BY ACCESSING AND USING THE SOFTWARE FROM Touch Voice General Partnership, THE INDIVIDUAL IF ACTING ON BEHALF OF HIMSELF OR HERSELF OR THE INDIVIDUAL WHO IS ACTING ON BEHALF OF ANOTHER, PERSON, PROFESSIONAL, EDUCATIONAL OR NONPROFIT INSTITUTION, GOVERNMENTAL AGENCY, HOSPITAL OR HEALTH CARE ORGANIZATION OR FACILITY TOGETHER ARE DEFINED AS A ”CUSTOMER” AND AGREE TO BE BOUND BY THE “Terms and Conditions” OF THIS SOFTWARE ACCESS LICENSE AGREEMENT.
IF CUSTOMER DOES NOT AGREE TO THIS AGREEMENT, CUSTOMER MAY NOT USE OR ACCESS THE SOFTWARE.
THE “EFFECTIVE DATE” FOR THIS AGREEMENT IS THE DAY CUSTOMER PURCHASES AN ACCESS LICENSE OR DOWNLOADS THE SOFTWARE.
Terms and Conditions
1. USE OF Touch Voice Gold Web App (Or any Apps on the Apple iTunes App Stores, on Google Android Play Store, or on Amazon App Store: Touch Voice Original, Touch Voice +, Touch Voice Gold, Touch Voice Spanish. Or Stores using Paypal on this shopping cart website, basically any and all programs with the words "Touch Voice" in the program name.)
a. Touch Voice General Partnership grants CUSTOMER the non-exclusive, non-transferable, limited right and license to access and use this "Touch Voice" App solely for providing speech capability to the speech impaired.
b. CUSTOMER agrees to take sole responsible for use of the "Touch Voice" App (and that Touch Voice General Partnership has no responsibility what so ever to CUSTOMER or to any third party for any loss, or damage to, or death resulting from, to any person or property for said use).
2. PROPRIETARY RIGHTS
CUSTOMER acknowledges that (a) the "Touch Voice" App contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) Touch Voice General Partnership owns all rights, title and interest in and to the "Touch Voice" App and content, excluding content provided by CUSTOMER, that may be presented or accessed through the "Touch Voice" App, including without limitation all Intellectual Property Rights therein and there to. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all "Touch Voice" App updates, extensions and restorations thereof, now or hereafter in force and effect worldwide.
CUSTOMER agrees not to allow any third party to, (i) copy, sell, license, access, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the "Touch Voice" App or content that may be presented or accessed through the "Touch Voice" App for any purpose, unless otherwise permitted, (ii) take any action to circumvent or defeat the basic functionality contained in the "Touch Voice" App for any purpose other than the intended one to provide speech capability to the speech impaired, (iii) use the "Touch Voice" App to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter Touch Voice General Partnerships copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through "Touch Voice" App.
These Terms and Conditions will continue to apply until terminated by Touch Voice General Partnership as set forth below. CUSTOMER rights automatically and immediately terminate without notice from Touch Voice General Partnership if CUSTOMER fail to comply with any provision of these Terms and Conditions. In such event, CUSTOMER must immediately terminate use and access of "Touch Voice" App.
To the maximum extent permitted by law, CUSTOMER agree to defend, indemnify and hold harmless Touch Voice General Partnership, its affiliates and their respective officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from CUSTOMER use of the "Touch Voice" App, including CUSTOMER accessing or use of the "Touch Voice" App, or CUSTOMER violation of these Terms and Conditions.
5. DISCLAIMER OF WARRANTIES
A. CUSTOMER expressly understand and agrees that use of the "Touch Voice" App is at the CUSTOMERs sole discretion and risk and that the "Touch Voice" App is provided “as is” and “as available” without warranty of any kind. Touch Voice General Partnership may choose at anytime to discontinue the "Touch Voice" Apps, by discontinuing hosting of code for the Web App version or removal of app code from all App stores; as a result of this action Touch Voice General Partnership will not be responsible for reimbursements of money or damages of any kind to any party of the "CUSTOMER".
B. CUSTOMER is solely responsible for any damage to the CUSTOMERs mobile device, or other device, or loss of data that results from such use.
C. Touch Voice General Partnership further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, with respect to the access and use of "Touch Voice" App.
D. "Touch Voice" App is not intended for use in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems, or any other dangerous activities in which the failure of the Touch Voice Gold Web App could lead to death, personal injury, or severe physical or environmental damage.
6. LIMITATION OF LIABILITY
CUSTOMER expressly understand and agrees that Touch Voice General Partnership, and “GOOGLE” Chrome Browser are not liable to CUSTOMER under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by CUSTOMER through CUSTOMER use of the "Touch Voice" App, including any loss of data or damage to CUSTOMER's mobile device, property or person, whether or not Touch Voice General Partnership or its representatives have been advised of or should have been aware of the possibility of any such losses arising.
a. These Terms and Conditions constitute the entire Agreement between CUSTOMER and Touch Voice General Partnership relating to the Touch Voice Gold Web App and govern CUSTOMER use of the Touch Voice Gold Web App, and completely replace any prior or contemporaneous agreements between CUSTOMER and Touch Voice General Partnership regarding the "Touch Voice" App.
b. The failure of Touch Voice General Partnership to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision, which will still be available to Touch Voice General Partnership.
c. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from the Terms and Conditions without affecting the rest of the Terms and Conditions. The remaining provisions of these Terms and Conditions will continue to be valid and enforceable.
d. The rights granted in these Terms and Conditions may not be assigned or transferred by either CUSTOMER or Touch Voice General Partnership without the prior written approval of the other party. Neither CUSTOMER nor Touch Voice General Partnership are permitted to delegate their responsibilities or obligations under these Terms and Conditions without the prior written approval of the other party.
e. These Terms and Conditions and CUSTOMER relationship with Touch Voice General Partnership under these Terms and Conditions will be governed by the laws of California without regard to its conflict of laws provisions. CUSTOMER and Touch Voice General Partnership agree to submit to the exclusive jurisdiction of the courts located within California, United States of America to resolve any legal matter arising from these Terms and Conditions. Notwithstanding this, CUSTOMER agrees that Touch Voice General Partnership will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.