Sharecare, Inc. ("Company") grants you ("End User") a non-exclusive, non-transferable right and license to use the software ("Software") for voice features from Nuance Communications, Inc. ("Service") incorporated into the Sharecare AskMD mobile application ("Company Product") as incorporated in to the Company Product, for the sole and limited purpose of accessing the Service.
Proprietary Rights; Restrictions
End User acknowledges that Company and its licensors retain all right, title and interest in and to the original, and any copies, of Software which is incorporated into the Company Product, and to the Service. Without limiting the generality of the foregoing, End User agrees not to: (a) submit any automated or recorded requests to the Service unless otherwise approved in writing by Company and its licensors; (b) use the Service for commercial use; (c) access the Service with software or means other than the Company Product; (d) copy, reproduce, distribute, or in any other manner duplicate the Software or Service, in whole or in part; (e) sell, lease, license, sublicense, distribute, assign, transfer or otherwise grant any rights in the Software, in whole or in part; (f) modify, port, translate, or create derivative works of the Software or Service; (g) decompile, disassemble, reverse engineer or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas, or algorithms, of the Software or Service by any means; (h) remove any proprietary notices, labels or marks from the Software or Service; (i) use the Service for purposes of comparison with or benchmarking against products or services made available by third parties; or (j) knowingly take any action that would cause any Company Product or Software to be placed in the public domain.
Disclaimer of Damages
IN NO EVENT SHALL COMPANY OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OR REVENUES AND LOSS OF PROFITS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Third-party trademarks, trade names, product names and logos (the "Trademarks") contained in or used by the Software or Service are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall inure to the benefit of the trademark owner. The use of such Trademarks is intended to denote interoperability and does not constitute: (i) an affiliation by Company and its licensors with such company, or (ii) an endorsement or approval of such company of Company and its licensors and its products or services.
- Speech Data. As part of the Service, Company and/or its licensors collect and use Speech Data, as defined below, to tune, enhance and improve the speech recognition and other components of the Service, and other services and products, including the right to use data derived from Speech Data to develop statistical models used in acoustic and language models for speech recognition and other components of its software and services. In accepting the terms and conditions of this Agreement, End User acknowledges, consents and agrees that Company and/or its licensors may collect the Speech Data as part of the Service and that such information shall only be used by Company and/or its licensors or third parties acting under the direction of Company and/or its licensors, pursuant to confidentiality agreements, to tune, enhance and improve the speech recognition and other components of the Service, and other services and products. Company and/or its licensors will not use the information elements in any Speech Data for any purpose except as set forth above. "Speech Data" means the audio files, associated transcriptions and log files provided by End User hereunder or generated in connection with the Service.
- End User Use Data. As part of the Service, Company and/or its licensors collects and uses End User Use Data, as defined below. End User acknowledges, consents and agrees that Company and/or its licensors may collect End User Use Data as part of the Service. End User Use Data is used to help Company and/or its licensors or third parties acting under the direction of Company and/or its licensors, pursuant to confidentiality agreements, develop, build and improve its products and services. End User Use Data is considered non-personal information, as End User Use Data is in a form that does not permit direct association with any specific individual. “End User Use Data” means information, other than Speech Data, collected by Company and/or its licensors pertaining to your use of the Service.
- End User acknowledges, consents and agrees that through End User’s use of the Services to Company and/or its licensors collection and use as set forth herein of Speech Data and End User Use Data, including the transfer of both to the United States and/or other countries for storage, processing and use by Company and/or its licensors and its third party partners.
- Any and all information that End User provide will remain confidential and may be disclosed by Company and its licensors, if so required, to meet legal or regulatory requirements, such as under a court order or to a government institution if required or authorized by law, or in the event of a sale, merger or acquisition to another entity by Company or its licensors.
Last modified: November 12, 2013