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Download Terms for Lessac Noncommercial Use License for Open Source Software

IMPORTANT : READ CAREFULLY BEFORE USING THE LESSAC SOFTWARE WHICH IS THE PROPERTY OF LESSAC TECHNOLOGIES ("LESSAC") AND ITS LICENSORS: YOU MAY OBTAIN THIS LESSAC SOFTWARE BY DOWNLOADING IT REMOTELY FROM A SERVER. THE AUDIO RIGHTS, COPYRIGHT AND ANY OTHER INTELLECTUAL PROPERTY RIGHTS IN THE RECORDINGS, ASSOCIATED DATA, DESCRIPTIVE FILES, MANUALS AND LESSAC SOFTWARE WHICH CONSTITUTE THE COVERED SOFTWARE (AS DEFINED BELOW) ARE AND REMAIN THE PROPERTY OF LESSAC AND ITS LICENSORS. YOU (THE "USER") ARE LICENSED TO USE THE COVERED SOFTWARE ONLY IF YOU ACCEPT ALL THE TERMS AND CONDITIONS SET OUT BELOW. FOR YOUR CONVENIENCE, CERTAIN OTHER SOFTWARE COMPONENTS ARE ALSO AVAILABLE FOR REMOTE DOWNLOAD FROM THE SERVER. YOU ARE LICENSED TO USE EACH SUCH OTHER SOFTWARE COMPONENT ONLY IF YOU ACCEPT ALL OF THE SPECIFIC TERMS AND CONDITIONS CONTAINED IN THE SPECIFIC LICENSE FOR EACH SUCH OTHER SOFTWARE COMPONENT.

LICENSE ACCEPTANCE PROCEDURE: BY CLICKING ON THE “ACCEPT” BUTTON WHICH FOLLOWS THESE DOWNLOAD TERMS AND/OR BY DOWNLOADING AND/OR USING THE COVERED SOFTWARE, THE USER INDICATES ACCEPTANCE OF THE LESSAC NONCOMMERCIAL USE LICENSE FOR OPEN SOURCE SOFTWARE. IF THE USER IS ACCEPTING THE LESSAC NONCOMMERCIAL USE LICENSE FOR OPEN SOURCE SOFTWARE ON BEHALF OF A CORPORATE LICENSEE, THE USER REPRESENTS THAT THE USER IS AUTHORIZED TO DO SO. IF THE USER IS NOT SO AUTHORIZED, NOR DEEMED IN LAW TO HAVE SUCH AUTHORITY, THE USER ASSUMES SOLE PERSONAL LIABILITY FOR THE OBLIGATIONS SET OUT IN THIS LESSAC NONCOMMERCIAL USE LICENSE FOR OPEN SOURCE SOFTWARE. FOR YOUR CONVENIENCE, CERTAIN OTHER SOFTWARE COMPONENTS THAT CAN BE USED IN CONJUNCTION WITH THE COVERED SOFTWARE ARE ALSO AVAILABLE FOR REMOTE DOWNLOAD FROM THE SERVER. BY DOWNLOADING SUCH OTHER SOFTWARE COMPONENTS YOU ACCEPT THE SPECIFIC LICENSE TERMS OF EACH SUCH OTHER SOFTWARE COMPONENT.

LICENSE REJECTION PROCEDURE: YOU SHOULD THEREFORE READ THE LESSAC NONCOMMERCIAL USE LICENSE FOR OPEN SOURCE SOFTWARE CAREFULLY BEFORE CLICKING ON THE "ACCEPT" BUTTON. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU SHOULD CLICK ON THE "REJECT" BUTTON AND NOT DOWNLOAD OR USE THE COVERED SOFTWARE. YOU SHOULD ALSO DESTROY ANY UNLICENSED COPIES OF THE COVERED SOFTWARE WHICH MIGHT BE IN YOUR POSSESSION. IF YOU DO NOT ACCEPT THE LICENSE TERMS OF CERTAIN OTHER SOFTWARE COMPONENTS THAT CAN BE USED IN CONJUNCTION WITH THE COVERED SOFTWARE, YOU SHOULD NOT DOWNLOAD OR USE THOSE OTHER SOFTWARE COMPONENTS. YOU SHOULD ALSO DESTROY ANY UNLICENSED COPIES OF SUCH OTHER SOFTWARE COMPONENTS.

