Phone:
626-584-9706


Customer Support
Licensing and Legal Information

SoniClear Return Policy

SoniClear products are provided on a Try-and-Buy basis. You are encouraged to test the Trial or Evaluation Version of the programs to ensure that they meets your needs before purchase. However, if you purchase the software on CDROM directly from Trio Systems, and after purchase you are not satisfied, you must apply for a refund within 30 days.

To return the software for a refund:

1. Destroy all copies of the sofware you have made.

2. Write a letter requesting your refund, and include in the letter

(a) a statement that you have destroyed all copies of the software, and

(b) a brief description of why you wish to receive a refund (so that we may improve our product offering in the future).

3. Send the refund request letter, along with copies of your sales receipt, to Trio Systems (by fax or mail). This right to return SoniClear and other rights with respect to the SoniClear software are determined by the terms and conditions of the SoniClear license, as provided with the software. If these terms and conditions are not acceptable, do not install the software.

If you have purchased SoniClear online using the element 5 ecommerce system, you will need to consult their Customer Care Center regarding return policies. Hardware Return Policy

All microphone and related hardware packages purchased from Trio Systems LLC may be returned for a refund for any reason, provided the entire package of purchased equipment is returned in new condition within 30 days from the date the order is placed. Refunds do not include shipping and handling charges. Trio Systems Policies


Trademarks

SoniClearŪ is a registered trademark of Trio Systems LLC. Meeting Recorder, Gov Recorder, Court Recorder and VoiceBoost, are trademarks of Trio Systems LLC.


SoniClear License Agreement

SoniClear is provided as licensed software. Following is a copy of the license as of the time this page was created. This copy is provided as an example of the SoniClear license. The actual license is included with the software when it is installed and all terms and conditions of your SoniClear use are determined by the installed license.

SoniClear
End User License Agreement
Trio Systems LLC

IMPORTANT - THIS IS A CONTRACT - PLEASE
READ THESE TERMS AND CONDITIONS CAREFULLY
BEFORE CLICKING ON THE "ACCEPT" BUTTON

I. THIS LICENSE IS A CONTRACT
This End User License Agreement
("License") is a legal agreement between
You (either an individual or an entity,
"You,") and Trio Systems LLC ("Trio,") and
Trio's suppliers and licensors. The
purpose of this License is to allow You to
copy and use SoniClear(tm) software and
documentation ("SoniClear") with specific
limitations and conditions.

TRIO IS WILLING TO LICENSE ONE COPY OF
SONICLEAR TO YOU ONLY UPON THE CONDITION
THAT YOU ACCEPT ALL OF THE TERMS CONTAINED
IN THIS LICENSE.

By clicking on the "Accept" button,
installing, copying or otherwise using
SoniClear, You acknowledge that You have
read all of the terms of this License and
agree to be bound by them. If You do not
agree to the terms of this License, then
Trio is not willing to license SoniClear
to You. Click on the "Decline" button
and/or do not install SoniClear. Promptly
return SoniClear to Trio within 90 days
for a full refund of the price paid.

If You have received a free evaluation
copy of SoniClear ("Evaluation Copy"), You
are licensed to use it only for the
purpose of evaluating whether to purchase
an on-going license to SoniClear. You may
use files created with the Evaluation Copy
only on a single computer. You may not
transfer, or allow the transfer of, files
created with the Evaluation Copy from that
computer. You must pay for the Evaluation
Copy before using it for any other
purpose. All of the provisions of this
License apply to an Evaluation Copy of
SoniClear unless otherwise indicated
herein.

II. LICENSE
SoniClear is licensed to You, not sold.
That means You can use SoniClear under the
terms of this License, but You do not
own a copy of it. Title, ownership rights
and intellectual property rights in and to
SoniClear remain the property of Trio. In
addition, third-party software components
that are included in SoniClear remain the
property of their respective owners. This
License is non-exclusive and non-
transferable.

