UMOWA LICENCYJNA – ROYALTY FREE LICENCE - Ivona

IVONA ONLINE ROYALTY FREE SPEECH LICENCE
I. GENERAL PROVISIONS
THIS LICENCE AGREEMENT HEREINAFTER REFERRED TO AS THE “LICENCE
AGREEMENT” SHALL BE ENTERED INTO BY AND BETWEEN IVO SOFTWARE SP. Z O.O.
HEREINAFTER REFERRED TO AS THE "LICENSOR" OR "IVO" AND EACH ENTITY
BENEFITING FROM THE RIGHTS COVERED BY THIS LICENCE, HEREINAFTER REFERRED
TO AS THE "LICENSEE”. IVO MAY MEAN, DEPENDING ON THE CONTEXT, IVO
SOFTWARE SP. Z O.O., IVO DIVISIONS, IVO BRANCH OFFICES, ITS SUBSIDIARIES AND
AFFILIATED COMPANIES, AS WELL AS IVO DISTIBUTORS. THE LICENCE AGREEMENT,
WITHIN THE SCOPE SPECIFIED THEREIN SHALL APPLY TO ALL WEBSITES FEATURED AT
WWW.IVONA.COM/ONLINE.
LICENSEE WHO SHALL BENEFIT FROM THE RIGHTS COVERED BY THIS LICENCE, THAT
IS ANY PERSON OR ENTITY WHO OBTAINS ACCESS, DOWNLOADS OR USES THE
CONTENTS MADE AVAILABLE BY IVO ON THE WWW.IVONA.COM/ONLINE WEBSITE,
REPRESENTS, IN AN IMPLIED MANNER, THAT HE/SHE ACCEPTS THE TERMS AND
CONDITIONS OF THE LICENCE AGREEMENT AND UNDERTAKES TO RESPECT THEM.
SPEECH MADE AVAILABLE PURSUANT TO THE TERMS AND CONDITIONS OF
A LICENCE AGREEMENT SHALL BE PROTECTED ON THE BASIS OF THE PROVISIONS OF
THE POLISH COPYRIGHT AND NEIGHBOURING RIGHTS ACT (JOURNAL OF LAWS
00.80.904) OF FEBRUARY 4, 1994, HEREINAFTER REFERRED TO AS THE "ACT", THE
PROVISIONS OF INTERNATIONAL LAW, AS WELL AS INTERNATIONAL TREATIES AND
AGREEMENTS. IT IS FORBIDDEN TO USE THE SPEECH ON THE TERMS AND CONDITIONS
OTHER THAN SPECIFIED IN THE LICENCE AGREEMENT, IN THE ACT OR OTHER
BINDING PROVISIONS OF THE LAW.
IVO RESERVES THE RIGHT TO MODIFY ANY OF THE PROVISIONS OF THE LICENCE
AGREEMENT AT ALL TIME AND THE LICENSEE WHO USES THE SPEECH CONSENTS TO
SUCH MODIFICATIONS.
IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THE LICENCE AGREEMENT
AND THE POSSIBILITY THAT THEY MAY BE MODIFIED IN THE FUTURE, PLEASE
REFRAIN FROM DOWNLOADING THE SPEECH OR USING IT ANY OTHER WAY.
II. DEFINITIONS
1. “Speech” shall mean both the speech and the rights pertaining to such Speech which be
downloaded by the Licensee from the www.ivona.com/online website.
2. “Licensee” – shall mean every entity using the Speech pursuant to the terms and
conditions of the Licence Agreement,

3. “Licensor” – shall mean Ivo Software Sp. z o.o. and, depending on the context, Ivo
divisions, Ivo branch offices, its subsidiaries and affiliated companies, as well as Ivo
distributors,
4. “Licence” – shall mean the right to use the Speech granted by the Licensor to the Licensee
pursuant to the terms and conditions of the Licence Agreement,
5. “End User” – shall mean an entity which obtained the rights to the Speech from the
Licensor, pursuant to the provisions of Article V paragraph 2 of the Licence Agreement,
without the right to further resale of the Speech.,
6. “Non-commercial” – shall mean "not profit-oriented".
III. LICENCE RIGHTS
1. The Licensor shall grant this royalty-based and non-exclusive licence for an indefinite
period of time, with an unlimited territorial scope, to use the Speech in the following way:
for reproducing for the Licensee's own use, public and non-public performance,
commercial and non-commercial performance, placing on commercial and noncommercial
websites, as well as using in commercial and non-commercial materials and
works.
2. The rights referred to hereabove may be exercised by the Licensee using all types of
carriers, in all kinds of media, including telecommunication connections, with the
reservation that the Licensee may use the Speech in the form and format which does not
cause any deterioration of the play-back quality of Speech as compared to the original
version of Speech downloaded from www.ivona.com/online.
3. The Licensee shall be entitled to modify the Speech.
IV. ADDITIONAL LICENCE OPTION
1. The Licensee may purchase the Additional Licence Option against additional
remuneration, on the separately determined terms and conditions which reach beyond
the terms and conditions of the Licence Agreement.
2. In order to purchase the Additional Licence Option the Licensee shall contact IVO’s
commercial department which shall communicated the terms and conditions of purchase
of the Additional Licence Option to the Licensee.
V. LICENCE LIMITATIONS
1. The Licensee shall not be entitled to grant sub-licences, which shall also mean a ban on
transmitting, transferring, re-selling or assigning rights to the Speech and of the Speech
itself in any way whatsoever to any third party, subject to the provisions of paragraph 2.
2. Unless the Speech constitutes and element of another product or service the Licensee
shall be entitled to resell the Speech one single time, exclusively to 1 (one) End User,
exclusively otherwise than via the electronic channels, with the use of any carrier. In the

