SoundHound Mobile Terms of Service

Acceptance of Terms of Service

The following sets forth the agreement (this “Agreement”) between you and SoundHound, Inc. (with its affiliates, “SoundHound,” “we” or “us”) under which you may download and use the SoundHound mobile applications (the “Software” or the “SoundHound Service”), including, without limitation, all or any part of any content, visual interfaces, images, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the SoundHound Service and other materials that are provided by or in connection with the SoundHound Service (“SoundHound Materials”). YOU ACKNOWLEDGE THAT, PRIOR TO DOWNLOADING AND USING THE SOFTWARE, YOU HAVE READ AND UNDERSTOOD THE TERMS OF THIS AGREEMENT, WITHOUT MODIFICATION. BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SOFTWARE.

You can review the most current version of this Agreement by visiting www.soundhound.com. The most current version will supersede all previous versions. By continuing to use the SoundHound Service after changes are made, you agree to be bound by such changes.

Eligibility

You must be at least 18 years old to download and use the SoundHound Service, or, if you are not at least 18, you must be at least 13 years old and may download and/or use the SoundHound Service only in conjunction with, and under the supervision of, your parent or guardian. If you do not qualify, you may not download or use the SoundHound Service.

Use of the Software Generally

Provided that you otherwise fully comply with the terms and conditions of this Agreement, and upon your payment of the applicable fees (if any), we grant to you a limited, personal, non-exclusive, non-transferable and non-sublicensable license to use the Software on one mobile device solely as set forth herein.

Restrictions

Except as expressly authorized herein, you agree to the following restrictions:

(a) You may not use, copy, modify, translate, publicly perform or display, transmit, publish, edit, adapt, reproduce, or transfer the right to use the Software except as expressly provided in this Agreement.

(b) You may not distribute, sell, resell, sublicense, rent, lease, share, or lend the Software.

(c) You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to discover the source code of the Software or create derivative works based on the Software.

(d) You agree that you shall only use the SoundHound Service in a manner that complies with all applicable laws in the jurisdiction in which you use the SoundHound Service, including, but not limited to, applicable restrictions concerning privacy, copyright and other intellectual property rights.

(e) You agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy, usurp, modify or limit the functionality of the SoundHound Service or any computer software, hardware, telecommunications equipment or other equipment or devices associated with the SoundHound Service. You also agree not to interfere with the servers, networks or other devices or equipment connected to or used in connection with the SoundHound Service or to violate any of the procedures, policies or regulations of such networks, devices or equipment, or of any service providers associated with or connected to the SoundHound Service.

(f) We do not promote, recommend or condone use of the SoundHound Service during other activities, such as the operation of machinery, where there is any risk of accident. You agree not to use the SoundHound Service during such activities.

(g) Unless otherwise specifically provided by us, our licence to you under these Terms is personal to you and allows you to access and use the SoundHound Service only on the device on which the software was first installed. The licence is not transferrable to another person or another Device without our agreement.

(h) You agree to use the SoundHound Service fairly and not to use the SoundHound Service for excessive searching beyond reasonable personal usage.

Other Charges

In connection with your use of the SoundHound Service, you may be subject to charges imposed by your wireless or other applicable carrier. Payment of such charges is solely your responsibility.

Electronic Communications

By downloading and/or using the SoundHound Service, you consent to receiving electronic communications and notices from SoundHound. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any applicable legal communication requirements, including that such communications be in writing.

Advertising/Third Party Offers

In connection with your use of the SoundHound Service, we may display certain third party advertising based on your current location or your use of the SoundHound Service. Additionally, the SoundHound Service may contain links to third party web sites, advertisements, or programs that are not controlled by or affiliated with SoundHound. SoundHound is not responsible for the content, offers or privacy policies of such third party advertising, sites and programs. Your dealings with third party sites are solely between you and the applicable third party.

Automatic Updates

SoundHound may automatically provide your Software with updates/upgrades in order to keep your Software up-to-date.