1. YOU have the right to:

- Use the licensed copy of SoniClear on
a single computer.
- Make one copy of SoniClear solely for
back up or archival purposes, and make
only those copies required to carry
out other rights in this section II.1.
- Use SoniClear to produce digital audio
recordings ("Recordings") for
distribution to others. (This right
does NOT apply to You if You have an
Evaluation Copy.)
- Use and redistribute the supplied
TranscriberLive.exe, and
SoniClearPlayer.exe programs and Flash
SWF browser files (collectively
"Redistributables") for the
purpose of playing recordings created
by SoniClear.
- Use SoniClear as a plugin or helper
app in conjunction with a SoniClear-
enabled web site, provided that You
accept and abide by the Terms Of
Service of that web site.
2. YOU do NOT have the right and You agree:

- NOT to provide copies of SoniClear to
others, except as otherwise noted in
this agreement.
- NOT to transfer this license to any
third party.
- NOT to use SoniClear to copy
copyrighted material unless You have
secured the rights to do so.
- NOT to make derivative works based on
SoniClear or any of its components.
- NOT to reverse-engineer, translate,
decompile, or disassemble SoniClear
(except to the extent that this
restriction is expressly prohibited by
law).
- NOT to resell, rent, lease, transfer,
or otherwise transfer rights to
SoniClear.
- NOT to make copies of SoniClear without
copying and including all of the
original SoniClear proprietary notices,
for example, and without limitation,
the copyright notice and other
intellectual property notices.
- NOT to copy the written materials
accompanying the software.

3. If the licensed copy of SoniClear
provided to You by Trio incorporates
a "USB Key" hardware copy protection
device (or other similar hardware),
you may install the software on any
number of computers. In that event,
only one copy of SoniClear may be run
at a time, under the control of the
copy protection device. In no case does
this License allow multiple copies of
SoniClear to be run at the same time.

III. ADDITIONAL LICENSE TERMS AND
CONDITIONS
1. This License does not entitle You to
receive any updates, upgrades or
corrections (collectively "Updates") to
SoniClear, nor any support services.
However, should Trio elect to provide You
with Updates, by accepting those Updates,
You agree that they are covered by this
License, unless expressly subject to the
terms of another agreement.

2. You may not use SoniClear in any
application, the proper performance of
which is likely to be critical to personal
health or safety. By way of illustration
and not limitation, SoniClear may not be
used in medical diagnostic applications.

IV. LIMITED WARRANTY
You assume responsibility for the
selection of SoniClear to achieve Your
intended results, and for the
installation, use, and results obtained
from SoniClear. Trio warrants to You that
under normal use and conditions, SoniClear
will perform substantially in accordance
with Trio's published documentation for a
period of ninety (90) days from the date
of purchase (the "Warranty Period"). If
SoniClear fails to so perform during the
Warranty Period, upon Your written request
Trio will, at its option, either replace
SoniClear with a functionally equivalent
program or refund the license fee paid.

EXCEPT AS SPECIFIED IN THIS SECTION, THERE
ARE NO WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, AND THE PROGRAM,
DOCUMENTATION AND OTHER FILES ON THE
MAGNETIC MEDIA ARE PROVIDED "AS IS." (SOME
STATES DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU.)

V. REMEDIES
Trio's entire liability and Your exclusive
remedy under the foregoing Limited
Warranty shall be, at Trio's option: (i)
replacement of a copy of SoniClear that
does not meet Trio's Limited Warranty, or
(ii) refund of the license fee paid. THESE
ARE THE SOLE AND EXCLUSIVE REMEDIES for
any and all claims of any type, whether in
contract or in tort, that You may assert
against Trio arising out of or in
connection with SoniClear, whether made or
suffered by You or anyone else. IN NO
EVENT WILL TRIO BE LIABLE TO YOU OR ANY
OTHER PARTY FOR DIRECT, INDIRECT, GENERAL,
SPECIAL, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY OR OTHER DAMAGES ARISING FROM
THE USE OF OR INABILITY TO USE SONICLEAR
OR FROM ANY BREACH OF THIS WARRANTY, EVEN
IF TRIO HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. (SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE EXCLUSION OR LIMITATION MAY NOT
APPLY TO YOU.)

