Dragon Medical Practice Edition v4 & Nuance PowerMic 3 including First Year Maintenance
Do more with the latest installed version of Nuance’s industry-leading clinical speech recognition solution for clinicians, GPs and specialist healthcare use combined with the Philips PowerMic 3 and first year's technical support and updates.
With extensive medical vocabularies, not available in any other Dragon product, Dragon Medical Practice Edition enables healthcare practitioners to increase documentation efficiency, allowing for more time with patients, improved quality of information to better inform care teams and staff, faster turnaround time and cost savings.
The Case for Dragon Medical Practice Edition:
End User License Agreement (EULA)
Nuance Communications, Inc.
DRAGON MEDICAL PRACTICE EDITION (“DMPE”) (“Software”)
END USER LICENSE AGREEMENT
IMPORTANT-PLEASE READ CAREFULLY: Your acceptance of the terms of this End User License
Agreement (“Agreement”) is required before your use of the Software. This Agreement is between you
(either an individual or a single entity, hereinafter referred to as “Licensee” or “you”) and Nuance
Communications, Inc. (“Nuance”).
BY OPENING THE SEALED SOFTWARE PACKAGE AND/OR BY INSTALLING OR OTHERWISE USING THE SOFTWARE,
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL OR USE
THE SOFTWARE, AND PRESENT YOUR RECEIPT OR OTHER PROOF OF PURCHASE, TOGETHER WITH THE SOFTWARE PACKAGE,
TO THE ENTITY FROM WHICH YOU OBTAINED THE SOFTWARE PACKAGE WITHIN 30 DAYS TO REQUEST A REFUND.
THIS AGREEMENT IS ENFORCEABLE AGAINST ANY PERSON OR ENTITY (E.G., SYSTEM INTEGRATOR, CONSULTANT OR CONTRACTOR)
THAT INSTALLS OR USES THE SOFTWARE OR ANY COMPONENT OF THE SOFTWARE PACKAGE ON ANOTHER PERSON’S OR ENTITY’S BEHALF.
THIS IS A LICENSE TO USE SOFTWARE AND NOT A SALE OF SOFTWARE CODE.
Your rights under this Agreement may be subject to additional terms and conditions in a separate
written software license agreement with Nuance or with any of Nuance’s authorized resellers intended
to govern the use of the Software Package, which supplements or supersedes all or portions of this
“Affiliates” means any entity that is directly or indirectly controlled by, under common control with, or
in control of a Party to this Agreement. For these purposes, an entity shall be treated as being
controlled by another if: (i) that other entity has fifty percent (50%) or more of the votes in such entity,
or (ii) is able to direct its affairs and/or to control the composition of its board of directors or equivalent
“Authorized User” means an employee or contractor of Licensee who is permitted to access and use the
Software subject to the terms and restrictions contained in this Agreement.
“Authorized User License” means Licensee’s limited right to allow a single employee or contractor (for
each such license purchased, as indicated in the Order) to use the Software in a manner commensurate
with its intended use.
“Device” means a personal computing device as specified in the accompanying Documentation.
“Documentation” means the user manuals and/or technical publications, as applicable, supplied with
the Software in printed or electronic form, relating to the installation, use and administration of the
“License Duration” means the duration of the license grant specific to a particular Software license,
which duration is a Perpetual License.
“Non-Physicians” means employees or contractors of Licensee who are not Physicians, but provide
medical services on behalf of the Licensee, including, but not limited to, nurses, physician assistants and
“Non-Physician Client License” means a license grant as per Section 1(a) of this Agreement, limited for
use to only a Non-Physician, as indicated in the Order, pursuant to the terms of this Agreement. For the
avoidance of doubt, Software licenses pursuant to a “Non-Physician Client License” cannot be used by
“Nuance Services Framework” means a framework of services provided by Nuance in order to validate a
User Profile’s licensing credentials.
“Order” means a purchasing document placed by Licensee for Software licenses which indicates, among
other things, the number and type of Software license(s) and services purchased by you.
“Perpetual License” means a license grant that is not limited in duration, subject to early termination
pursuant to this Agreement.
