Terms and Conditions of Use

27 December 2024

Thank you for your interest in TranscriberX. These Terms of Service explain the terms and conditions that apply to your access and use of TranscriberX Application as a legally binding agreement between you (any entity, university, organization, or company accessing or using the Service) and us (Radasoft). Please read these Terms carefully. you acknowledge that you have read, understood, and agree to be bound by this entire Agreement. We may regularly change these Terms in future.

1. DEFINITIONS.

1.1. “AGREEMENT” means this document.\n
1.2. “SOFTWARE” (or “PROGRAM”) means the software that is originally released under this AGREEMENT.
1.3. “DEVICE” means the device which the SOFTWARE is installed on.
1.4. “DEVELOPER” means the individual or entity that first makes SOFTWARE available under this AGREEMENT.
1.5. “YOU” (or “YOUR” or “USER”) means an individual or a legal entity exercising rights under, and complying with all of the terms of, this AGREEMENT. For legal entities, “YOU” includes any entity which 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.
1.6. “RELATED COUNTRIES” mean the country of the DEVICE owner, the countries which the DEVICE is working in.

2. DISCLAIMER OF WARRANTY.

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
EACH RECIPIENT IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING AND DISTRIBUTING THE PROGRAM AND ASSUMES ALL RISKS ASSOCIATED WITH ITS EXERCISE OF RIGHTS UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE RISKS AND COSTS OF PROGRAM ERRORS, COMPLIANCE WITH APPLICABLE LAWS, DAMAGE TO OR LOSS OF DATA, PROGRAMS OR EQUIPMENT, AND UNAVAILABILITY OR INTERRUPTION OF OPERATIONS.

3. DISCLAIMER OF LIABILITY.

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. TERMINATION.

THIS AGREEMENT IS EFFECTIVE UNTIL TERMINATED. YOU MAY TERMINATE THIS AGREEMENT AT ANY TIME BY DESTROYING ALL COPIES OF SOFTWARE. THIS AGREEMENT WILL TERMINATE IMMEDIATELY WITHOUT NOTICE FROM SUN IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT. UPON TERMINATION, YOU MUST DESTROY ALL COPIES OF SOFTWARE. PROVISIONS WHICH, BY THEIR NATURE, MUST REMAIN IN EFFECT BEYOND THE TERMINATION OF THIS LICENSE SHALL SURVIVE.\n

5. REGULATIONS.

ALL SOFTWARE AND TECHNICAL DATA DELIVERED UNDER THIS AGREEMENT ARE SUBJECT TO EXPORT AND IMPORT AND OTHER REGULATIONS OF RELATED COUNTRIES. YOU AGREE TO COMPLY STRICTLY WITH ALL SUCH LAWS AND REGULATIONS AND ACKNOWLEDGE THAT YOU HAVE THE RESPONSIBILITY TO OBTAIN SUCH AGREEMENTS AND JUSTIFICATIONS AS MAY BE REQUIRED AFTER DELIVERY TO YOU.\n

6. GOVERNMENT RESTRICTED RIGHTS.

IF SOFTWARE IS BEING ACQUIRED BY OR ON BEHALF OF THE GOVERNMENTS OR GOVERNMENT’S PRIME CONTRACTOR OR SUBCONTRACTOR (AT ANY TIER), THEN THE GOVERNMENT’S RIGHTS IN SOFTWARE AND ACCOMPANYING DOCUMENTATION WILL BE ONLY AS SET FORTH IN THIS AGREEMENT.

7. GOVERNING LAW.

ANY ACTION RELATED TO THIS AGREEMENT WILL BE GOVERNED BY INTERNATIONAL LAW NO CHOICE OF LAW RULES OF ANY JURISDICTION WILL APPLY.

8. ETHICS.

ABOVE THE COMPLYING WITH LAWS AND REGULATIONS YOU SHOULD REGARD LOCAL ETHICAL PRINCIPALS AND CONVENTIONS OF RELATED COUNTRIES.

9. SEVERABILITY.

IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE UNENFORCEABLE, THIS AGREEMENT WILL REMAIN IN EFFECT WITH THE PROVISION OMITTED, UNLESS OMISSION WOULD FRUSTRATE THE INTENT OF THE PARTIES, IN WHICH CASE THIS AGREEMENT WILL IMMEDIATELY TERMINATE.

10. INTEGRATION.

THIS AGREEMENT IS THE ENTIRE AGREEMENT BETWEEN YOU AND SUPPLIER RELATING TO ITS SUBJECT MATTER. IT SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS ORAL OR WRITTEN COMMUNICATIONS, PROPOSALS, REPRESENTATIONS AND WARRANTIES AND PREVAILS OVER ANY CONFLICTING OR ADDITIONAL TERMS OF ANY QUOTE, ORDER, ACKNOWLEDGMENT, OR OTHER COMMUNICATION BETWEEN THE PARTIES RELATING TO ITS SUBJECT MATTER DURING THE TERM OF THIS AGREEMENT. NO MODIFICATION OF THIS AGREEMENT WILL BE BINDING, UNLESS IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF EACH PARTY.

11. GENERAL.

11.1. IF ANY PROVISION OF THIS AGREEMENT IS INVALID OR UNENFORCEABLE UNDER APPLICABLE LAW, IT SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THE TERMS OF THIS AGREEMENT, AND WITHOUT FURTHER ACTION BY THE PARTIES HERETO, SUCH PROVISION SHALL BE REFORMED TO THE MINIMUM EXTENT NECESSARY TO MAKE SUCH PROVISION VALID AND ENFORCEABLE.
11.2. ALL RECIPIENT\’S RIGHTS UNDER THIS AGREEMENT SHALL TERMINATE IF IT FAILS TO COMPLY WITH ANY OF THE MATERIAL TERMS OR CONDITIONS OF THIS AGREEMENT AND DOES NOT CURE SUCH FAILURE IN A REASONABLE PERIOD OF TIME AFTER BECOMING AWARE OF SUCH NONCOMPLIANCE. IF ALL RECIPIENT\’S RIGHTS UNDER THIS AGREEMENT TERMINATE, RECIPIENT AGREES TO CEASE USE AND DISTRIBUTION OF THE PROGRAM AS SOON AS REASONABLY PRACTICABLE. HOWEVER, RECIPIENT\’S OBLIGATIONS UNDER THIS AGREEMENT AND ANY AGREEMENTS GRANTED BY RECIPIENT RELATING TO THE PROGRAM SHALL CONTINUE AND SURVIVE.

11.3. DEVELOPER (RADASOFT) RESERVES THE RIGHT TO DETERMINE PRICING FOR THE SERVICE. DEVELOPER MAY CHANGE THE FEES FOR ANY FEATURE OF THE SERVICE, INCLUDING ADDITIONAL FEES OR CHARGES. DEVELOPER AT ITS SOLE DISCRETION, MAY MAKE PROMOTIONAL OFFERS WITH DIFFERENT FEATURES AND DIFFERENT PRICING TO ANY OF IT’S CUSTOMERS.

END OF TERMS AND CONDITIONS