End User License Agreement (“Agreement”) For Dolby Narrate App

This Agreement is a legal agreement between you (as an individual, hereinafter referred to as “you”) and Dolby Laboratories, Inc., a California Corporation and Dolby International AB, a Swedish company residing in The Netherlands (“Dolby”) for the Dolby Narrate app (the “Software”). YOU HEREBY AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY ACCEPTING THIS AGREEMENT, OR BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN DO NOT DOWNLOAD, INSTALL, COPY, OR USE THE SOFTWARE.

Acceptance of Privacy Notice
Your use of the Software is subject to the Narrate App Privacy Notice that accompanies the Software and is hereby incorporated by reference into this Agreement. By using the Software, you agree that you have read, understood, and agree to the data collection, use, and disclosure provisions set forth in the Privacy Notice.

Modification of this Agreement
Dolby reserves the right to modify and/or change any of the terms and conditions of this Agreement at any time and without prior notice. By continuing to use the Software after Dolby has posted a modification of this Agreement, you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to discontinue the use of and uninstall the Software. This Agreement will also govern any Software upgrades and/or updates provided by Dolby, when and if available, that upgrade and/or supplement the Software, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.

LICENSE GRANT
Dolby grants you only those rights expressly granted to you in this Agreement provided that you comply with all terms and conditions of this Agreement.

Software License Grant
Dolby grants you a nonexclusive, revocable, limited, non-transferable, non-commercial, non-assignable license to download, install, and run the Software on your iPhone.

LIMITATIONS ON LICENSE
You are expressly prohibited from using the Software in any manner not specifically authorized by Dolby in this Agreement. You may not disclose, transfer, or make any copies of the Software. You may not modify, create derivative works, reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. No license, right, or interest in any Dolby trademark, trade name, or service mark is granted to you pursuant to this Agreement. You shall not use or reference “Narrate,” or Dolby’s name, or any Dolby trademark, or Dolby product or technology name relating to your use of the Software.

PATENTS
This Software is protected by one or more patents in the United States and elsewhere. For more information, including a specific list of patents protecting this Software, please visit www.dolby.com/patents.

RESERVATION OF RIGHTS AND OWNERSHIP
Dolby reserves all rights not expressly granted to you in this Agreement. The Software is protected by copyright, patent and/or other intellectual property laws and treaties and contains trade secrets of Dolby and its suppliers. Dolby and its suppliers own the title, copyright, and other intellectual property rights in the Software.

Equitable Relief
You acknowledge that a breach of any proprietary rights provision of this Agreement may cause Dolby irreparable damage, for which the award of damages would not be adequate compensation. Consequently, Dolby may institute an action to enjoin you from any and all acts in violation of those provisions or any breach or threatened breach of such provisions, which remedy shall be cumulative and not exclusive and in addition to any other relief to which Dolby may be entitled at law or in equity.

EXPORT RESTRICTIONS
You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.

TERMINATION
Without prejudice to any other rights, Dolby may immediately terminate this Agreement and require You to if you fail to comply with any of the terms or conditions of this Agreement. In such event, you must immediately cease using the Software, delete the Software, and destroy all copies of the Software and all of its component parts. All limitations of liability and remedy, indemnification, exclusions of damages, warranty disclaimers, and applicable law shall survive any termination of the Agreement.

INDEMNIFICATION, REPRESENTATIONS AND WARRANTIES.
You represent, warrant, and covenant that your use of the Software will at all times comply with the terms of this Agreement and that you will not use the Software if the purpose and/or result is that it violates proprietary or other intellectual property rights or privacy rights of any third party or Dolby. You shall indemnify, defend, and hold harmless Dolby, its affiliates, their respective successors and their respective officers, directors, employees, agents, and representatives for any claim, liability, loss or damage arising out of: 1) your breach of any term of this Agreement; 2) the making, using, or selling by you of any video or audio using the Software, except with respect to such claim, liability, loss or damage that directly and to the extent it arises out of the Software as originally delivered to you; and 3) any claim of allegedly unauthorized use or violation of any third-party intellectual property or privacy rights.