Intellectual Property

The SoundHound Service, including all Materials, is owned by SoundHound and its affiliates and third-party licensors, as applicable, and is protected by applicable United States and foreign copyright, trade dress, patent, and trademark laws, international conventions, and other applicable intellectual property and proprietary rights and applicable laws. Materials do not include certain materials and content submitted by users of the SoundHound Service or any website of SoundHound or any of its affiliates. All trademarks, service marks and trade names are proprietary to SoundHound and its affiliates and third-party licensors, as applicable.

Disclaimers; No Warranties

THE SOUNDHOUND SERVICE AND ANY THIRD-PARTY MUSIC, MEDIA, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOUNDHOUND SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SOUNDHOUND AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

SOUNDHOUND AND ITS AFFILIATES, SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOUNDHOUND SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SOUNDHOUND SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SOUNDHOUND, AND ITS LICENSORS, SUPPLIERS AND PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOUNDHOUND SERVICE IN TERMS OF IT CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NEITHER SOUNDHOUND NOR ITS SUPPLIERS AND PARTNERS) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, PURCHASE, OR OTHERWISE OBTAIN MEDIA, MUSIC, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE SOUNDHOUND SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL OR DATA.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification; Hold Harmless; Release

You agree to indemnify, hold harmless and release SoundHound, its officers, directors, stockholders, affiliates, and its and their licensors, suppliers and partners, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of (i) your use or misuse of the SoundHound Service, (ii) breach of any of this Agreement , (iii) your violation of any applicable law or the rights of any other person or entity, or (iv) the display, playback, publishing, hosting, sharing and/or selling or other distribution of any content made available through or by the SoundHound Service. SoundHound reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

Limitation of Liability and Damages

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SOUNDHOUND OR ITS SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, LICENSORS, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SOUNDHOUND SERVICE OR ANY CAUSE OF ACTION ARISING HEREUNDER, EVEN IF SOUNDHOUND OR A SOUNDHOUND AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SOUNDHOUND’s LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL SOUNDHOUND OR ITS SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, LICENSORS, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF THE SOUNDHOUND SERVICE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SOUNDHOUND SERVICE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL SOUNDHOUND, REGARDLESS OF THE CAUSE OF ACTION, HAVE ANY LIABLITY FOR ANY DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN SOUNDHOUND AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SOUNDHOUND SERVICE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE SOUNDHOUND SERVICE.

Technical Support

SoundHound has no obligation to furnish you with technical support unless separately agreed in writing between you and SoundHound.

Governing Law

If any dispute arises regarding this Agreement or the SoundHound Service, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction and venue in the state and federal courts in Santa Clara, California.

International

SoundHound makes no claims that the Software may be lawfully accessed, used or downloaded outside of the United States. Any such use of the Software and/or the Materials may not be lawful by certain persons or in certain territories. If you access any of these from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of whatever jurisdiction you are in at the time.

Export Law Compliance

You agree that to comply with all export restrictions and regulations of the Department of Commerce or other agency of the United States Government, and that you will not export or otherwise transfer the Software, directly or indirectly, to a prohibited country.

Waiver

Any provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

Severability

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Assignment

We may assign our interest in this Agreement. You may not assign or transfer this Agreement. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

Right to Terminate

Your rights under this Agreement will automatically terminate without notice from SoundHound if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Software and SoundHound may immediately restrict your access to the SoundHound Service.

Headings

The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Service, and shall not be deemed to limit or affect any of the provisions hereof.

Entire Agreement

This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement made by SoundHound as set forth above.

Open Source Notices

Portions of the Software may include copyrighted material that is “open source” software. As part of the applicable license agreements governing such open source software, SoundHound is required to include certain provisions in this Agreement (each, an “Open Source Provision”) as set forth below. THE TERMS OF EACH OPEN SOURCE PROVISION APPLY ONLY TO THE APPLICABLE OPEN SOURCE SOFTWARE CODE AS SPECIFIED BELOW. FOR CLARITY, ANY REFERENCES TO DEFINED TERMS WITHIN AN OPEN SOURCE PROVISION APPLY ONLY TO THE TERMS OF THAT OPEN SOURCE PROVISION AND THE OPEN SOURCE SOFTWARE CODE TO WHICH IT APPLIES. ALL OTHER ASPECTS OF THE SOUNDHOUND SERVICE AND SOUNDHOUND MATERIALS ARE GOVERNED BY THE PROVISIONS OF THIS AGREEMENT OTHER THAN THIS SECTION (OPEN SOURCE NOTICES).

