END USER LICENSE AGREEMENT
Thank you for shopping at Dragon. The following policy outlines the conditions under which we operate and that you agree to when purchasing products. Please take some time to review it prior to completing your purchase.
LICENSE
Under this End User License Agreement (the “Agreement”), Dragon (the “Vendor”) grants to the user (the “Licensee”) a non-exclusive and non-transferable license (the “License”) to use Dragon (the “Software”).
“Software” is for the use of an individual person as selected by the Licensee. Any attempts to use the software for multiple persons will be in violation of these user conditions and may result in legal action.
Software includes the executable computer programs and any related printed, electronic, and online documentation and any other files that may accompany the product.
Title, copyright, intellectual property rights, and distribution rights of the Software remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software.
This Agreement grants a site license to the Licensee. The Software may be installed onto a maximum of four electronic devices unless additional installations are granted at sole request of the Licensee and sole discretion of the Vendor.
The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties.
The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.
Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.
License Fee
For all product excluding Dragon Medical One cloud base, the original purchase price paid by the Licensee will constitute the entire license fee and is the full consideration for this Agreement.
Returns and Refunds:
Orders may be canceled at any time prior to the delivery of product to the Licensee. Any canceled orders will receive full refunds upon original shipment returning to Vendor.
In the event that a Licensee requests a downloadable version at the time of purchase, product delivery will be deemed that receipt of the email containing a download link.
Other return criteria are only permissible if in writing from the Vendor.
In the event a refund is required, payment will be made via cheque mailed to original shipping address on the order. Payment will be sent only after all return criteria have been met.
Limitation of Liability
The Software is provided by the Vendor and accepted by the Licensee “as is.” Liability of the Vendor will be limited to a maximum of the original purchase price of the Software. The Vendor will not be liable for any general, special, incidental, or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software.
The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.
The Vendor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.
Warrants and Representations
The Vendor warrants and represents that it is the copyright holder of the Software. The Vendor warrants and represents that granting the license to use this Software is not in violation of any other agreement, copyright, or applicable statute.
Acceptance
All terms, conditions, and obligations of this Agreement will be deemed to be accepted by the Licensee (“Acceptance”) on installation of the Software on the first device.
User Support
No user support or maintenance is provided as part of this Agreement. Additional support and training packages are available for purchase.
Term
The term of this Agreement will begin on Acceptance and is perpetual.
Termination
On sole discretion of the Vendor, this Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of Agreement for any reason, the Licensee will promptly uninstall and deactivate the Software from all devices on which it was used and return the Software to the Vendor.
Force Majeure
The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, snowstorm, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.
Governing Law
The Parties to this Agreement submit to the jurisdiction of the courts of the Province of Nova Scotia for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the Province of Nova Scotia.
Miscellaneous
This Agreement can only be modified in writing signed by both the Vendor and the Licensee.
This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.
Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in neuter gender include the masculine gender and the feminine gender and vice versa.
If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired, or invalidated as a result.
This Agreement contains the entire agreement between parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
This Agreement and the terms and conditions in this Agreement apply to and are binding upon the Vendor’s successors and assigns.
Notices
All notices to the Vendor under this Agreement are to be provided at the following address:
Dragon Dictation Software.
8700 stonebrook Pkwy
Frisco, TX , 75034, USA
Contact
Any questions about user conditions should be addressed to Dragon support@dragondictationsoftware.com