers may collect and use statistics on your use of the Software Product and technical information you provide in relation to support services related to the Software Product. ASPA MEDIA and its suppliers agree not to use this information in a form that personally identifies you except to the extent necessary to provide such services.
ASPA MEDIA reserves the right to grant licences to use the DST macros to third parties.
ASPA MEDIA sells and distributes DST macros and other plugins “as is” and with no implied meaning that they will function exactly as you would like, or that they will be compatible with all third-party components and plugins.
Technical support for the Software Product will be free for the first thirty (30) days after the activation date. Support will be available via email during regular business hours GMT. After 30 days, Technical Support may be offered by ASPA MEDIA as a paid support service, or may be made available at no charge, subject to the sole discretion of ASPA MEDIA.
Support and updates for DST macros are provided as long as ASPA MEDIA is actively in development. Should any one of the following occur, ASPA MEDIA, will no longer be responsible for providing support for DST macros:
DST macros are no longer actively developed as a viable product under ASPA MEDIA.
DST macros or the parent company is purchased or bought out by another company.
Dragon® software application is no longer actively developed.
Whilst we attempt to provide the best support possible for our products, we do not guarantee that any particular support query can, or will be answered to the extent, or within a timeframe that the inquirer is completely satisfied.
DISCLAIMER OF WARRANTIES. YOU AGREE THAT THE USE OF THE SOFTWARE PRODUCT IS AT YOUR SOLE RISK AS TO SATISFACTORY QUALITY PERFORMANCE, ACCURACY AND EFFORT.
To the maximum extent permitted under applicable law, the DST macros Product is offered on an “AS-IS” basis and ASPA MEDIA does NOT warrant that the functions contained in the Software Product will meet your requirements or that the operation of the Software Product will be uninterrupted or error free or that such errors will be corrected. Computer software is inherently subject to bugs and potential incompatibility with other computer software and hardware. You should not use the Software Product for any applications in which failure could cause any significant damage or injury to persons or tangible or intangible property.
EXCEPT AS MAY BE SET OUT IN A SPECIFIC WARRANTY ACCOMPANYING THE SOFTWARE PRODUCT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASPA MEDIA AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT AND THIRD PARTY SOFTWARE “AS IS” AND WITH ALL FAULTS AND WITHOUT ANY OTHER WARRANTY OF ANY KIND, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF LACK OF VIRUSES ALL WITH REGARD TO THE SOFTWARE PRODUCT AND THIRD PARTY SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASPA MEDIA OR A ASPA MEDIA AUTHORISED REPRESENTATIVE SHALL CREATE A WARRANTY. Some states/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to you in its entirety. To the extent applicable law requires ASPA MEDIA to provide warranties, you agree that the scope and duration of such warranty shall be to the minimum extent permitted under such applicable law.
IN NO EVENT DOES ASPA MEDIA PROVIDE ANY WARRANTY OR REPRESENTATIONS WITH RESPECT TO ANY THIRD PARTY HARDWARE OR SOFTWARE WITH WHICH THE SOFTWARE PRODUCT IS DESIGNED TO BE USED, AND ASPA MEDIA DISCLAIMS ALL LIABILITY WITH RESPECT TO ANY FAILURES THEREOF.
LIMITATION OF LIABILITY
Notwithstanding any damages that you might incur, the entire liability of ASPA MEDIA and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Software Product. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASPA MEDIA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THIRD PARTY SOFTWARE AND/OR THIRD PARTY HARDWARE USED WITH THE SOFTWARE PRODUCT, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS EULA), EVEN IF ASPA MEDIA OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states/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 to indemnify and hold ASPA MEDIA and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement, your violation of any laws, regulations or third party rights or your negligent act, omission or wilful misconduct.
To use a Software Product identified by ASPA MEDIA as an upgrade, you must first be licensed for the original Software Product identified by ASPA MEDIA as eligible for the upgrade.
This EULA applies to updates or supplements to the original Software Product provided by ASPA MEDIA unless ASPA MEDIA provides other terms along with the update or supplement. In case of a conflict between such terms, the other terms will prevail.
Third Party. The Software Product may only be transferred to another end user as part of a transfer of the computer(s) on which it is installed. Any transfer must include all component parts, media, printed materials and this EULA. Prior to the transfer, the end user receiving the transferred product must agree to all the EULA terms. Upon transfer of your computer(s), your license is automatically terminated and you are no longer permitted to use the Software Product.
You may not rent, lease or lend the Software Product or use the Software Product for commercial time-sharing or bureau use. You may not sub-license, assign or transfer the license or Software Product except as expressly provided in this EULA.
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to ASPA MEDIA.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of the England, United Kingdom.
Changes to our EULA
DragonSpeechTips keeps its End User License Agreement under regular review and places any updates on this web page. This End User License Agreement was last updated on 25th July 2019.
How to contact us
If you have any questions about the DragonSpeechTips’s EULA, please do not hesitate to contact us.
Email us at: legal@DragonSpeechTips.com