Last Modified: October 19, 2016
3. Third Party Products. KnuEdge may also use Your User Data with multiple third parties who create Third Party Products that use the KnuEdge Services. For example, KnuEdge may create a voice model using Your User Data received from Your bank and may later use that voice model to verify You with Your credit card company. KnuEdge may also share Your User Data with third parties who provide Third Party Products to assist with recognition or verification, such as by providing a zip code corresponding to a voice model match. By using the KnuEdge Services, You
4. Rights in Website and KnuEdge Services. Your right to enter into, access and make use of the Website and the KnuEdge Services is governed by this Agreement. However, components of this Website and Services are independently licensed and/or dedicated to the public domain. The Website and Services consist of the software necessary for the Website and Services to function and related copyrighted templates, documentation and materials (together, the “Software”), and a non-trivial organized collections of data, in the form of the selection and arrangement of the voice recordings and related datasets (the “Database”). Unless otherwise expressly stated in the applicable materials accompanying the Software, the Software is licensed under the terms and conditions of the:
Any portions of the Software and Database not licensed as provided above, are provided under a non-exclusive, non-transferable, worldwide, limited license by KnuEdge to use the Services only for the purposes of voice verification and recognition by the End User.
In some cases, bug fixes and enhancements to the Software will continue to use the underlying software’s license terms. In such case, the notices, license, readme, or other documentation accompanying the affected software will so state, and the expressly identified license will take precedence over the licenses listed above.
5. Disclaimers and Limitation of Liability. KnuEdge does not guarantee the accuracy of the KnuEdge Services. KnuEdge does not have responsibility or liability for Third Party Products, including but not limited to the KnuEdge Services providing incorrect recognition or verification information to the Third Party Products. Your only recourse, if any, may be with the provider of the Third Party Product.
THE KNUEDGE SERVICES ARE PROVIDED ON AN “AS IS” BASIS TO THE FULLEST EXTENT PERMITTED BY LAW. KNUEDGE SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, KNUEDGE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR CORRECTNESS, OF ITS SERVICES OR SOFTWARE, OR
LINKS, OR COMMUNICATIONS PROVIDED ON OR THOUGH THE USE OF THE WEBSITES. TO THE EXTENT THIS DISCLAIMER CONFLICTS WITH ANY LAW, THE SCOPE AND DURATION OF ANY APPLICABLE WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, WILL KNUEDGE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE KNUEDGE SERVICES, EVEN IF KNUEDGE HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THOSE DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KNUEDGE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SERVICES, PRODUCTS, PURCHASES, OR TRANSACTIONS ENTERED INTO USING THE KNUEDGE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TYPES OF DAMAGES OR LIABILITY AND, ALTHOUGH THE EXCLUSIONS, LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL ALWAYS BE CONSTRUED TO BE EFFECTIVE TO THE FULLEST EXTENT OF THE LAW, YOU SHOULD CONSULT YOUR OWN LEGAL ADVISOR SHOULD YOU WISH TO DETERMINE THE LAWS AND REGULATIONS THAT APPLY TO YOU. KNUEDGE’S AGGREGATE LIABILITY ARISING WITH RESPECT TO KNUEDGE SERVICES WILL NOT EXCEED $10.
6. Contributions to this Website or the KnuEdge Services. If You upload Personal Information or use the KnuEdge Services in connection with Personal Information, You acknowledge that the following may be deemed to apply to Your use and disclosure: (i) certain sections of the Administrative Simplification section of the Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191, enacted Aug. 21, 1996 (codified at 42 U.S.C. §1320d); (ii) the regulations concerning privacy and security of health-related information and personally identifiable financial data as set forth at 45 C.F.R. Parts 160 through 164 and the federal security regulations set forth in 45 C.F.R. Part 142, and as amended (subsections (i) and (ii) referred to collectively as “HIPAA Requirements”); or (ii) other privacy directives, laws or regulations.
Furthermore, to the extent it is alleged or determined at any time that the HIPAA Requirements, EU Data Protection Directive, privacy laws or regulations of any other jurisdiction, or third party rights are implicated by Your disclosure of Personal Information, You agree to indemnify and hold harmless the MSKCC Protected Parties from any claim, demand, or regulatory action, including reasonable attorneys’ fees and costs of regulatory investigations, made by any third party due to or arising out of Your use of and access to the Website and Services and disclosure of personally identifiable information in violation of any applicable laws or regulations.
7. Export Control. KnuEdge Services software is classified as Export Control Classification Number (“ECCN”) 3D980, and requires domestic and foreign users and service providers to comply with all relevant U.S. export control laws for the use of the KnuEdge Services.
8. Copyright. If You believe that Your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Websites, You may notify our copyright agent, in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), Title 17, United States Code, Section 512(c)(2). For Your complaint to be valid under the DMCA, You must furnish the following information when providing notice of the claimed copyright infringement:
(a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
(b) Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit MSKCC to locate the material;
(c) Information reasonably sufficient to permit MSKCC to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
(d) statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, by its agent, or by law; and
(e) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be submitted as a written notification to the following Designated Agent: email@example.com.
9. Arbitration and Class Action Waiver. This section applies only to residents of the United States.
EXCEPT AS SET FORTH IN THIS SECTION, BOTH YOU AND KNUEDGE AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF YOUR USE OF THE KNUEDGE SERVICES OR A BREACH OF THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
The arbitration may be conducted by telephone, by written submissions, or in person in the United States county where You live or work or any other agreed upon location. As long as the arbitrator determines that Your claims were not frivolous, KnuEdge (i) will pay arbitration fees for claims less than $75,000 and (ii) will not seek its attorneys’ fees and costs relating to the
IF, FOR ANY REASON, A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, THEN (I) YOU AND KNUEDGE WAIVE ANY RIGHT TO A JURY TRIAL, (II) NEITHER YOU NOR KNUEDGE WILL PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS ACTION LITIGATION, AND (III) YOU AGREE TO THE EXCLUSIVE JURISDICTION OF THE STATE COURTS IN SAN MATEO COUNTY, CALIFORNIA OR FEDERAL COURTS IN THE NORTHERN DISTRICT OF CALIFORNIA TO RESOLVE YOUR CLAIM.
Notwithstanding the above, either You or KnuEdge may assert claims in the following manner: (i) either You or KnuEdge may assert claims, if they qualify, in small claims court in any United States county where You live or work or in San Mateo county in California; (ii) KnuEdge may bring a lawsuit solely for injunctive relief to stop unauthorized use of the KnuEdge Services in any court, or (iii) either You or KnuEdge may bring a lawsuit to enjoin infringement or other misuse of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) in any court.
10. General. KnuEdge may amend this Agreement by providing a revised agreement on the KnuEdge Website. Your continued use of the KnuEdge Services constitutes Your acceptance of the revised agreement. If You do not accept the revised agreement, You must discontinue using the KnuEdge Services. KnuEdge may terminate Your right to use the KnuEdge Services at any time and for any reason. This Agreement is entered into in the United states of America and will be governed by the laws of the state of California, without reference to rules governing choice of laws. If any provision of this Agreement is held invalid by a court, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect. KnuEdge’s failure to enforce Your strict performance of any provision of this Agreement will not constitute a waiver of KnuEdge’s right to subsequently enforce such provision or any other provision of this Agreement.
Questions or comments regarding KnuEdge or these Terms and Conditions should be submitted to the KnuEdge Web manager at: firstname.lastname@example.org.