1. iPhone Client. The Software for the iPhone client incorporates the following open source software components:

  • 1.1 AQ Toolkit. The AQ Toolkit is governed by the following Open Source Provision:

    Copyright (c) 2009 Jim Dovey

    All rights reserved.

    Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

    • Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
    • Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
    • Neither the name of the author nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

    THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) 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 OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

  • 1.2 LibSpeex; Speex. LibSpeex and Speex are each governed by the following Open Source Provision ("Speex License"):

    Speex License

    © 2002-2003, Jean-Marc Valin/Xiph.Org Foundation

    Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

    • Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
    • Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
    • Neither the name of the Xiph.org Foundation nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

    THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE FOUNDATION OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) 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 OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

  • 1.3 MGTwitterEngine. MGTwitterEngine is governed by the following Open Source Provision:

    License Agreement for Source Code provided by Matt Gemmell

    This software is supplied to you by Matt Gemmell in consideration of your agreement to the following terms, and your use, installation, modification or redistribution of this software constitutes acceptance of these terms. If you do not agree with these terms, please do not use, install, modify or redistribute this software.

    In consideration of your agreement to abide by the following terms, and subject to these terms, Matt Gemmell grants you a personal, non-exclusive license, to use, reproduce, modify and redistribute the software, with or without modifications, in source and/or binary forms; provided that if you redistribute the software in its entirety and without modifications, you must retain this notice and the following text and disclaimers in all such redistributions of the software, and that in all cases attribution of Matt Gemmell as the original author of the source code shall be included in all such resulting software products or distributions. Neither the name, trademarks, service marks or logos of Matt Gemmell may be used to endorse or promote products derived from the software without specific prior written permission from Matt Gemmell. Except as expressly stated in this notice, no other rights or licenses, express or implied, are granted by Matt Gemmell herein, including but not limited to any patent rights that may be infringed by your derivative works or by other works in which the software may be incorporated.

    The software is provided by Matt Gemmell on an "AS IS" basis. MATT GEMMELL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SOFTWARE OR ITS USE AND OPERATION ALONE OR IN COMBINATION WITH YOUR PRODUCTS.

    IN NO EVENT SHALL MATT GEMMELL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) ARISING IN ANY WAY OUT OF THE USE, REPRODUCTION, MODIFICATION AND/OR DISTRIBUTION OF THE SOFTWARE, HOWEVER CAUSED AND WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF MATT GEMMELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

  • 1.1 SA-OAuthTwitterEngine. SA-OAuthTwitterEngine is governed by the following Open Source Provisions:

    Twitter+OAuth Source and Example for iPhone

    Glommed together by Ben Gottlieb

    copyright 2009 Stand Alone, Inc. - all rights reserved.

    • Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
    • Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
    • Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

    Neither the name of Stand Alone, Inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

    THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) 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 OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

    Built using:

    MGTwitterEngine by Matt Gemmell. MGTwitterEngine is governed by the Gemmell License (as defined above).

    OAuthConsumer Framework by Jon Crosby. OAuthConsumer Framework is governed by the following Open Source Provision ("Apache License"):

    Apache License

    Version 2.0, January 2004

    http://www.apache.org/licenses/

    TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

    1. Definitions.

    "License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.

    "Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.

    "Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.

    "You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.

    "Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.

    "Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.

    "Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).

    "Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.

    "Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."

    "Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.

    2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.

    3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.

    4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:

    (a) You must give any other recipients of the Work or Derivative Works a copy of this License; and

    (b) You must cause any modified files to carry prominent notices stating that You changed the files; and

    (c) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and

    (d) If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.

    You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.

