Hound End User License Agreement
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE HOUND APP OR THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE EULA. IF YOU DO NOT AGREE, YOU MAY NOT USE THE HOUND APP OR THE SERVICE.
You acknowledge and agree that, as provided in greater detail in the EULA:
- the Hound App is licensed, not sold to you, and that you may use the Service only as set forth in this EULA;
- this Hound App is not intended for use by persons under the age of 13;
- the use of the Service may be subject to separate third party terms of service and fees, including without limitation the terms of service and data, SMS, MMS, and other fees of your mobile network operator (“Carrier”), which are your sole responsibility;
- the Service is provided “as is” without warranties of any kind and SoundHound’s liability to you is limited;
- disputes arising hereunder will be resolved by binding arbitration as set forth in the Terms, and by accepting this EULA, as provided in greater detail in Section 14 of the Terms you and SoundHound are each waiving the right to a trial by jury or to participate in a class action;
- the Hound App may require access to the following services on your mobile device: UDID, MAC address, or other applicable device identifier, phone state and identity, internet, SMS/MMS messaging, and location; and
- if you are using the Hound App on an iOS-based device, you agree to and acknowledge the “Notice Regarding Apple”, below.
1. LIMITED LICENSE. Subject to your complete and ongoing compliance with all the terms and conditions set forth in this EULA (including without limitation payment of any applicable fees and compliance with all license restrictions), SoundHound grants you (1) a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use one copy of the Hound App downloaded directly from SoundHound or from a legitimate marketplace (such as Apple’s iTunes store or Google Play), solely in object code format and solely for your personal use for lawful purposes, on a single compatible mobile device that you own or control, and (2) permission to access and use the Service, only for your personal use, and solely through the use of a licensed copy of the Hound App. You may not reproduce, distribute, publicly display, or publicly perform the Hound App or any part of the Service. Except if, and solely to the extent that, such a restriction is impermissible under applicable law, you may not (a) decompile, reverse engineer, or otherwise access or attempt to access the source code for the Hound App, or make or attempt to make any modification to the Hound App; or (b) interfere with or circumvent any feature of the Hound App, including without limitation any security or access control mechanism. You may not use the Hound App or the Service for any purpose other than a purpose for which the Hound App and the Service are expressly designed. The term Hound App, as used herein, includes any update or modification to the Hound App made available to you by SoundHound (unless provided with separate terms). If you are prohibited under applicable law from using the Hound App or the Service, you may not use them.
2. USE OF THE HOUND APP AND THE SERVICE – THIRD PARTY TERMS AND FEES. You are solely responsible for your use of the Service on your mobile device, including without limitation compliance with these and any applicable third party terms, and payment of any applicable third party fees. Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any Carrier service plan you use in connection with your use of the Service (such as voice, data, SMS, MMS, roaming, other applicable fees charged by the Carrier). Accordingly, you should use care in selecting a service plan offered by your Carrier. If your device is lost or stolen, you must notify SoundHound immediately to suspend services.
3. LOCATION-BASED SERVICES. Some of the features of the Service may enable SoundHound to access your location in order to tailor your experience with the Service based on your location (“Location-Based Services”). In order to use certain Location-Based Services, you must enable certain features of your mobile phone, such as GPS, Wi-Fi, and Bluetooth, which enable SoundHound to identify your location through a variety of means, including GPS location, IP address, cell tower location, geo-fencing technology, or detection by physical on-location Wi-Fi or Bluetooth sensors, as available. To the extent your location is collected through Wi-Fi or Bluetooth sensors, such sensors, and the associated data services, may be provided by a third party, and you agree and acknowledge that such third party may access such information for the purpose of providing such data services to SoundHound. You will be given the option to automatically enable the provision of some Location-Based Services through the Hound App, and to enable or disable such Location-Based Services at any time through the Hound App’s Settings menu. If you choose to disable any Location-Based Services on your device and/or opt out of any Location-Based Services through the Hound App’s Settings menu, you will not be able to utilize certain features of the Service. By enabling Location-Based Services on your device, you agree and acknowledge that (i) device data we collect from you is directly relevant to your use of the Service, (ii) SoundHound may provide Location-Based Services related to and based on your then-current location, and (iii) SoundHound may use any such information collected in connection with the provision of Location-Based Services in connection with its provision of the Service. PLEASE NOTE THAT LOCATION DATA MAY NOT ALWAYS BE ACCURATE, AND SOUNDHOUND DISCLAIMS ANY AND ALL WARRANTIES RELATED TO LOCATION-BASED SERVICES.
4. 911 EMERGENCY DISCLAIMER. SOUNDHOUND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO USE THE SERVICE TO CONTACT FIRE, MEDICAL OR POLICE PERSONNEL IN A TIMELY MANNER OR AT ALL. IF YOU EXPERIENCE AN EMERGENCY IMMEDIATELY DISCONTINUE YOUR USE OF THE SERVICE AND DIAL 911.