LESSAC NONCOMMERCIAL USE LICENSE FOR OPEN SOURCE SOFTWARE

between:

LESSAC TECHNOLOGIES, INC having its principal office at 256 Highland Street, West Newton, MA 02465 USA ("Lessac") +1 617 916 1174, www.lessactech.com ,
and
YOU (the "USER"):

Name of institution (if for personal use only, write "Personal Use Only"):
Street number and name:

City, postal code

Country
represented for the purpose of the signature of this agreement by
Full name:
Email:
Telephone:
Fax:

Date 19 April 2024

1. Definitions

1.1. "Commercial Use" means use in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. Without limiting the generality of the foregoing, internal use for research purposes, including for the purpose of the Blizzard Challenge or the comparison of Lessac synthesis with other text-to-speech engines, is an example of use that does not constitute a Commercial Use.

1.2. "Contributor" means each individual or legal entity that creates, modifies, contributes to the creation of, or owns Covered Software.

1.3. "Contributor Version" means the combination of the Contributions of others ( if any ) used by a Contributor and that particular Contributor's Contribution.

1.4. "Contribution" means Covered Software of a particular Contributor.

1.5. "Covered Software" means Source Code Form to which Lessac has attached the notice in Exhibit A, the Executable Form of such Source Code Form, Modifications of such Source Code Form, and the Executable Form of such Modifications, in each case including portions thereof.

1.6. "Executable Form" means any form of the work other than Source Code Form.

1.7. "Larger Work" means a work that combines Covered Software with other material, in a separate file or files, that is not Covered Software.

1.8. "Lessac" means Lessac Technologies, Inc., a Delaware corporation with its principal place of business at 256 Highland Street, West Newton, MA 02465, 617-916-1174, info@lessactech.com.

1.9. "License" means this document, the Lessac Noncommercial Use Open Source License.

1.10. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently, any and all of the rights conveyed by this License.

1.11. "Modifications" means any of the following :

( a ) any file in Source Code Form that results from an addition to, deletion from, or modification of the contents of Covered Software; or
( b ) any new file in Source Code Form that contains any Covered Software.

1.12. "Patent Claims" of a Contributor means any patent claim(s), including without limitation, method, process, and apparatus claims, in any patent Licensable by such Contributor that would be infringed, but for the grant of the License, by the making, using, selling, offering for sale, having made, import, or transfer of either its Contributions or its Contributor Version.

1.13. "Source Code Form" means the form of the work preferred for making modifications.

1.14. "You" ( or "Your" ) means an individual or a legal entity exercising rights under this License. For legal entities, "You" includes any entity that controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means ( a ) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or ( b ) ownership of more than fifty percent ( 50% ) of the outstanding shares or beneficial ownership of such entity.

2. License

2.1. Grant and Conditions

Each Contributor hereby grants You a world-wide, royalty-free, fully paid, non-exclusive license:

a ) under intellectual property rights ( other than patent or trademark ) Licensable by such Contributor to use, reproduce, make available, modify, display, perform, and distribute its Contributions, either on an unmodified basis, with Modifications, or as part of a Larger Work; and

b ) under Patent Claims of such Contributor to make, use, have made, import, and otherwise transfer either its Contributions or its Contributor Version;

c ) provided that You do not undertake, or cause to be undertaken, any Commercial Use of the Covered Software or Modifications; and

d ) provided

Notice. That You do not remove or alter the substance of any license notices ( including copyright notices, patent notices, disclaimers of warranty, or limitations of liability ) contained within the Source Code Form of the Covered Software;

Distribution of Source Form. That all distribution of Covered Software in Source Code Form, including any Modifications that You create or to which You contribute, is under the terms of this License; that You inform recipients that the Source Code Form of the Covered Software is governed by the terms of this License, and how they can obtain a copy of this License; that You not attempt to alter or further restrict the recipients' rights in the Source Code Form;

Distribution of a Larger Work. That if You create and distribute a Larger Work under terms of Your choice, You also comply with the requirements of this License for the Covered Software; and

Distribution of Executable Form. That if You distribute Covered Software in Executable Form, then such Covered Software is also made available in Source Code Form, in accordance with this Section 2.1, and You inform recipients of the Executable Form how they can obtain a copy of such Source Code Form by reasonable means in a timely manner, at a charge no more than the cost of distribution to the recipient.

2.2. Effective Date

The licenses granted in Section 2.1 with respect to any Contribution become effective for each Contribution on the date the Contributor first distributes such Contribution.

2.3. Limitations on Grant Scope

The licenses granted in this Section 2 are the only rights granted to You under this License. No additional rights or licenses will be implied from the distribution or licensing of Covered Software under this License. All rights not expressly granted by Lessac are hereby reserved, including but not limited to the rights described in Section 3.