event referred in the previous sentence the Licensee shall permanently remove all the
saved copies of the Speech purchased pursuant to the provisions of the Licence
Agreement.
3. It is forbidden to use the Speech, both partially or integrally, for pornographic purposes,
for expressing threats against any third parties or undertaking any activities leading to
offend any third parties or infringing their right to privacy, or being vulgar, hateful,
racially abusive, constituting abuse of religious symbols or ethnically, religiously,
ethically, morally or otherwise objectionable or infringing any third party right or
property in yet another way, which shall include infringing personal rights of any third
party.
4. It is forbidden to use the Speech for any development, research and scientific works, as
well as for other works related to language and/or speech processing.
5. All rights which have not been expressly attributed to the Licensee pursuant to the
provisions of the Licence Agreement shall not be considered granted.
6. All events constituting a breach of the terms and conditions of the Licence Agreement, as
well as an infringement of copyrights relative to the Speech or any other intellectual
property rights Ivo is entitled to shall be communicated to Ivo by e-mail, to the following
address legal@ivona.com.
VI. REMUNERATION
The Licence Agreement shall be concluded the moment the Licensee has paid the licence
fee for using the Speech licence to the Licensor.
VII. COPYRIGHTS
1. IVO shall be an exclusively entitled to all copyrights, neighbouring rights and all other
intellectual property rights to the Speech. The Speech is and shall remain the exclusive
property of IVO.
2. Speech shall be subject to protection according to the binding provisions of the Polish law,
international law, international treaties and agreements and other relevant legal
provisions.
3. Any breach of the provisions of the Licence Agreement shall constitute a serious
infringement of the Licensor’s rights and shall automatically result in: a) termination of
the Licence Agreement without notice, b) making the Licensor entitled to keep the paid
licence fee, c) emergence of Licensor’s right to seek due compensation according to the
available legal procedures.
4. The Licensor shall forbid the Licensee to use the Speech in any works or services in any
way which infringes on any intellectual property rights of any third party or any other
legally protected rights of any third party. Under no circumstances shall the Licensor be
liable for such an unauthorised activity of the Licensee.

VIII. LIABILITY TOWARDS THE LICENSOR
1. Under no circumstances shall Licensor grant the Licensee, pursuant to the Licence
Agreement, any warranty or guarantee pertaining to the quality of Speech.
2. Under no circumstances shall the Licensor grant the Licensee, pursuant to the Licence
Agreement, any warranty or guarantee pertaining to the quality of any modification of
the Speech.
3. The Licensor shall not guarantee the correctness of the reading of Speech, continuity of
the www.ivona.com/online website or accessibility of www.ivona.com/online.
4. The Licensor shall not be liable for any use of Speech, both partial and integral, for
pornographic purposes, for expressing threats against any third parties or undertaking
any activities leading to offend any third parties or infringing their right to privacy, or
being vulgar, hateful, racially abusive, constituting abuse of religious symbols or
ethnically, religiously, ethically, morally or otherwise objectionable or infringing any third
party right or property in yet another way, which shall include infringing personal rights
of any third party.
5. The Licensor shall forbid the Licensee to use the Speech in any works or services in any
way which infringes on any intellectual property rights of any third party or any other
legally protected rights of any third party. Under no circumstances shall the Licensor be
liable for such an unauthorised activity of the Licensee.
6. The Licensor shall not be liable for the loss or damage incurred by the Licensor as a result
of using the Speech for any data.
7. Under no circumstances shall Licensor be liable for any modifications or changes of the
Speech introduced by the Licensee. The Licensee shall assume exclusive liability for the
modifications or changes of the Speech, as well as any legal consequences or claims
related to such an infringement.
8. The Licensor shall not be liable for any losses relative to using the Speech, including
special, incidental and indirect losses, or for any consequential damage, loss of profit,
trade contacts, and loss of goodwill or anticipated savings.