    5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.

    6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.

    7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) 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. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.

    8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.

    9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.

    END OF TERMS AND CONDITIONS

    APPENDIX: How to apply the Apache License to your work.

    To apply the Apache License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "[]" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives.

    Copyright [yyyy] [name of copyright owner]

    Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License.

    You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0

    Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

    OAuth-MyTwitter by Chris Kimpton. OAuth-MyTwitter is governed by the following Open Source Provision:

    The MIT License

    Copyright (c) 2009 Chris Kimpton

    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

    OAuth Test Application
    original source written by Isaiah Carew
    © YourHead Software 2009 - All rights reserved.
    http://yourhead.com
    http://github.com/yourhead/OAuth_ObjC_Test_App/tree/master

  • 1.5 SBJSON. SBJSON is governed by the following Open Source Provision:

    Copyright (C) 2007-2011 Stig Brautaset. All rights reserved.

    Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

    • Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
    • Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
    • Neither the name of the author nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

    THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) 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 OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

2. Android Client. The Software for the Android client incorporates the following open source software components:

  • 2.1 Apache Commons; Facebook Android SDK. Apache Commons and Facebook Android SDK are each governed by the Apache License (as defined above).

  • 2.2 Speex. Speex is governed by the Speex License (as defined above).

  • 2.3 Twitter4J. Twitter4J is governed by the following Open Source Provisions:

    Copyright (c) 2007-2011, Yusuke Yamamoto

    All rights reserved.

    Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

    • Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
    • Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
    • Neither the name of the Yusuke Yamamoto nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

    THIS SOFTWARE IS PROVIDED BY Yusuke Yamamoto "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL Yusuke Yamamoto BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) 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 OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

    Twitter4J includes software from JSON.org to parse JSON response from the Twitter API. The JSON component is governed by the following Open Source Provision:

    Copyright (c) 2002 JSON.org

    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

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  • 2.4 ActionBarSherlock. ActionBarSherlock is governed by Apache License Version 2.0 (as defined above).

  • 2.5 ViewPagerIndicator. ViewPagerIndicator is governed by Apache License Version 2.0 (as defined above).

  • 2.6 XStream. XStream is governed by the following license:

    Copyright (c) 2003-2006, Joe Walnes

    Copyright (c) 2006-2009, 2011 XStream Committers

    All rights reserved.

    Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

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3. J2ME Client. The Software for the J2ME client incorporates the following open source software components:

  • 3.1 GZIP. GZIP is governed by the following Open Source Provision:

    Copyright (c) 2004-2006 Carlos Araiz (caraiz@java4ever.com)

    GNU Lesser General Public License

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  • 3.2 kXML2. kXML2 is governed by the following Open Source Provision:

    Copyright (c) 2002, 2003, Stefan Haustein, Oberhausen, Rhld., Germany

    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

4. Symbian 3rd Edition. The Software for the Symbian 3rd Edition client incorporates the following open source software component:

  • 4.1 Speex. Speex is governed by the Speex License (as defined above).

5. Symbian 5th Edition. The Software for the Symbian 5th Edition client incorporates the following open source software component:

  • 5.1 Speex. Speex is governed by the Speex License (as defined above).

6. Windows Mobile 6.x Client. The Software for the Windows Mobile 6.x client incorporates the following open source software components:

  • 6.1 Libpng. Libpng is governed by the following Open Source Provision:

    This copy of the libpng notices is provided for your convenience. In case of any discrepancy between this copy and the notices in the file png.h that is included in the libpng distribution, the latter shall prevail.

    COPYRIGHT NOTICE, DISCLAIMER, and LICENSE:

    If you modify libpng you may insert additional notices immediately following this sentence.