In no event shall Trio's total liability
exceed the amount of the License fee paid
by You to Trio for the right to use a
single copy of SoniClear. Trio's software
pricing reflects the allocation of risk
and limitations on liability contained in
Sections IV and V.

VI. INDEMNIFICATION BY YOU
You shall indemnify and hold Trio, its
owners, representatives, and their
successors, heirs and assigns, harmless
and defend Trio and such parties from any
claims or lawsuits (including attorneys
fees, legal costs, judgements and
settlements) that arise or result from the
use of SoniClear. SoniClear is intended
for use only with properly licensed media,
content and content creation tools. You
have full responsibility to ascertain
whether any copyright, patent or other
licenses are necessary and to obtain any
licenses to such media and content. You
agree to use only those materials for
which You have the necessary patent,
copyright and other permissions, licenses,
and/or clearances. You agree to hold
harmless, indemnify and defend Trio, its
officers, directors and employees, from
and against any losses, damages, fines and
expenses (including attorneys' fees and
costs) arising out of or relating to any
claims that You have encoded, copied,
compressed, enabled, used, published,
displayed, or transmitted any content or
materials (other than materials provided
by Trio specifically for Your use) in
connection with SoniClear in violation of
another party's rights.

VII. TERMINATION
This License is effective until
termination. Without prejudice to any
other rights of Trio, Trio shall have the
right to terminate this License
immediately and without prior notice upon
the commission by You of a material breach
of this License. A breach shall be deemed
"material" for purposes of this License:

a. If You shall fail to observe any of the
limitations and restrictions contained
in this License Section 2 of Article II
or Section 2 of Article III, each of
which shall be deemed material, non-
curable breaches; or

b. If You shall fail to cure a breach of
any of Your other obligations under
this License within thirty (30) days
after receiving written notice from
Trio.

If You continue to use SoniClear following
termination of this License, such use
shall be an intentional infringement of
Trio's copyright. Accordingly, upon
termination of this License, You shall
forthwith cease using and shall destroy
all copies and partial copies in any form
of SoniClear in Your possession.

VIII. EXPORT RESTRICTIONS
You represent, warrant and agree that You
will not, directly or indirectly, export
or transmit SoniClear to any country to
which such export or transmission is
restricted by any applicable U.S.
regulation or statute, without the prior
written consent, if required, of the
Bureau of Export Administration of the
U.S. Department of Commerce, or such other
governmental entity as may have
jurisdiction over such export or
transmission.

IX. Third Party Software
1. Portions of SoniClear may include
software from other companies or
individuals that require additional
license conditions or limitations
("Third Party Software"). You will be
able to determine this by viewing the
program information dialog accessible
using Help/About from the pulldown menu
("About Box"). Third Party Software is
subject to additional licensing
restrictions, as set forth in this
section IX.

2. If the About Box indicates that
SoniClear includes "MPEG Layer-3"
technology licensed from Fraunhofer IIS
and/or Thomson multimedia, the licensing
restrictions in this subsection IX(2) apply:

MP3 SOFTWARE RESTRICTIONS
MPEG Layer-3 audio coding technology
licensed from Fraunhofer IIS and
Thomson multimedia.

Supply of this product does not convey a
license nor imply any right to distribute
content created with this product in
revenue-generating broadcast systems
(terrestrial, satellite, cable and/or
other distribution channels), revenue
generating streaming applications (via
Internet, intranets and/or other networks),
other revenue-generating content
distribution systems (pay-audio or
audio-ondemand applications and the like)
or on physical media (compact discs,
digital versatile discs, semiconductor
chips, hard drives, memory cards and the
like) distributed for revenue. An
independent license for such use is
required. For details, please visit
http://mp3licensing.com.

