Prentke Romich Company, doing business as PRC-Saltillo, as licensor (collectively, “PRC-Saltillo,” “we,” “us” or “our”)
AND
Any person, company or organization (“you” or “User”), as licensee pursuant to the terms of this license agreement (“Agreement”) that implements or uses in any way, a PRC-Saltillo iOS software application such as TouchChat®, LAMP Words for Life®, or Dialogue® AAC, (each, an “Application”) on an iOS device (“Device”).
You agree to be bound by the terms of this Agreement when you download, install, copy, execute or in any other way implement, manage, or make use of the Application. If you do not agree to the terms of this Agreement, you shall have no right to make use of it.
Both PRC-Saltillo and you acknowledge that this Agreement is between you and PRC-Saltillo, and there is no other party to this agreement including any third-party application host such as Apple, Inc. (“Apple”). PRC-Saltillo is solely responsible for the content of the Application.
The Application is owned by PRC-Saltillo and is protected by all applicable property and intellectual property laws including copyright protection. Except for the license explicitly granted by this Agreement to you, PRC-Saltillo retains all right, title and interest in and to the Application and all Intellectual Property associated with it, including all patents, copyrights, trademarks, tradenames, trade secrets, and all other proprietary rights in or related to the Application. PRCSaltillo retains the exclusive right to control the use, copying, licensing, and/or distribution of the Application, including the right to restrict others from use, copying, licensing, and/or distributing the Application. See prc-saltillo.com for complete trademark information. In the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, PRC-Saltillo, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
General License Grant: PRC-Saltillo grants you, as a User, a limited, non-exclusive, non-transferable license to use the Application subject to the terms and conditions set forth in this Agreement. As used herein, a User is a Communicator or a Communication Partner.
Communicator: As used herein, a Communicator is any person making use of the software who is not a Communication Partner, including, but not limited to, individuals using the Application, to communicate and/or for accessibility purposes. For a Communicator, the Application may be installed and activated on up to ten (10) devices concurrently, but only for use by you or your Communication Partner.
Communication Partners or Agents: As used herein, a Communication Partner is an individual or entity who uses the software solely to support its use by an AAC communicator, or any professional AAC consultant, advisor, or Information Technology personnel within an AAC service provider or institution.
Communication Partners may:
By using the Product, you accept the following terms:
This Agreement governs any Application updates or upgrades provided by PRC-Saltillo that replace and/or supplement the original Application, unless such are accompanied by a separate license, in which case the terms of that license will govern. Apple has no obligation to provide you with any updates, maintenance, or support services for the Application.
The Application does not require sign-in, log-in, or any information to operate. The Application only collects information that is voluntarily provided if you choose to create an account. If you choose to create an account, the information provided should be that of the Device owner.
To facilitate product support, product development and improvement as well as other services to you, you agree that PRC-Saltillo or other third parties authorized by PRC-Saltillo may use cookies, web beacons, and other analytic technologies to collect, use, store, and transmit non-personally identifiable technical and related information regarding your Device, including unique Device I.D., IP address, geo-location, Device make and model, operating system, software, and applications, including application usage data. In addition, such parties may collect, store, use, and transmit nonpersonally identifiable session data, browser identifiers, carrier information, and online and Application usage metrics, statistics, or analytics.
PRC-Saltillo does not collect any data containing your Protected Health Information (PHI). PHI is defined as any information about health status, provision of health care, or payment for health care. The only data sharing options for Users of the Application are via optional on-line subscription services provided by PRC-Saltillo to be used in conjunction with the Application, such as Realize, iShare, and/or iSharePRC, or if you do not opt out of the collection of anonymous telemetry data. PRC-Saltillo is committed to protecting your privacy and security. For more information, you should review our Privacy Policy located at prc-saltillo.com/privacy-policy. Our Privacy Policy is incorporated into this Agreement by this reference.
You acknowledge that PRC-Saltillo has the right to restrict access to, terminate, and/or otherwise modify the Application for any reason, including but not limited to a breach of any provision of the terms of this Agreement. On termination, you must destroy all copies of the Application and any information or data you have downloaded from the Application.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE APPLICATION IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PRCSALTILLO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT.
NEITHER PRC-SALTILLO, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED.