    This code is released under the libpng license.

    libpng versions 1.2.6, August 15, 2004, through 1.5.1, February 3, 2011, are Copyright (c) 2004, 2006-2011 Glenn Randers-Pehrson, and are distributed according to the same disclaimer and license as libpng-1.2.5 with the following individual added to the list of Contributing Authors

    Cosmin Truta

    libpng versions 1.0.7, July 1, 2000, through 1.2.5 - October 3, 2002, are Copyright (c) 2000-2002 Glenn Randers-Pehrson, and are distributed according to the same disclaimer and license as libpng-1.0.6 with the following individuals added to the list of Contributing Authors

    Simon-Pierre Cadieux

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    Gilles Vollant

    and with the following additions to the disclaimer:

    There is no warranty against interference with your enjoyment of the library or against infringement. There is no warranty that our efforts or the library will fulfill any of your particular purposes or needs. This library is provided with all faults, and the entire risk of satisfactory quality, performance, accuracy, and effort is with the user.

    libpng versions 0.97, January 1998, through 1.0.6, March 20, 2000, are Copyright (c) 1998, 1999 Glenn Randers-Pehrson, and are distributed according to the same disclaimer and license as libpng-0.96, with the following individuals added to the list of Contributing Authors:

    Tom Lane

    Glenn Randers-Pehrson

    Willem van Schaik

    libpng versions 0.89, June 1996, through 0.96, May 1997, are Copyright (c) 1996, 1997 Andreas Dilger, and are distributed according to the same disclaimer and license as libpng-0.88, with the following individuals added to the list of Contributing Authors:

    John Bowler

    Kevin Bracey

    Sam Bushell

    Magnus Holmgren

    Greg Roelofs

    Tom Tanner

    libpng versions 0.5, May 1995, through 0.88, January 1996, are Copyright (c) 1995, 1996 Guy Eric Schalnat, Group 42, Inc.

    For the purposes of this copyright and license, "Contributing Authors" is defined as the following set of individuals:

    Andreas Dilger

    Dave Martindale

    Guy Eric Schalnat

    Paul Schmidt

    Tim Wegner

    The PNG Reference Library is supplied "AS IS". The Contributing Authors and Group 42, Inc. disclaim all warranties, expressed or implied, including, without limitation, the warranties of merchantability and of fitness for any purpose. The Contributing Authors and Group 42, Inc. assume no liability for direct, indirect, incidental, special, exemplary, or consequential damages, which may result from the use of the PNG Reference Library, even if advised of the possibility of such damage.

    Permission is hereby granted to use, copy, modify, and distribute this source code, or portions hereof, for any purpose, without fee, subject to the following restrictions:

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    The Contributing Authors and Group 42, Inc. specifically permit, without fee, and encourage the use of this source code as a component to supporting the PNG file format in commercial products. If you use this source code in a product, acknowledgment is not required but would be appreciated.

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    printf("%s",png_get_copyright(NULL));

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    February 3, 2011

  • 6.2 Speex. Speex is governed by the Speex License (as defined above).

  • 6.3 TinyXML. TinyXML is governed by the TinyXML License (as defined above).

  • 6.4 zlib. zlib is governed by the following Open Source Provision:

    zlib.h -- interface of the 'zlib' general purpose compression library

    version 1.2.5, April 19th, 2010

    Copyright (C) 1995-2010 Jean-loup Gailly and Mark Adler

    This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.

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    2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.

    3. This notice may not be removed or altered from any source distribution.

    Jean-loup Gailly

    Mark Adler

A part of the Software may include code provided by Jean-Marc Valin/Xiph.Org Foundation, which enables the Software to compress user voices for the purpose of transmitting such voices to SoundHound servers ("Xiph Code"). Xiph Code is "open source" software, and as part of the applicable license agreement, SoundHound is required to include the following provisions in this Agreement (collectively referred to as "Xiph Terms"). XIPH TERMS APPLY ONLY TO XIPH CODE. ALL OTHER ASPECTS OF THE SOFTWARE SHALL BE GOVERNED BY THE PROVISIONS OF THIS AGREEMENT OTHER THAN THIS SECTION (OPEN SOURCE NOTICES).

© 2002-2003, Jean-Marc Valin/Xiph.Org Foundation
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

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SoundHound, Inc. is located at 3979 Freedom Circle, Santa Clara, CA 95054. Contact us by email: .