The Centre for Speech Technology Research, The university of Edinburgh
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License for Blizzard 2021 Materials (iFLYTEK)

IMPORTANT : READ CAREFULLY BEFORE USING THE RECORDINGS (PROPERTY OF iFLYTEK) AND THE ASSOCIATED DATA (PROPERTY OF iFLYTEK): YOU MAY OBTAIN THESE RECORDINGS AND ASSOCIATED DATA BY DOWNLOADING THEM REMOTELY FROM A SERVER. THE AUDIO RIGHTS, COPYRIGHT AND ANY OTHER INTELLECTUAL PROPERTY RIGHTS IN THE RECORDINGS AND ASSOCIATED DATA WHICH CONSTITUTE THE MATERIALS (AS DEFINED BELOW) ARE AND REMAIN THE PROPERTY OF IFLYTEK CO.,LTD. ("iFLYTEK"). YOU (THE "USER") ARE LICENSED TO USE THE MATERIALS ONLY IF YOU ACCEPT ALL THE TERMS AND CONDITIONS SET OUT BELOW.

LICENCE ACCEPTANCE PROCEDURE: BY CLICKING ON THE "ACCEPT" BUTTON WHICH FOLLOWS THIS LICENCE AND/OR BY DOWNLOADING AND/OR USING THE MATERIALS, THE USER INDICATES ACCEPTANCE OF THE RESEARCH LICENCE AGREEMENT. IF THE USER IS ACCEPTING THE RESEARCH LICENCE AGREEMENT ON BEHALF OF A CORPORATE LICENCEE, THE USER REPRESENTS THAT THE USER IS AUTHORISED TO DO SO. IF THE USER IS NOT SO AUTHORISED, NOR DEEMED IN LAW TO HAVE SUCH AUTHORITY, THE USER ASSUMES SOLE PERSONAL LIABILITY FOR THE OBLIGATIONS SET OUT IN THIS RESEARCH LICENCE AGREEMENT.

LICENCE REJECTION PROCEDURE: YOU SHOULD THEREFORE READ THE RESEARCH LICENCE AGREEMENT 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 MATERIALS. YOU SHOULD ALSO DESTROY ANY UNLICENCED COPIES OF THE MATERIALS WHICH MIGHT BE IN YOUR POSSESSION.

RESEARCH LICENCE AGREEMENT

between:

1. IFLYTEK CO.,LTD. ("iFLYTEK"): No. 666, West Wangjiang Road, Hefei, Anhui, P.R.China, 230088<

and

2. YOU (the "User"):

represented for the purpose of the execution of this agreement by
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 29 April 2024

WHEREAS
(a) iFLYTEK is the owner of the IPR (as defined below) embodied in and associated witho the Materials (as defined below).
(b) The User wishes to make use of the Materials for Research Purposes (as defined below) only.
(c) iFLYTEK have agreed to grant a limited license to the User on the following terms and conditions solely for Research Purposes of the User.

NOW THEREFORE IT IS AGREED as follows:-

1.
1.1 In this Agreement, unless the context requires otherwise, the following words and phrases shall have the meanings set opposite them:-
"Agreement" means this Research License Agreement;
"Commencement Date" means the latest date of acceptance of this Agreement;
"IPR" means patents, trademarks, registered designs (and applications for any of them) copyright, audio rights, unregistered design rights, database rights or other rights in databases, semiconductor topography rights, trade names, trade secrets or confidential information of any sort, and any similar or analogous rights as may apply anywhere in the world including the benefit of all registrations and applications to register any of the aforesaid and all rights in the nature of any of the aforesaid;
"Materials" means the collection of computer files comprising:
(i) the "Spanish Audio Recordings", being audio files comprising commercially-produced audio recordings of European Spanish.
(ii) the "Text", being Associated Data comprising text files that correspond to the Spanish Audio Recordings. which shall be at the Commencement Date available for download to the User via the internet; and
"Research Purposes" means such purposes as solely associated with scientific research and exploration (in particular but not limited to the purpose of the 2021 Blizzard Challenge)
“Research Use” means using, incorporating or based upon the Materials (in whole or in part) or any copies of the Materials solely for Research Purposes, and for the avoidance of doubt Research Use excludes loading, executing, storing, transmitting, displaying, copying, reverse engineering, developing, adapting, amending or otherwise using the Materials for any commercial purpose, including but not limited to the development, marketing, commercialization, sale or licensing of voice synthesis or speech recognition products or services including, without limitation, voice synthesis products or services, speech recognition products and services, and other speech technology products and services. In addition, for avoidance of doubt, Research Use also excludes the use of the Spanish Audio Recordings as audio books or for any other standalone use not in conjunction with scientific research and exploration of speech technologies such as voice synthesis or speech recognition.

1.2 In this Agreement:-
1.2.1 the singular includes the plural and vice versa;
1.2.2 unless otherwise stated, references to Clauses are to Clauses in this Agreement; and
1.2.3 "Party" means each of iFLYTEK and the User and the term "Parties" shall be construed accordingly.

