Welcome to 7 Studio (SM)! 7 Studio is a collection of information and resources that you can use to design, develop, and test voice applications. 7 Inc. provides you with access to 7 Studio subject to the terms and conditions of this agreement (the "Studio Agreement"). Any new features or changes to Tellme Studio shall be subject to this Studio Agreement unless explicitly stated otherwise.
Please read this Studio Agreement carefully before registering for or using 7 Studio. By registering for or using 7 Studio, you agree to be bound by the terms and conditions set forth in the Studio Agreement. If you do not wish to be bound by these terms and conditions, do not use 7 Studio.
Note. Important: 7 Networks may modify and restate the terms and conditions of the Studio Agreement from time to time by posting a new version of this document on the 7 Networks web site at http://studio.7.com/apply/termsofservice.html. Accordingly, users of 7 Studios should consult this document regularly to ensure that their activities conform to the most recent version. Your continued use of 7 Studio shall be deemed to be your conclusive acceptance of all modifications to the Studio Agreement.
- 7 Studio is part of the 7 Service, and in addition to the terms and conditions of this Studio Agreement, your use of 7 Studio is also subject to the terms and conditions set forth in the User Agreement for the 7 Service (which can be found at http://www.7.com/about/legal/terms). Before registering for or using 7 Studio, please carefully read the two agreements. The Studio Agreement supplements and is part of the User Agreement, and if you do not wish to be bound by the terms and conditions of the User Agreement, do not use 7 Studio.
- LIMITED PURPOSE.
- 7 Networks is providing access to 7 Studio to assist you in the development and demonstration of voice applications. You may not use 7 Studio to make voice applications publicly available through 7 Studio (e.g., give your access code to others to enable them to access 7 Studio applications).
- 7 Networks grants you a license to use the 7 Studio functionality in the development of your own voice applications. Furthermore, 7 Networks grants you a personal, limited license under 7 Networks' copyrights to copy and prepare derivative works of the 7 Networks sample application source code made available in 7 Studio (or portions thereof) for the sole purpose of developing and prototyping applications in 7 Studio. Additionally, you may use the 7 Studio functionality on a limited basis to demonstrate the operation of your developed application to others, provided however that you will ensure that such demonstrations are reasonable in number and that your developed application is not in any event made generally publicly available through 7 Studio. You may not use the 7 Studio functionality for any other purpose.
- YOUR RIGHTS.
- You shall retain your entire right, title, and interest in and to those portions of any application directly and originally authored by you ("Your Application"), but not to any portions of Your Application that consist of or are based upon the pre-existing intellectual property of 7 Networks (collectively, the "7 IP"). You agree that 7 Networks shall be the sole owner of the 7 IP and that you will provide reasonable assistance to 7 Networks in perfecting its right, title, and interest in and to the 7 IP.
If you choose to develop a voice application using 7 Studio, you agree
that you are solely responsible for Your Application, any conduct resulting
from use of Your Application, and any other content you make available for
transmission through the 7 Service or otherwise in connection with your
voice application. You may not use, or enable or permit others to use Your
Application or content for any purpose that is prohibited by the User
Agreement or the Studio Agreement. You also agree that you will comply
with any and all
requirements, technical and otherwise, set forth on the 7 Networks web
site or that 7 Networks otherwise communicates to you. Without limiting
the foregoing, you agree that you shall not use 7 Studio, Your
Application, or any other part of the 7 Service to:
- violate any law, statue, ordinance or regulation, or make available or provide any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- make available or provide any content that infringes any patent, trademark, trade secret, copyright, right to privacy, publicity, or other proprietary right of any party or that you otherwise do not have a right to make available or provide under any law or contractual or fiduciary relationship (such as inside information and proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- target content toward, or gather personally identifiable information from, children under the age of 13, or harm minors in any way;
- damage, impair, disable, overburden, or reverse engineer the 7 Service or in any way interfere with 7 Network's rights or any other user's use and enjoyment of the 7 Service;
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty;
- reverse engineer, decompile, disassemble or translate the development tools made available to you through 7 Studio or to disclose results of any benchmark tests of such development tools to any third party without 7 Networks' prior written approval; or
- rent or lease the 7 Studio Functionality or use the 7 Studio Functionality in a time-sharing or service bureau arrangement.
- 7 Networks currently provides 7 Studio free of charge. 7 Networks reserves the right to begin charging for this set of features, and/or for additional features or tools made available in 7 Studio and the other parts of the 7 Service in the future.
- NO WARRANTY.
- 7 STUDIO, AND ANY INFORMATION, FUNCTIONALITY, SOFTWARE TOOLS, CODE, AND CODE FRAGMENTS AVAILABLE THEREIN ARE PROVIDED "AS IS", AND YOUR USE THEREOF ARE AT YOUR OWN, SOLE RISK. 7 NETWORKS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THE 7 STUDIO FUNCIONALITY AND ITS USE MAY NOT BE UNINTERRUPTED OR ERROR-FREE AND THAT IT IS NOT INTENDED FOR USE IN A PRODUCTION ENVIRONMENT.
- LIMITATIONS OF REMEDIES.
- REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL 7 NETWORKS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST DATA, LOST PROFITS, INTERRUPTION OF BUSINESS, OR SPECIAL, INDIRECT, DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE 7 STUDIO FUNCIONALITY OR ANY CODE OR DATA SUPPLIED THEREWITH OR OTHERWISE OUT OF THIS AGREEMENT, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER CAUSE OF ACTION, AND EVEN IF 7 NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
- You agree that 7, in its sole discretion, may terminate your password, use of the 7 Service, access to 7 Studio, or use of any other 7 service and may remove and discard Your Application and/or any content within the Service, for any reason, including, without limitation, for lack of use or if 7 believes that you have violated or acted inconsistently with the letter or spirit of the TOS. 7 may also in its sole discretion and at any time discontinue providing 7 Studio, or any part thereof, with or without notice. You agree that any termination of your access to services under any provision of this Studio Agreement may be effected without prior notice and acknowledge and agree that 7 may immediately deactivate or delete your 7 service and all related information and files in your 7 service and/or bar any further access to such information or 7 Studio. Further, you agree that 7 shall not be liable to you or any third-party for any termination of your access to or use of 7 Studio.
- CONFIDENTIAL INFORMATION.
- You agree not to disclose any information you receive from 7 that is identified as being confidential or proprietary information to any third parties except to employees who have a need to know such information in connection with developing applications using 7 Studio. You agree that a violation of this provision may result in irreparable harm to 7 and will entitle 7 to obtain injunctive relief without the necessity of proving actual damages, in addition to any other remedy which 7 may have.
- EXPORT LAW.
- You acknowledge and agree that the 7 Studio Functionality may be subject to controls imposed by the United States Export Administration Act and the regulations thereunder. You agree and certify that neither the 7 Studio Functionality nor any direct product thereof is being or will be acquired, shipped, transferred or reexported, directly or indirectly, into any country in violation of such law and the regulations thereunder or will be used for any purpose prohibited by the same.
- USE OF YOUR NAME.
- 7 Networks may reference your business relationship with 7 Networks in marketing materials used by 7 Networks.
- This Agreement will be governed by the laws of the State of California, without regard to or application of conflicts of law rules or principles. If any provision of this Agreement is held to be unenforceable, that provision will be removed and the remaining provisions will remain in full force. The waiver by either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach. Any waiver, amendment or other modifications or any provision of this Agreement will be effective only if in writing and signed by the parties. You may not assign this Agreement without 7 Networks's prior written consent.