End User Terms of Service (Agreement)

THIS IS A LEGAL AGREEMENT BETWEEN YOU ( (THE INDIVIDUAL OR THE ENTITY
USING THE NUANCE SPEECH RECOGNITION SOFTWARE (“SOFTWARE”) AND
SERVICE (“SERVICE”) ) AND PANASONIC CORPORATION (PANASONIC). PLEASE
READ THE FOLLOWING TERMS CAREFULLY.

1    LICENSE GRANT

PANASONIC grants to you a personal, non-exclusive and non-transferable
right and license to use the Software as incorporated in to this
Panasonic TV (“TV”) for the sole and limited purpose of accessing
the Service.

2    PROPRIETARY RIGHTS; RESTRICTIONS

You shall acknowledge that Panasonic and Nuance Communications Japan
K.K (Licensor) retain all rights, titles and interests in and to the
original, and any copies, of Software which is incorporated into the
TV, and to the Service.  Without limiting the generality of the
foregoing, You shall not :  (a) submit any automated or recorded
requests to the Service unless otherwise approved in writing by
Panasonic and Licensor; (b) use the Service for commercial use; (c)
access the Service with software or means other than the Software; (d)
copy, reproduce, distribute, or in any other manner duplicate the
Software or Service, in whole or in part; (e) sell, lease, license,
sublicense, distribute, assign, transfer or otherwise grant any rights
in the Software, in whole or in part; (f) modify, port, translate, or
create derivative works of the Software; (g) decompile, disassemble,
reverse engineer or otherwise attempt to derive, reconstruct, identify
or discover any source code, underlying ideas, or algorithms, of the
Software or Service by any means; (h) remove any proprietary notices,
labels or marks from the Software or Service; (i) use the Service for
purposes of comparison with or benchmarking against products or
services made available by third parties; or (j) take any action that
would cause any TV,  Software, or Service to be placed in the public
domain.

The Software and Service may contain a copy of the Speex codec in
executable form.  You shall acknowledge that use of the Speex codec is
subject to the conditions and disclaimers listed in revised BSD
license found at http://www.xiph.org/licenses/bsd/speex/.  ©
2002-2003, Jean-Marc Valin/Xiph.Org Foundation.

3    NO WARRANTIES AND DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY DISCLAIM
WITH RESPECT TO THE SOFTWARE AND SERVICE ALL WARRANTIES INCLUDING, BUT
NOT LIMITED TO, LOSS OR DAMAGE OF DATA OR SYSTEM , POSSIBILITY OF
RECOGNITION OF SPEECH DATA, FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY, OR NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL
PROPERTY RIGHTS.

4    LIMITATION OF LIABILITY

PANASONIC’S OR IT’S SUBCONTRACTOR’S LIABILITY UNDER THIS AGREEMENT
SHALL, IN AGGREGATE, BE LIMITED TO THE TOTAL AMOUNT OF FEES ACTUALLY
PAID BY END USER TO PANASONIC. UNDER THIS AGREEMENT, DURING THE YEAR
PRECEDING THE CORRESPONDING ACTION, THE PREVIOUS LIMITATION SHALL
APPLY FOR ALL CLAIMS IN TOTAL AND FOR THE DURATION OF THE
AGREEMENT. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE OR
EXTEND THE LIMIT.

5    CONSEQUENTIAL DAMAGE

To the maximum extent permitted by applicable law, in no event shall
Panasonic or any of its subcontractors be liable for any indirect or
consequential damages of any kind, such as but not limited to any loss
of product,  loss of profit or revenue, loss of use or data or
interruption of business, resulting from any and all causes including
but not limited to pre-contractual liability, tort, performance or
failure to perform pursuant to the terms of this Agreement, or
resulting from the furnishing, performance, or use or loss of use of
the Software or Services, even if you have been advised of the
possibility of such damages;

6    TRADEMARKS

Third-party trademarks, trade names, product names and logos (the
“Trademarks”) contained in or used by the Software or Service are
the trademarks or registered trademarks of their respective owners,
and the use of such Trademarks shall inure to the benefit of the
trademark owner.  The use of such Trademarks is intended to denote
interoperability and does not constitute: (i) an affiliation by
Panasonic and its licensors with such company, or (ii) an endorsement
or approval of such company of Panasonic and its licensors and its
products or services.

