1 LICENSE GRANT
Paddy Power grants to the end user (“End User”) a non-exclusive, non-transferable right and license (which may be revoked by Paddy Power at any time) to use the Software, as incorporated in to this application (the “App”), in Ireland and the UK for the sole and limited purpose of accessing the Service. In these Terms of Service “Software” means (a) Speech Recognition software which provides access to the Service, in executable code form, including, but not limited to all corrections, modifications, enhancements, or updates, if any, thereto that the Speech Recognition service provider may provide, and (b) the voice control software available within the App responsible for mapping end user spoken utterances, transcribed by the software described in (a), to in-app actions. "Service" means hosted services that (a) transcribe short message dictation and free form search requests and (b) interpret the transcriptions and requests in order to facilitate the display to the End User of on-screen responses within the App, all of which are originated through the Software.
2 PROPRIETARY RIGHTS
End User acknowledges that Paddy Power and its licensors retain all right, title and interest in and to the original, and any copies, of Software which is incorporated into the App, and to the Service. Without limiting the generality of the foregoing, End User agrees not to: (a) submit any automated or recorded queries to the Service unless otherwise approved in writing by Paddy Power and its licensors; (b) use the Service for commercial use; (c) access the Service with software or means other than the Software; (d) copy, reproduce, distribute, or in any other manner duplicate the Software, in whole or in part; (e) sell, lease, license, sublicense, distribute, assign, transfer or otherwise grant any rights in the Software or Service, in whole or in part; (f) modify, port, translate, or create derivative works of the Software; (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; (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 the App or Software to be placed in the public domain. The Software and Service may contain a copy of the Speex codec in executable form. End User acknowledge that use of the Speex codec is subject to the conditions and disclaimers listed in revised BSD license found at http://www.xiph.org/licenses/bsd/speex/. © 2002-2003, Jean-Marc Valin/Xiph.Org Foundation.
3 LIMITATION OF LIABILITY
The liability of Paddy Power (and its third party service providers including, without limitation, all licensors) to End Users regarding its services and those available via the App, is set out in the paddypower.com Terms & Conditions, a link to which is available within the App.
4 CONSEQUENTIAL DAMAGE
IN NO EVENT SHALL PADDY POWER OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OR REVENUES AND LOSS OF PROFITS, EVEN IF PADDY POWER OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5 TRADEMARKS
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 Paddy Power and its licensors with such company, or (ii) an endorsement or approval of such company of Paddy Power and its licensors and its products or services.
6 SPEECH DATA
(a) SPEECH DATA. As part of the Service, Paddy Power and/or its licensors collects and uses Speech Data, as defined below, to tune, enhance and improve the speech recognition and other components of the Software, and associated products and services. Data of a personal nature will not be collected or used. In accepting the terms and conditions of this Agreement, End User acknowledges, consents and agrees that Paddy Power and/or its licensors may collect the Speech Data as part of the Service and that such information shall only be used by Paddy Power and/or its licensors or third parties acting under the direction of Paddy Power and/or its licensors, pursuant to confidentiality agreements, to tune, enhance and improve the speech recognition and other components of the Software, and associated products and services. Paddy Power 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. (b) Any and all information that End User provides will remain confidential and may be disclosed by Paddy Power 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 Paddy Power or its licensors.