“Physicians” means physicians (including, but not limited to: full time and part time physicians,
attending physicians, D.O.s and residents working on behalf of the Licensee.
“Physician Client License” means a license grant as per Section 1(a) of this Agreement, limited for use to
only a Physician, as indicated in the Order, pursuant to the terms of this Agreement.
"Run-time Engine" means the programmed access of the Software by a Licensee application or a thirdparty application integrated with the Software.
“Software Package” means the Software, the media containing the Software (if applicable) and the Documentation.
“Usage Data” includes the information you elect to provide to Nuance via the Software, such as audio
files, associated transcriptions and log files, specific words and/or word groups related to you, auto text,
or otherwise provided by you hereunder and generated in connection with the Software.
“User Profile” means the record of speaker-specific data that provides a consistent dictation experience
across successive dictation sessions.
“Software” means Dragon Medical Practice Edition (“DMPE”) and any modified versions, updates, or
upgrades of the Software licensed to you by Nuance.
1. Grant of License
Subject to the terms and conditions of this Agreement, Nuance grants Licensee a non-exclusive license
to use the Software subject to the following:
(a) Software. Licensee may allow an Authorized User for each Authorized User License purchased, to use
the Software on a single Device in a manner commensurate with its intended use and solely for
Licensee’s internal business purposes.
A separate Authorized User License must be purchased for each User Profile using the Software. A user
may create more than one User Profile but may only have one User Profile at a time.
Licensee may authorize a third party to use the Software in connection with the Licensee’s User Profile
solely for the purpose of performing editing or correcting functions for Licensee; however, such third
party must purchase a separate Authorized User License to create his or her own User Profile.
(b) Documentation. Subject to the terms and conditions of this Agreement, Nuance grants to
Licensee a non-exclusive license to make copies of the Documentation in connection with its use of the
Software in accordance with this Agreement, but no more than are reasonably necessary to support
Authorized Users. Any permitted copy of the Documentation that Licensee makes must contain the
same copyright and proprietary notices that appear on or in the Documentation.
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Licensee acknowledges that the Software Package consists of proprietary information and products of
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revocable in accordance with the terms of this Agreement. Nuance reserves all rights not expressly
granted to you in this Agreement.
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(a) This License is effective upon Licensee’s first installation and use of the Software and shall continue
for the License Duration. Licensee may terminate this Agreement at any time by uninstalling the
Software and returning the Software Package to Nuance. Nuance may terminate this Agreement at any
time upon breach by Licensee of any terms of this Agreement, including non-payment of applicable fees
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prohibited by applicable law.
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except to the extent that the foregoing restriction is expressly prohibited by applicable law.
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extent that the foregoing restriction is expressly prohibited by applicable law.
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Nuance warrants that the Software will perform substantially in accordance with the accompanying
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ANY DEFECTS DISCOVERED AFTER THE NINETY (90) DAY LIMITED WARRANTY PERIOD, THERE IS NO
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allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 8
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the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal
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warranty and that is returned to Nuance with a copy of your receipt. You will receive the remedy
elected by Nuance without charge, except that you are responsible for any expenses that you may incur
(example: cost of shipping the Software to Nuance). This Limited Warranty is void if failure of the
Software has resulted from accident, abuse, misapplication, abnormal use by Licensee or malware, virus
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THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS
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IS” BASIS, AND DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR
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8.1 The following provisions set out the exclusions and limitations of liability of Nuance and its
Affiliates, and their respective officers, agents, contractors and employees, to Licensee and its
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connection with this Agreement; and/or any tortuous act or omission including without limitation
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fraudulent misrepresentation; for intentional or criminal misconduct; for death, personal injury or
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extent that such exclusion or limitation is not otherwise permitted by law.
8.3 SUBJECT TO THE FOREGOING PROVISIONS OF THIS SECTION, NUANCE SHALL NOT BE LIABLE
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12. Governing Law
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. To the
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THAT THE SOFTWARE IS NOT A SUBSTITUTE FOR INDEPENDENT MEDICAL DECISION MAKING BY A
QUALIFIED HEALTH CARE PRACTITIONER. LICENSEE IS SOLELY RESPONSIBLE FOR ITS OWN CONDUCT
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