7    SPEECH DATA

(a) SPEECH DATA.  As part of the Service, Panasonic and/or Licensor
collects and uses Speech Data, as defined below, to tune, enhance and
improve the speech recognition and other components of the Service,
and other services and products.  In accepting the terms and
conditions of this Agreement, you acknowledge, consent and agree that
Panasonic and/or Licensor may collect the Speech Data as part of the
Service and that such information shall only be used by Panasonic
and/or Licensor or third parties acting under the direction of
Panasonic and/or Licensor, pursuant to confidentiality agreements, to
develop, tune, enhance and improve the speech recognition and other
components of the Service, and other services and products.  Panasonic
and/or Licensor will not use the information elements in any Speech
Data for any purpose except as set forth above and subpart d)
below. You shall exercise caution that your Speech Data does not
contain personal information depending on what is spoken by you and
such data may be considered to be personal data for the purpose of
applicable data protection law and regulation. “Speech Data” means
the audio files, associated transcriptions and log files provided by
you hereunder or generated in connection with the Service.
b)  Any and all information that you provide will remain confidential
,except as granted or permitted under this Agreement, and may be
disclosed by Panasonic and Licensor, if so required, to meet legal or
regulatory requirements, such as under a court order or to a
government institution if required or authorized by law, or in the
event of a sale, merger or acquisition to another entity by Panasonic
or Licensor.
c) Further, You also acknowledge, consent and agree that Panasonic
and/or  Licensor collects other data such as duration or time of your
access to the Service, your inquiry item, your connected applications,
contact list, purchased services, application ID, MAC address (the
“Specific Data”) and use, disclose, and/or distribute the Specific
Data to third parties. MAC ID is assigned to each TVs at the factory
setting and is not able to identify your personal information such as
user account. The disclosure of the Specific Data must not specify You
as an individual..
d) Further, You also acknowledge, consent and agree that Panasonic
and/or  Licensor may make, use, disclose, and distribute marketing
data or analyzed data (the “Marketing Data”) which are processed in
a manner that You are not individually identified by the data based on
Speech Data and/or Specific Data.

8    SUSPENSION AND MODIFICATIONS.

a) You shall acknowledge, consent and agree that Panasonic and/or its
licensors can modify the specification of the Service and the Software
without prior written notice to you.
b) You shall acknowledge, consent and agree that Panasonic and/or its
licensors can temporally suspend the Service for some reasons such as
the periodic maintenance.
c) You shall acknowledge, consent and agree that Panasonic may
terminate this agreement, and the license granted hereunder , at any
time in its sole discretion, with or without cause, by notifying you
that the Service for this TV has expired or has been terminated by
posting to that effect on Panasonic’s website.

9    GENERAL LEGAL TERMS.

You shall acknowledge, consent and agree that we can modify the terms
and conditions in our sole discretion. Each time you use or access the
Software or Service, you are deemed to have accepted any such
modifications.
This Agreement shall be governed by the laws of Japan, without regard
to its conflicts law principles, and you hereby submit to the
exclusive jurisdiction of the Osaka district court in Japan. This
Agreement is the entire agreement between you and Panasonic and
supersedes any other communications or advertising with respect to the
Software and the Services. If any provision of this Agreement is held
invalid or unenforceable, such provision shall be revised to the
extent necessary to cure the invalidity or unenforceability, and the
remainder of this Agreement shall continue in full force and
effect. The failure of Panasonic to exercise or enforce any right or
provision of this Agreement shall not constitute a waiver of such
right or provision.
Section 2, 3, 4, 5, 6, 7, 8, 9 shall survive the expiration or
termination of this Agreement. And the right to use the Software not
accessing the Service shall survive the expiration or termination of
this Agreement.
