TERMS OF USE OF THIS WEBSITE

TERMS OF USE OF THIS WEBSITE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. This site is owned and operated by VOICEAGE CORPORATION (referred to as “VoiceAge” “we,” “us,” or “our” herein).

BY ACCESSING OR USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE, ALL APPLICABLE LAWS AND REGULATIONS, AND AGREE THAT YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY OF THESE TERMS. THE INFORMATION, CONTENT, SERVICES, SOFTWARE, WHITE PAPERS, PRESS RELEASES, DATA SHEETS OR ANY OTHER MATERIAL (COLLECTIVELY "MATERIAL") CONTAINED IN THIS WEBSITE ARE PROTECTED BY APPLICABLE COPYRIGHT AND TRADEMARK LAW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET OUT BELOW, DO NOT ACCESS THE WEBSITE AND/OR DOWNLOAD ANY MATERIAL.

1. Limited Right to Use
The viewing or downloading of any Material grants you only a limited, non-exclusive license for your personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. Without limiting the foregoing, no part of any Material may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use and in accordance with the terms of this agreement. The foregoing license does not apply to Material for which there exists a specific license on this website.

2. Links to Other Websites
This website contains links to other websites. VoiceAge and its suppliers are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by VoiceAge or its suppliers. Inclusion of any linked website does not imply approval or endorsement of the linked website by VoiceAge and its suppliers. If you decide to leave this website and access these third party websites, you do so at your own risk.

3. Download and Use of Software
Any software and samples made available for download from this website ("Software") are the copyrighted work of VoiceAge and/or its suppliers. For any Software made available for downloading from this website, you agree that the use of such Software is governed by the licensing terms accompanying the Software or if no license terms accompany the Software, the terms and conditions of this agreement on this website apply.

Any Software which is downloaded or installed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (b)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer of the Software is VoiceAge Corporation, 750 Chemin Lucerne, Suite 250, Montreal, Québec, Canada, H3R 2H6.

4. Trademarks
ACELP®, ACELP®.net, ACELP®.live, ACELP®.wide, VoiceAge® are either trademarks or registered trademarks of VoiceAge Corporation in Canada and/or other countries. All third party trademarks, trade names, product names and logos contained in this website may be the trademarks or registered trademarks of their respective owners. Any use of the trademarks and registered trademarks owned by VoiceAge shall be subject to your strict compliance to the trademark usage guidelines found at URL http://www.voiceage.com, as the case may be, (or a replacement therefore as may be designated by VoiceAge from time to time).

5. Use of Documents
You may use the white papers, press releases, data sheets or other documents on this website ("Documents"); provided, however, that the copyright notice "Copyright © 2001-2007 VoiceAge. All Rights Reserved" appears in all copies and that use of the Documents is for personal use only and may not be copied or broadcast in any media, and modifications of any Documents may not be made without VoiceAge prior written consent. In addition, the end-user of such Documents must first carefully read and abide to any restrictions and/or notices that may accompany or be affixed on the Documents. If there is no such restriction or notice, you agree that the use of the Documents shall be subject to the following restriction/notice:

VOICEAGE CORPORATION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THIS DOCUMENT. MOREOVER, FOR GREATER CERTAINTY, VOICEAGE CORPORATION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, ACCURACY OR COMPLETENESS OF INFORMATION FOUND ON NON LINKED-IN OR INACTIVE PAGES, WHICH MAY CONTAIN OUT OF DATE INFORMATION. THIS DOCUMENT IS PROVIDED AS IS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN NO EVENT WILL VOICEAGE CORPORATION AND/OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATESOEVER RESULTING FROM THE LOSS OF USE, DATA, PROFITS OR SAVINGS, ARISING OUT OF THE USE OR INABILITY TO USE THE INFORMATION CONTAINED IN THIS DOCUMENT. WITHOUT LIMITING THE FOREGOING, VOICEAGE CORPORATION AND ITS SUPPLIERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. VOICEAGE CORPORATION AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE DOCUMENT AT ANY TIME WITHOUT NOTICE. IF YOU DO NOT AGREE WITH THE FOREGOING, DO NOT READ OR OTHERWISE USE THE DOCUMENT.