DISCLAIMER OF WARRANTIES
EXCEPT AS OTHERWISE SET FORTH ABOVE, DOLBY MAKES NO WARRANTIES REGARDING THE SOFTWARE. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOLBY AND ITS SUPPLIERS PROVIDE THE SOFTWARE AS IS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. THERE IS NO WARRANTY THAT THE SOFTWARE WILL OPERATE IN THE COMBINATIONS THAT YOU MAY SELECT FOR USE, THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ALL SOFTWARE ERRORS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT THIRD PARTY INTELLECTUAL PROPERTY MAY BE REQUIRED FOR YOUR USE OF THE SOFTWARE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DOLBY OR ELSEWHERE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES
IN NO EVENT WILL DOLBY BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT DOLBY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU AGREE THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

LIMITATION OF LIABILITY AND REMEDIES
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF DOLBY AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR YOUR LICENSE THE SOFTWARE, BUT IN NO EVENT MORE THAN USD$50.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING THIS SECTION AS WELL AS SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “EXCLUSION OF INCIDENTIAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES”) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

U.S. GOVERNMENT LICENSE RIGHTS
This Software is commercial computer software developed exclusively at private expense, and is provided to the U.S. Government only as commercial computer software (with "Restricted Rights," as applicable). Use, duplication, and disclosure by civilian agencies of the U.S. Government shall be in accordance with the terms of this Agreement and FAR 52.227-19(b), or its current equivalent. Consistent with DFARS 227.7202 or its current equivalent, use, duplication, and disclosure by DOD agencies is subject solely to the terms of this Agreement.

GOVERNING LAW
The validity, interpretation and performance of this Agreement shall be governed by and construed in accordance with the laws, without respect to conflict of laws provisions, and you agree to submit to the jurisdiction of the court, set forth below based on the applicable region where you are located:

Region:
Europe, then Governing Law is England without regard to its choice of law principles and Court Jurisdiction is English Courts.

Region:
All other countries, then Governing Law is the State of California, USA, without regard to its choice of law principles, and Court Jurisdiction is California State or Federal Courts.

Region:
People’s Republic of China, then Governing Law is the State of California, USA, without regard to its choice of law principles, and Court Jurisdiction is Arbitration at the Hong Kong International Arbitration Centre in accordance with the UNCITRAL Arbitration Rules (“UNCITRAL Rules”). The arbitration tribunal shall consist of one arbitrator to be appointed according to the UNCITRAL Rules. The language of the arbitration shall be English.

Notwithstanding the foregoing, nothing in this Section shall prevent Dolby from seeking any injunctive or equitable relief by a court of competent jurisdiction that is necessary to protect Dolby’s rights or property until such dispute is resolved. This Agreement will be interpreted and construed in accordance with the English language. The parties agree that the provisions of the Uniform Computer Information Transactions Act (“UCITA”) and the U.N. Convention on Contracts for the International Sale of Goods will have no force or effect on these terms and conditions.

COMPLIANCE WITH APPLICABLE LAW
You agree to comply with all applicable local laws and regulations that may govern your use of the Software.

MISCELLANEOUS
This Agreement (including any amendment to this Agreement) is the entire agreement between you and Dolby relating to the Software and supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software or any other subject matter covered by this Agreement. If there exists any conflict between the terms of this Agreement and the terms of any amendments, the terms of any amendments shall prevail. If any provision of this Agreement is held to be void, invalid, unenforceable, or illegal, the other provisions shall continue in full force and effect. There may be technological measures in or part of the Software or that may be enabled by use of the Software that are designed to prevent the unlicensed, unauthorized, or illegal use of the Software and/or to identify users of the Software. You understand and agree that Dolby may use such measures.