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 meet 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.
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.
SoniClear® 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.
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,") andTrio'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.
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
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.)
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 forany 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.
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:
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.111441