6. Limitation of Warranty
THE MATERIAL ON THIS WEBSITE IS PROVIDED AND ACCEPTED STRICTLY "AS IS" AND WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, ACCURACY, ABSENCE OF VIRUSES, RESULTS, OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY AGAINST LATENT DEFECTS, OF LACK OF NEGLIGENCE. VOICEAGE AND ITS SUPPLIERS DO NOT WARRANT THAT THE MATERIAL IS EXEMPT FROM ERRORS, THAT ALL ERRORS MAY BE DETECTED OR CORRECTED OR THAT USE OF THE MATERIAL WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE MATERIAL REMAINS WITH YOU. VOICEAGE AND ITS SUPPLIERS GIVE NO WARRANTY THAT THE MATERIAL WILL OPERATE WITH YOUR PRODUCTS OR WILL MEET YOUR REQUIREMENTS. ALSO THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NONINFRINGEMENT WITH RESPECT TO THE MATERIAL.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VOICEAGE AND ITS SUPPLIERS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THIS AGREEMENT OR USE OF, OR INABILITY TO USE THE MATERIAL OR WEBSITE INCLUDING LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF USE OR INTERRUPTION OF BUSINESS EVEN IF VOICEAGE, ITS SUPPLIERS HAS (HAVE) BEEN ADVISED OF THE POSSIBILITY OF SAME.

NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF VOICEAGE, ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND/OR USE OF THE MATERIAL AND/OR USE OF THE WEBSITE AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO U.S. $5.00.

NOTHING CONTAINED IN THIS AGREEMENT OR WEBSITE SHALL BE CONSTRUED AS (I) IMPOSING OR CONFERRING ANY OBLIGATION OR RIGHT TO BRING OR PROSECUTE ACTIONS OR SUITS AGAINST THIRD PARTIES FOR INFRINGEMENT OF ANY OF THE RIGHTS LICENSED HEREIN; (II) CONFERRING ANY RIGHT TO USE IN ADVERTISING, PUBLICITY OR OTHERWISE, ANY NAME, TRADENAME OR TRADEMARK UNDER ANY FORM, BELONGING TO VOICEAGE OR ITS SUPPLIERS, EXCEPT AS EXPRESSLY PERMITTED UNDER THIS AGREEMENT.

THE FOREGOING DISCLAIMERS, LIMITATIONS AND EXCLUSIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

7. Revision, Errata and Changes
Without limiting the generality of the terms of the above disclaimer, this website could include technical, typographical or photographic errors. This website may be updated, revised or supplemented at any time, and VoiceAge may impose new or additional terms and conditions on the use of this website at any time ("Change") and without notice to the user of this website. Changes will become effective upon the date of posting such terms to the website.

8. Indemnification
You agree to indemnify, defend and hold VoiceAge and its partners, employees, agents and related companies, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a user's violation of this agreement, use of this website or the placement or transmission of any information or other materials on this website by you.

9. Applicable Jurisdiction
This website is operated from Montreal, Province of Quebec, Canada, and you agree that this agreement and any legal action or proceeding relating to this website shall be governed by the laws of applicable in the Province of Quebec, except as they pertain to conflict of laws. If you attempt to bring any legal proceedings against VoiceAge, its employees, agents or related companies, you specifically acknowledge that VoiceAge is free to choose the jurisdiction of its preference as to where such action is held.

10. General
(i) This agreement and other documents referenced herein constitute the entire agreement between you and VoiceAge with respect to your use of this website; (ii) the failure of VoiceAge to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision; (iii) if the Material is installed or used by a corporation or other legal entity, then this agreement is formed by and between VoiceAge and such entity. You represent and warrant to VoiceAge that you have the authority to bind such entity to the terms and conditions of this agreement; (iv) a breach of any of the promises or agreements contained herein by you will result in irreparable and continuing damage to VoiceAge for which there may be no adequate remedy at law, and VoiceAge shall be entitled, without waiving any rights or remedies, to such injunctive or equitable relief and/or a decree for specific performance, and such other relief as may be deemed proper (including monetary damages if appropriate); (v) all rights not expressly granted by VoiceAge are hereby reserved; (vi) if any provision or part of any provision of this agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions or part of any provision shall remain in full force and effect and the illegal, invalid or unenforceable provision or part of any provision shall be replaced by a legal provision or part of a provision carrying to the extent legally permissible the intent of the parties as to such illegal, invalid or unenforceable provision or part of a provision; (vii) the parties hereto have requested that this agreement be drafted in English. Les parties aux présentes ont exigé que ce contrat soit rédigé en langue anglaise.