3. If the About Box indicates that
SoniClear is "macromedia Flash Enabled",
the following copyright notice and
licensing restrictions in this subsection
IX(3) apply:

Macrimedia Flash Player is (c) Copyright
1995-2002 Macromedia, Inc., 600
Townsend Street, San Francisco, CA
94103 USA. All Rights Reserved.
Use, duplication, or disclosure by the
United States Government is subject to the
restrictions set forth in DFARS 252.227-
7013(c)(1)(ii) and FAR 52.227-19.

4. If the About Box indicates the
SoniClear includes software from
Axis Communications AB., the following
licensing restrictions in this subsection
IX(4) apply:

AXIS SOFTWARE
SoniClear incorporates video and audio
software technology that is provided under
License from Axis Communications AB, a
Swedish Corporation (the "Axis Software").
In addition to the requirements and
limitations set forth in this License, Your
use of the Axis Software is subject to the
following additional requirements:
a) You may use the Axis Software only as an
integrated component of SoniClear;
b) You may not modify the Axis Software;
c) You may not distribute the Axis Software
except as part of SoniClear (which may be
distributed only as expressly permitted by
this License);
d) You may not transfer or assign any
rights to the Axis Software except when
transferring the SoniClear license (which
may be transferred or assigned only as
expressly permitted by this License).
e) You may not reverse engineer,
disassemble or decompile the
Axis Software;
f) Axis Communications AB makes no
representations or warranties to you
whatsoever, whether express or implied;
g) Axis Communications AB disclaims, to the
extent permitted by law, liability for any
damages, whether direct, indirect,
incidental or consequential, arising from
the use of the Axis Software;
h) You must comply fully with all relevant
licensing requirements for video encoders
(and/or decoders) and audio encoders
(and/or decoders) that are used in
conjunction with the Axis Software,
specifically (but not limited to) the MPEG-
4 H.264 and AAC encoders and decoders.

X. GENERAL MATTERS
1. This License is governed by and
construed under the laws of the State of
California (except conflict of law
provisions) and the laws of the United
States. The application of the United
Nations Covenant on Contract for the
International Sale of Goods is expressly
excluded.

2. This License constitutes the entire
contract between You and Trio with respect
to SoniClear and supersedes all prior or
contemporaneous negotiations and
agreements written or oral. Unless
countersigned by Trio, no purchase order
or other document or agreement furnished
by You shall amend or supplement this
License. No amendment to or modification
this License will be binding unless in
writing and signed by Trio.

3. If any provision of this License is
held invalid or otherwise unenforceable by
any Court, such Court is authorized to
revise such provision in a manner as to
make it enforceable and fulfill the intent
and purpose of this License. If such
revision is determined to be impossible
and the objectionable clause relates to
the provisions of either Articles II, V or
VI hereof, or to Trio's ownership of
SoniClear, this License shall be
terminated and the provisions of Article
VII shall apply. In all other cases, such
unenforceable provision shall be stricken
from this License and shall not affect the
enforceability of the remaining
provisions.

4. Any notice given hereunder shall be
delivered via either certified U.S. mail,
or telephone facsimile transmission
("fax") which is confirmed by regular U.S.
mail, addressed to last known address of
the intended recipient and deposited in
the United States mail not later than 24
hours after the fax transmission.

5. U.S. Government: Restricted Rights.
The software and documentation are
provided with RESTRICTIVE RIGHTS. Use,
duplication, or disclosure by the
Government is subject to restrictions: if
supplied to the Department of Defense
(DoD), the Software is "Commercial
Computer Software" and the Government
acquires the Software with "restricted
rights," as defined in Clause 252.227-
7013(c)(1) of the DFARS; if the Software
is supplied to any other Government unit
or agency, the Government's rights in the
Software are defined in Clause 52.227-
19(c)(2) of the FAR; but if the Software
is supplied to NASA, the Government's
rights are defined in Clause 18-227-86(d)
of the NASA supplement to the FAR. The
Manufacturer in Trio Systems, LLC.

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