Agree to the User License « Talkler. Email for your Ears.

Agree to the User License

By installing and using Talkler, YOU AGREE to the End User License Agreement below.

End User License Agreement

TALKLER LABS, LLC, END USER LICENSE AGREEMENT FOR TALKLER APPLICATION

From: http://www.talkler.com/legal

This is a legal agreement between You (the individual or the entity licensed to use the Talkler application (the ‘Licensed Application’)) and Talker Labs, LLC, (“Talkler”). Please read the following terms carefully.

YOU MUST AGREE TO THE TERMS OF THIS END USER LICENSE AGREEMENT (the “AGREEMENT”) IN ORDER TO INSTALL AND USE THE LICENSED APPLICATION. BY INSTALLING THE LICENSED APPLICATION OR CLICKING ON THE “ACCEPT” BUTTON, YOU AGREE TO BE BOUND TO THE TERMS OF THIS AGREEMENT. YOU MAY NOT USE THE LICENSED APPLICATION IN ANY WAY UNLESS YOU HAVE ACCEPTED THESE TERMS AND CONDITIONS.

The Licensed Application is an application that permits users to access and interact with their email accounts on certain mobile devices via spoken commands, onscreen and close-proximity gestures, onscreen displays and text-to-speech audio. The following general terms and conditions govern your use of the Licensed Application and permit you to download, install and use the Licensed Application and accompanying documentation provided by Talkler.

1. LICENSE GRANT. Talkler grants You a personal, non-exclusive, non-transferable, non-sublicensable, revocable limited license, in object code form only, to install and use the Licensed Application on a single Device to access the service. A “Device” is any authorized Apple® iPhone®. Talkler may extend device coverage to other Apple® iOS devices in the future. You acknowledge and agree that the Licensed Application will use your wireless network to send and receive data, and that your mobile operator may bill you the Licensed Application airtime, data and/or usage fees.

2. LICENSE RESTRICTIONS. This license does not allow You to use the Licensed Application on any Device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components, if any, included with the Licensed Application). Any attempt to do so is a violation of the rights of Talkler and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Talkler that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

3. PROPRIETARY RIGHTS. Talkler and its licensors own all right, title, and interest in the Licensed Application including, but not limited to, all patent, copyright, trade secret, trademark and other intellectual property rights associated therewith, and all title to such rights shall remain solely in Talkler and/or its licensors. Unauthorized copying of the Licensed Application, or failure to comply with the above restrictions, will result in automatic termination of this Agreement and all licenses granted hereunder, and will make available to Talkler all legal and equitable remedies for breach thereof.

4. THIRD PARTY SOFTWARE. For a list of included third party software, and terms and conditions associated with the use thereof, please go to: http://www.talkler.com/legal

5. TERMINATION. The license is effective until terminated by You or Talkler. Your rights under this license will terminate automatically without notice from Talkler if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

6. THIRD PARTY MARKETING MATERIALS. The Licensed Application may include certain sales and marketing materials of Third Parties and may provide You with the Third Party’s web site or email address or phone number to enable you to acquire further information. If You wish to obtain further information, You may do so in any of the following ways: (i) You may contact the Third Party directly; (ii) You may tap the button on the Licensed Application that says ‘Send me details’ or ‘Connect me now’ or equivalent; or (iii) You may issue a ‘voice command’ to the Licensed Application to ‘Send me details’ or ‘Connect me now’ or equivalent. Each of these methods (i), (ii) and (iii) is a method to “Opt In.”) If you Opt In with a (ii) button tap or (iii) voice command, the Licensed Application will indicate to the Third Party on your behalf that you are interested in obtaining further information. If you Opt In with a given Third Party, the Third Party may acquire your email address, phone number, name and other contact information from Talkler, in order to respond to your request, and the Third Party may from time to time contact you via email or phone to give you additional information or marketing materials, either related or unrelated to your original Opt In request. By Opting In, you are authorizing that Third Party and its affiliated companies to call you at the phone number you provide them or provide Talkler or from which you may call (identified by caller ID) or that is acquired by Talkler through lookup services or equivalent or that may be publicly available through public records; and you understand that the Third Party may use automated phone technology to call you. You understand and agree that the phone number described above may connect to a landline, a mobile phone number or a voice over internet protocol (VoIP) phone line. At no time are you required to make a purchase by Opting In as described. Talkler will not be responsible for the initial contact or any continued contacts by any Third Party to you, nor will Talkler have any responsibility to discontinue contacts by the Third Party to You. Further, by contacting such a Third Party, You acknowledge and agree that Talkler is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party materials or information provided to You. Talkler does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any Third Party materials or information, or for any products or services of third parties. Talkler may also present certain sales and marketing materials of its own within the Licensed Application and may provide You with the opportunity to Opt In as described herein, and may act as a Third Party by contacting you or presenting sales and marketing materials as described herein.. Talkler makes every reasonable effort to use state-of-the-art speech recognition technology, such as the technology used to recognize a voice command you may speak to the Licensed Application to Opt In. By using the Licensed Application, you acknowledge and agree that even state of the art for speech technology and voice commands is imperfect, and that it is possible for the Licensed Application to misinterpret things you say, the sounds in the immediate vicinity, or even silences and the absence of intentional voice commands. You therefore acknowledge by using the Licensed Application that it is possible for the Licensed Application to register an Opt In from you, even if you did not intend to Opt In, and you accept the possibility that under such circumstances you may be contacted by Third Parties as described herein. Talkler will not release, share, publish, sell, lease, license or otherwise distribute your contact information unless authorized by you as described herein.

7. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION IS PROVIDED “AS IS” AND ‘AS AVAILABLE’, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TALKLER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TALKLER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION, INCLUDING SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TALKLER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

8. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TALKLER, ITS OFFICERS, DIRECTORS, AND EMPLOYEES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES ARISING FROM PERSONAL INJURY OR PROPERTY DAMAGE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, BUSINESS INTERRUPTION, OR COST OF COVER, RESULTING FROM THE USE OF THE LICENSED APPLICATION, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

9. EXCLUSIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT TALKLER MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF TALKLER’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

10. RESPONSIBLE USE OF THE LICENSED APPLICATION BY DRIVERS. THE LICENSED APPLICATION HAS BEEN DESIGNED TO PERFORM IN MANY ENVIRONMENTS BY MAXIMIZING YOUR USE OF VOICE COMMANDS AND SIMPLE HAND GESTURES. IT IS POSSIBLE TO USE THE LICENSED APPLICATION EFFECTIVELY WHILE OPERATING A MOTOR VEHICLE, IF YOU USE THE LICENSED APPLICATION IN A SAFE, RESPONSIBLE MANNER. YOU SHOULD ALWAYS BE MINDFUL THAT IT IS YOUR SOLE RESPONSIBILITY TO OPERATE YOUR VEHICLE IN A SAFE MANNER AND IN COMPLIANCE WITH APPLICABLE LAWS. YOU SHOULD NOT USE THE LICENSED APPLICATION WHILE DRIVING IF YOU HAVE NOT FAMILIARIZED YOURSELF WITH THE INSTRUCTIONS FOR ITS OPERATION, AND YOU SHOULD NOT UTILIZE CERTAIN FUNCTIONS SUCH AS ONSCREEN HELP OR ‘TALKLER TIPS’ WHILE YOUR VEHICLE IS MOVING BECAUSE THOSE FUNCTIONS GENERATE TEXTUAL RESPONSES THAT MUST BE READ ON THE SCREEN OF THE DEVICE. TALKLER EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR LOSS OCCURRING FROM USE OF THE LICENSED APPLICATION WHILE OPERATING A MOTOR VEHICLE.