2. Subject to the terms of this Agreement, this Agreement shall commence on the Commencement Date and shall continue thereafter unless earlier terminated, in accordance with clause 10.

3. In consideration of the continued observance by the User of all the terms and conditions contained in this Agreement:
3.1 iFLYTEK shall make available to the User one copy of the Materials; and
3.2 iFLYTEK hereby grants to the User a world-wide, non-exclusive and non-transferable license, without the right to sub-license, only for the term of this Agreement, and only to the necessary extent and limit for Research Use of the Materials, in the IPR embodied in and associated with the Materials. No other rights or licenses are granted by iFLYTEK to the User, other than as set out in this Clause 3.

4.
4.1 No limitation on liability shall apply in respect of liability for personal injury or death directly attributable to willful wrongdoing or gross negligence of iFLYTEK in the supply of the Materials under this Agreement.
4.2 Subject to Clause 4.1, iFLYTEK make no representations about the suitability of the Materials for any purpose and the Materials are provided "as is" without express or implied warranty, and iFLYTEK also make no other warranty, explicit or implicit, to the User in connection with any aspect of the Materials, including but not limited to merchantability and non-infringement; in no event shall iFLYTEK be liable for any damages whatsoever arising out of or in connection with the use or any other exploitation or disposition of the Materials (or any part thereof); further,without prejudice to the foregoing generality iFLYTEK shall not be liable to the User in contract, delict, negligence, breach of statutory duty or otherwise for any loss, damage, cost or expense of an indirect or consequential nature (including any economic loss or other loss of turnover, profits, business or goodwill) arising directly out of or in connection with this Agreement or the subject matter of this Agreement.

5. The User undertakes to adopt all reasonable security measures needed to protect the IPR of iFLYTEK in and to the Materials and undertakes to take all reasonable steps to ensure that no unauthorized use is made of the Materials.

6. The User shall be entitled to make a reasonable number of copies of the whole or any part of the Materials but only for back-up purposes.

7. The User agrees not to lend, hire, sell, distribute or otherwise part with the Materials in any manner not consistent with this Agreement without the express prior consent in writing of iFLYTEK, and agrees to abide with any conditions imposed by iFLYTEK.

8. The license granted hereunder is for the personal benefit of the User and the User is not permitted to allow the Materials to be used by any third party excepting always any associated company of the User or any third party which is providing facilities management, computer bureau and/or disaster recovery services (or similar services and howsoever so called) to the User (and for the excepted third parties, the User may only allow the Materials to be used by such excepted third parties to the necessary extent and limit of Research Use by the User). User acknowledges and agrees that its breach of this Agreement would cause serious and irreparable harm to iFLYTEK which could not be adequately compensated for by money damages and, in the event of such breach, User hereby consents to an injunction being issued against or restraining it from any further such breach, but such injunctive relief shall not limit any other remedy which iFLYTEK may have in the event of such breach.

9. In the event of the User or its employees or affiliates being approached by any other person or organization, whether commercial or academic, which wants to open negotiations for the use of the Materials, the User shall refer the organization or person directly to iFLYTEK.

10.
10.1 In addition to, but without prejudice to the whole other rights and remedies of the parties under and in terms of this Agreement, either Party can terminate this Agreement at any time by serving written notice on the other Party.
10.2 On termination of this Agreement the User shall immediately destroy or procure the destruction of all copies of the Materials then in the User's possession or control and forthwith certify the same to iFLYTEK.
10.3 Notwithstanding the provisions of Clause 10.1, the provisions of Clauses 4, 10.2, 13, 14 and 15 shall survive termination of this Agreement for any cause.

11. Failure by iFLYTEK to exercise or enforce any rights in this Agreement shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at any time or times thereafter.

12. If any provision of this Agreement is declared to be void or unenforceable by any judicial or administrative authority in any jurisdiction in which this Agreement is effective, such provision will be deemed to be severable and the parties shall each use their reasonable endeavours in good faith to modify this Agreement so that the intent of this Agreement can be legally carried out.

13. This Agreement shall be governed by and construed in accordance with the law of China and the parties hereby prorogate the exclusive jurisdiction of the courts in China. This Agreement shall inure to the benefit of iFLYTEK, their successors and assigns. The courts having jurisdiction over the location of iFLYTEKiFLYTEK provide the exclusive forum for any court action between the parties relating to this Agreement. User submits to the jurisdiction of such courts, and waives any claim that such a court lacks jurisdiction over User or constitutes an inconvenient or improper forum.

14. User agrees to notify iFLYTEK promptly in writing of any claim that the use of the Materials infringes any patent, audio rights, copyright, trade secret or other intellectual property right of a third party, to permit iFLYTEK to defend, compromise, or settle the claim, and to provide all available information and assistance regarding such claim. iFLYTEK shall not be liable for any costs, damages, or fees incurred by User on such action or claim unless authorized in writing by iFLYTEK.

15. User will promptly notify iFLYTEK if it obtains information about unauthorized possession, use or disclosure of the Materials and will cooperate with iFLYTEK in any action deemed necessary by iFLYTEK to protect their IPR at iFLYTEK’s sole expense.

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