YOUR DOWNLOAD AND USE OF THE APPLICATION IS AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
NEITHER PRC-SALTILLO, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLICATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION, AND ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO FAILURE TO CONFORM WITH A WARRANTY MADE UNDER THIS AGREEMENT (IF ANY), WILL BE PRC-SALTILLO’S SOLE RESPONSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PRC-SALTILLO AND OUR AFFILIATES, SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PRC-SALTILLO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE APPLICATION; OR (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM USE OF THE APPLICATION, OR ANY DEFECT THEREIN. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, PRC-SALTILLO iOS SOFTWARE APPLICATION LICENSE AGREEMENT AND CAUSES OF ACTION IN CONNECTION WITH THE APPLICATION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE APPLICATION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APPLICATION, OR WITH ANY PROVISION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE APPLICATION.
You may not use the Application in contravention of any federal, state, or other applicable laws. Without limiting the foregoing, the Application may be subject to United States export control laws, and you agree to comply strictly with all such laws which are now or hereafter in effect. In particular, but without limitation, you may not export or re-export the Application: (a) into any United States embargoed countries or (b) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United Sates Department of Commerce Denied Person’s List or Entity List. By using the 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 missiles, nuclear or chemical or biological weapons.
Apple is a third-party beneficiary to this Agreement. Upon your acceptance 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 of this Agreement with respect to the Application.
We, and not Apple, are responsible for addressing any questions, comments, or claims relating to the Application and/or your use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. If you have any comments or questions, please contact PRC-Saltillo at:
PRC-Saltillo
1022 Heyl Road Wooster, OH 44691
Attn: Customer Service
E-mail: info@aacapps.com
You agree to indemnify, hold harmless and, at our option, defend us and our affiliates, and our and their officers, directors, employees, stockholders, agents, and representatives from any and all third party claims, liability, damages, and/or costs (including, but not limited to, reasonable attorney’s fees and expenses) arising from your improper use of the Application, your violation of this Agreement, or your infringement, or the infringement or use by any other User of your account, of any intellectual property or other right of any person or entity.
This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Application or this Agreement shall be filed only in the state or federal courts located in or having jurisdiction over Wayne County in the State of Ohio and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Our failure to require performance of any provision or part of any provision shall not affect our right to require or enforce performance at any time thereafter, nor shall waiver of breach of any provision of this Agreement by any User operate or be construed as a waiver of any subsequent breach by you or any other User.
Use of any Application that contains or provides access to licensed third party content (including the Tobii Dynavox PCS® symbol library, the News2You SymbolStix® symbol library, METACOM symbols hereinafter SYMBOLS, or Almagu voices) or any part thereof, is governed by the following provisions in addition to the rest of the terms and conditions of this Agreement. The Symbols accessed with Application may not be used to create materials in print or electronic form, whether for communication or instruction, except by a single User in conjunction with use of this Application.
PCS symbols may be distributed solely in Boardmaker file formats designated with a”.bm2”, “.zip”, or “.zbp” file extension. SymbolStix symbols may be distributed for personal use only when a SymbolStix Prime subscription is purchased. Distribution of any content or materials using SYMBOLS in other formats (e.g. .pdf or PDF, .ppt or PowerPoint, .doc or WORD, or similar software formats used to display and/or transmit text and/or images) is not permitted.
METACOM Symbole © Annette Kitzinger. Reproductions for the automated analysis of METACOM symbols for information retrieval (text and data mining) are not permitted and remain reserved to the copyright holder.
Users of this Application may not rent, lease, or lend SYMBOLS, or provide them to any online service or commercial hosting services. Users may not sublicense, assign, or transfer any rights to the SYMBOLS, or authorize all or any portion of the SYMBOLS to which the User has access to be copied onto any computer or other device.
The Application may provide access to Almagu voices. The Voice Keeper™ is a trademark of Almagu. All rights reserved. Almagu voices may contain recordings from the VCTK Corpus (Yamagishi, Junichi; Veaux, Christophe; MacDonald, Kirsten. (2019). CSTR VCTK Corpus: English Multi-speaker Corpus for CSTR Voice Cloning Toolkit (version 0.92), [sound]. University of Edinburgh. The Centre for Speech Technology Research (CSTR) (doi.org/10.7488/ds/2645). This corpus is licensed under the Creative Commons License: Attribution 4.0 International (creativecommons.org/licenses/by/4.0/legalcode), the terms of which are incorporated herein.
In any action or proceeding brought to enforce any provision of this Agreement, the successful party shall, to the extent permitted by applicable law, be entitled to recover reasonable attorneys’ fees in addition to any other available remedy.