11. DIAGNOSTIC AND OTHER DATA. (a) COLLECTION. Talkler reserves the right to collect diagnostic data automatically from your Device in order to improve the Licensed Application. Talkler may also collect your Contact Data (name, email, address or postal code, phone number, etc.) when You supply such data inside the Licensed Application (such as when you register to use the Licensed Application, or request technical support from Talkler, or supply your contact data using the custom email signature features inside the Licensed Application), or when You expressly authorize it (such as when you grant the Licensed Application access to your location data). You also authorize Talkler to acquire or derive your Contact Data through lookup services or public records or equivalent. You may revoke such authorization at any time using the standard methods of the Device (for example, by turning off Location Services for the Licensed Application in the Settings app of the Device, or by deleting your contact data at any time using the custom email signature features inside the Licensed Application). (b) SHARING. Talkler will not collect any Contact Data for the purpose of identifying You or your Device, except for Talkler’s own marketing purposes or when You Opt In with a Third Party as described herein. When you Opt In with a Third Party, the Third Party may receive your Contact Data. Talkler also reserves the right to use your Contact Data and other personally identifiable information (as supplied by you inside the Licensed Application) for the purpose of marketing Talkler services and products to You. (c) DIAGNOSTIC AND OTHER ANONYMOUS METADATA. Talkler will not view or transfer or store your emails for the purpose identifying You or your Device. Talkler reserves the right to view anonymous metadata regarding the email accounts You connect to the Licensed Application (such as types of email accounts, email header info, etc.), in order to improve the Licensed Application and improve Talkler’s services and the services of its authorized partners. In accepting the terms and conditions of this Agreement, you acknowledge, consent and agree that Talkler may collect the diagnostic and other data described herein, and that such information shall only be used by Talkler or Third Parties as set forth above.

12. SUPPORT. To facilitate the process of evaluating and testing the Licensed Application, Licensee may refer to Talkler “frequently asked questions” at: http://www.talkler.com/support. For additional support, Licensee may request such support via the foregoing website, and upon Talkler personnel availability, Talkler may provide reasonable support services through fax, email or other means to Licensee with regards to defect and/or clarification of functions and features of the Licensed Application. Talkler support may be available via email, website or phone, at Talkler’s option.

13. EXPORT COMPLIANCE. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear missiles, or chemical or biological weapons.

14. U.S. GOVERNMENT END-USERS. The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. *2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. *12.212 or 48 C.F.R. *227.7202, as applicable. Consistent with 48 C.F.R. *12.212 or 48 C.F.R. *227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

15. APPLICABLE LAW. The laws of the Commonwealth of Massachusetts, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.

16. APPLE INC. (‘APPLE’) RELATED PROVISIONS. The following provisions apply if you have acquired the Licensed Application through Apple’s App Store:

a. Apple is not a party to this Agreement, and Talkler is solely responsible for the Licensed Application, including issues of (i) warranty, (ii) support, or (iii) claims relating to the Licensed Application by You or any third party alleging product liability, failure to meet regulatory requirements, violation of consumer protection laws, or infringement of third party intellectual property rights .

b. In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Licensed Application to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application.

c. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof.

17. THIRD PARTY SOFTWARE LICENSE PROVISIONS.

a. THE UNIVERSITY OF CALIFORNIA RELATED PROVISIONS. This product includes software developed by the University of California, Berkeley and its contributors. The following notices, provisions, conditions and disclaimers apply to [said software] included in this product: Copyright (c) 1980, 1993. The Regents of the University of California. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. 3. All advertising materials mentioning features or use of this software must display the following acknowledgement: * This product includes software developed by the University of * California, Berkeley and its contributors. 4. Neither the name of the University nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

b. MailCore RELATED PROVISIONS. This product includes MailCore software. The following notices, provisions, conditions and disclaimers apply to said software included in this product: Copyright (c) 2007-2012 Matt Ronge. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: (a) redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer; (b) redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution; (c) neither the name of the MailCore project nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. DISCLAIMER: THIS SOFTWARE IS PROVIDED BY THE AUTHORS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHORS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

18. MISCELLANEOUS PROVISIONS.

a. This Agreement shall not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

b. This Agreement is the entire agreement between Talkler and You and supersedes any other communications or advertising with respect to the Licensed Application.

c. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect.

d. The failure of Talkler to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

19. SURVIVAL. The following sections of this Agreement shall survive the expiration or termination of this Agreement: Section 2, License Restrictions; Section 3, Proprietary Rights; Section 4, Third Party Software; Section 5, Termination; Section 6, Third Party Marketing Materials; Section 7, No Warranty; Section 8, Limitation of Liability; Section 9, Exclusions; Section 10, Responsible Use Of The Licensed Application By Drivers; Section 13, Export Compliance; Section15, Applicable Law; Section 16, Apple Inc. (‘Apple’) Related Provisions, Section 17, Third Party Software License Provisions; Section 18, Miscellaneous Provisions and Section 19, Survival.

Document Version: Talkler EULA for iOS March 29, 2015