Notwithstanding Section 2.1 ( b ) above, no patent license is granted by a Contributor:

( a ) for any code that a Contributor has removed from Covered Software; or

( b ) under Patent Claims infringed by Covered Software in the absence of its Contributions.

This License does not grant any rights in the trademarks, service marks, or logos of any Contributor, except as may be necessary to comply with the notice requirements in Section 2.1.

2.4 Limited Grant of Lessac Patent Rights

Lessac Technologies owns one or more United States and international patents relating to its Contribution to the Covered Software. Notwithstanding anything in this License to the contrary, Lessac grants you permission to use the subject matter claimed in such patents only to the extent that such patents would be infringed, but for the grant of this License, by the use of Lessac's Contribution to the Covered Software.

2.5. Representation

Each Contributor represents that the Contributor believes its Contributions are its original creation ( s ) or it has sufficient rights to grant the rights to its Contributions conveyed by this License.

2.6. Fair Use

This License is not intended to limit any rights You have under applicable copyright doctrines of fair use, fair dealing, or other equivalents.

2.7 Incompatibility with Copyleft Licenses

This License may not be compatible with the GPL or other forms of copyleft license. You will violate the conditions of this License if You distribute Covered Software in a compilation with software licensed under the GPL or other copyleft license, unless such compilation would be deemed an "aggregate," as defined in the GPL, or deemed to have equivalent effect under another form of copyleft license.

3. Grant Back of Modifications to Lessac

In exchange for Your rights under this License, You hereby grant to Lessac a nonexclusive, worldwide, irrevocable, fully paid, royalty-free license to make, use, sell, offer for sale, import, reproduce, distribute, disclose, and prepare derivative works of Your Modifications to the Covered Software.

4. Inability to Comply Due to Statute or Regulation

If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Software due to statute, judicial order, or regulation then You must: ( a ) comply with the terms of this License to the maximum extent possible; and ( b ) describe the necessary limitations of the License terms and the code they affect. Such description must be placed in a text file included with all distributions of the Covered Software under this License.

5. Termination

5.1. The rights granted under this License will terminate automatically if You fail to comply with any of its terms. However, if You become compliant, then the rights granted under this License from a particular Contributor are reinstated

( a ) provisionally, unless and until such Contributor explicitly and finally terminates Your grants, and

( b ) on an ongoing basis, if such Contributor fails to notify You of the non-compliance by some reasonable means prior to 60 days after You have come back into compliance. Moreover, Your grants from a particular Contributor are reinstated on an ongoing basis if such Contributor notifies You of the non-compliance by some reasonable means, this is the first time You have received notice of non-compliance with this License from such Contributor, and You become compliant prior to 30 days after Your receipt of the notice.

5.2. If You initiate litigation against any entity by asserting a patent infringement claim ( excluding declaratory judgment actions, counter-claims, and cross-claims ) alleging that a Contributor Version, distributed in accordance with the terms of this License, directly or indirectly infringes any patent, then the rights granted to You by any and all Contributors for the Covered Software under Section 2.1 of this License shall terminate.

6. Disclaimer of Warranty

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU ( NOT ANY CONTRIBUTOR ) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED UNDER THIS LICENSE EXCEPT UNDER THIS DISCLAIMER.

7. Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT ( INCLUDING NEGLIGENCE ) , CONTRACT, OR OTHERWISE, SHALL ANY CONTRIBUTOR, OR ANYONE WHO DISTRIBUTES COVERED SOFTWARE AS PERMITTED ABOVE, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY ONLY TO THE EXTENT APPLICABLE LAW ALLOWS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

8. Litigation

Any litigation relating to this License may be brought only in the courts of a jurisdiction where the defendant maintains its principal place of business and such litigation shall be governed by laws of that jurisdiction, without reference to its conflict-of-law provisions. Nothing in this Section shall prevent a party's ability to bring cross-claims or counter-claims.

9. Miscellaneous

This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not be used to construe this License against a Contributor.

Exhibit A - Source Code Form License Notice

Licensed under one or more of U.S. Patents 6,847,931; 6,865,533; 6,963,841; 7,280,964; 7,877,259; 8,175,879; 8,219,398 and 8,401,849.

This Source Code Form is subject to the terms of the Lessac Noncommercial Use Open Source License. If a copy of the Lessac License was not distributed with this file, you can obtain one at http://lessactech.com/licenses

If it is not possible or desirable to put this notice in a particular file, then You may include the notice in a location ( such as a LICENSE file in a relevant directory ) where a recipient would be likely to look for such a notice.

You may add additional accurate notices of copyright ownership.

An ascii text version of this license is found at LessacLicense

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