5. OWNERSHIP; PROPRIETARY RIGHTS.
5.1 The Service is owned and operated by SoundHound. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the “Materials”) provided by SoundHound are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of SoundHound or our third-party licensors. Portions of the Materials may include “open source” software which is subject to different terms than the ones contained here. For a complete listing of the open source software contained in the Materials and the licenses governing your use of such software please visit our copyright notices page. Except as expressly authorized by SoundHound, you may not make use of the Materials. SoundHound reserves all rights to the Materials not granted expressly in these Terms.
5.2 You hereby grant SoundHound an irrevocable, non-exclusive, transferable, royalty-free, sublicensable, worldwide license to use, modify, reproduce, publicly display, publicly perform, distribute, store, collect, copy, transmit, transfer, process, and make derivative works of audio recordings of your voice interactions with the Service (“Recordings”), including without limitation (i) to provide the Service, (ii) to facilitate the provision of new products, updates, enhancements and other services, (iii) to improve the Service, and (iv) to provide new products, services or technologies to You and other customers of SoundHound and its Affiliates.
6. FEEDBACK. If you provide SoundHound with any comments, bug reports, feedback, or modifications proposed or suggested by you for the Service (“Feedback”), such Feedback is provided on a non-confidential basis (notwithstanding any notice to the contrary you may include in any accompanying communication), and SoundHound shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Service without providing compensation to you. You hereby grant SoundHound a perpetual, irrevocable, royalty-free, nonexclusive license under all rights necessary to so incorporate and use your Feedback for any purpose.
7. TERM AND TERMINATION. This EULA will remain in effect until terminated. The EULA, and your rights and licenses hereunder, will terminate immediately upon your breach of the EULA. You may terminate the EULA by uninstalling the Hound App and ceasing all use of the Service. SoundHound may terminate the Service and/or this EULA at any time for any reason, including without limitation any actual or suspected misuse or abuse by you of the Hound App or the Service. Sections 5.2, 6, 7, 9, 10 and 12 through 15 shall survive any termination of this EULA.
8. MODIFICATIONS. SoundHound reserves the right, in its sole discretion, to change, modify, add, or remove portions of the Hound App, or to change, modify, add, or remove portions of this EULA at any time by making such modified EULA available to you through the Hound App. The EULA will be identified as of the most recent date of revision and will be effective immediately upon being made available through the Hound App. Your use of the Service following any such revision constitutes your binding acceptance of such changes. In the event any such modification materially alters your rights hereunder, we will make reasonable efforts to notify you of the modification, such as through sending an email to any address you may have provided to us, through a pop-up window on the Service, or other similar mechanism. No modifications to this EULA will apply to any dispute between you and SoundHound that arose prior to the date of such modification. If you are dissatisfied with the terms of the EULA or any modifications thereof, then you agree that your sole and exclusive remedy is to discontinue any use of the Service.
9. WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY. THE HOUND APP AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOUNDHOUND DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT. SOUNDHOUND EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY OR FUNCTIONALITY OF LOCATION BASED SERVICES, AND WITH RESPCT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE SERVICE, OR THE QUALITY OR CONSISTENCY OF THE SERVICE. SOUNDHOUND FURTHER DISCLAIMS ANY WARRANTY OR LIABILITY RELATED TO YOUR CARRIER’S NETWORK OR SERVICE. UNDER NO CIRCUMSTANCES WILL SOUNDHOUND BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, PUNITIVE AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE. IN NO EVENT WILL SOUNDHOUND’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS EULA OR THE TERMS EXCEED TEN DOLLARS ($10 USD). SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH AN EVENT THE ABOVE LIMITATIONS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
THE SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
10. INDEMNITY. You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless SoundHound and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "SoundHound Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of the SoundHound Policies or any representation, warranty, or agreements referenced therein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
11. THIRD PARTY SOFTWARE. The Hound App may be distributed alongside certain third party software ("Third Party Software") provided under separate license terms ("Third Party Terms"), as set forth in more detail via the Hound App’s Help menu. Your use of such Third Party Software in conjunction with the Hound App in a manner consistent with the terms of this EULA is permitted; however, you may have broader rights under the applicable Third Party Terms and nothing in this Agreement is intended to impose further restrictions on your use of the Third Party Software.
12. GOVERNING LAW; VENUE. This EULA, whether interpreted in a court of law or in arbitration, will be governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and SoundHound agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Santa Clara County, California for the purpose of litigating all such disputes. We operate the Service from our offices in Santa Clara, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
14. NOTICE REGARDING APPLE. You acknowledge that this EULA is between you and SoundHound only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the Hound App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Hound App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
15. CONTACTING SOUNDHOUND. The Hound App and the Service are offered by SoundHound, Inc., located at 3979 Freedom Circle, Suite 400, Santa Clara, CA 95054. For questions or comments please contact us at email@example.com.
Last updated June 1, 2015