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Nuance Announces Fourth Quarter

and Fiscal Year 2010 Results

Strength in Healthcare and Mobile & Consumer Markets

Fueled Growth in Revenue and Operating Cash Flow

Nuance reported GAAP revenue of $309.8 million in the fourth quarter of fiscal 2010, a 17.7% increase over GAAP revenue of $263.3 million in the fourth quarter of fiscal 2009.  Nuance reported non-GAAP revenue of $324.9 million, which includes $15.1 million in revenue lost to accounting treatment in conjunction with acquisitions.  Fourth quarter fiscal 2010 non-GAAP revenue grew 17.8% over non-GAAP revenue of $275.7 million in the same quarter last year and grew 10.7% compared to the third quarter of fiscal 2010.

In the fourth quarter of fiscal 2010, Nuance recognized GAAP net income of $2.1 million, or $0.01 per diluted share, compared with GAAP net income of $4.5 million, or $0.02 per diluted share, in the fourth quarter of fiscal 2009, as adjusted for the retrospective application of FASB ASC 470-20, which Nuance adopted on October 1, 2009. In the fourth quarter of fiscal 2010, Nuance reported non-GAAP net income of $100.3 million, or $0.33 per diluted share, compared to non-GAAP net income of $90.8 million, or $0.32 per diluted share, in the fourth quarter of fiscal 2009. Nuance’s non-GAAP operating margin was 35.2% for both the fourth quarter of fiscal 2010 and the fourth quarter of fiscal 2009, reflecting Nuance’s increased investments in the business. Nuance reported cash flow from operations of $111.6 million in the fourth quarter of fiscal 2010, compared to $74.4 million in the fourth quarter of fiscal 2009.

In fiscal year 2010, Nuance reported GAAP revenue of $1,118.9 million, a 17.7% increase over $950.4 million in fiscal 2009. The company reported non-GAAP revenue of $1,195.7 million in fiscal 2010, which includes $76.7 million in revenue lost to accounting treatment in conjunction with acquisitions. Fiscal 2010 non-GAAP revenue grew 18.4% over non-GAAP revenue of $1,010.3 million in fiscal 2009.

In fiscal year 2010, Nuance recognized a GAAP net loss of ($19.1) million, or ($0.07) per share, compared with a GAAP net loss of ($19.4) million, or ($0.08) per share in fiscal 2009, as adjusted for the retrospective application of FASB ASC 470-20, which Nuance adopted on October 1, 2009. In fiscal 2010, the company recognized non-GAAP net income of $359.1 million, or $1.19 per diluted share, compared to non-GAAP net income of $288.4 million, or $1.06 per diluted share in fiscal 2009. Fiscal 2010 non-GAAP operating margin increased to 33.2%, compared to 32.1% in fiscal 2009. In fiscal 2010, Nuance reported cash flow from operations of $296.3 million, a 14.5% increase over cash flow from operations of $258.7 million in fiscal 2009. Nuance ended fiscal 2010 with a balance of cash and marketable securities of $550.0 million.

Please refer to the “Discussion of Non-GAAP Financial Measures” and to the “GAAP to Non-GAAP Reconciliations,” included elsewhere in this release, for more information regarding the company’s use of non-GAAP measures.

“In the fourth quarter, Nuance delivered 18% revenue growth and record operating cash flow, driven by strong performance in our healthcare and mobile and consumer business lines,” said Paul Ricci, chairman and CEO of Nuance. “Strong fourth quarter bookings for our healthcare and mobile solutions position Nuance for sustained growth in fiscal 2011.”

Highlights from the quarter include:

Financial Analyst Day

Nuance has scheduled a financial analyst day in Boston, MA on the morning of Thursday, December 9, 2010 and via Webcast. For registration information, please contact kevin.faulkner@nuance.com.

Conference Call and Prepared Remarks

Nuance is providing a copy of prepared remarks in combination with its press release. These remarks are offered to provide shareholders and analysts with additional time and detail for analyzing results in advance of the company’s quarterly conference call. The remarks will be available at www.nuance.com/earningsresults in conjunction with the press release.

As previously scheduled, the conference call will begin today, November 22, 2010 at 5:00 pm EST and will include only brief comments followed by questions and answers. The prepared remarks will not be read on the call. To access the live broadcast, please visit the Investor Relations section of Nuance’s Website at www.nuance.com. The call can also be heard by dialing (800) 230-1085 or (612) 338-1040 at least five minutes prior to the call and referencing conference code 175861. A replay will be available within 24 hours of the announcement by dialing (800) 475-6701 or (320) 365-3844 and using the access code 175861.

About Nuance Communications, Inc

Nuance Communications, Inc. (NASDAQ: NUAN) is a leading provider of voice and language solutions for businesses and consumers around the world.  Its technologies, applications and services make the user experience more compelling by transforming the way people interact with devices and systems. Every day, millions of users and thousands of businesses experience Nuance’s proven applications. For more information, please visit www.nuance.com.

Trademark reference: Nuance, the Nuance logo, Dragon Medical and eScription are registered trademarks or trademarks of Nuance Communications, Inc. or its affiliates in the United States and/or other countries. All other trademarks referenced herein are the property of their respective owners.

The information included in this press release should not be viewed as a substitute for full GAAP financial statements.

Acquisition-Related Revenue and Cost of Revenue.

The Company provides supplementary non-GAAP financial measures of revenue, which include revenue related to acquisitions, primarily from eCopy for the three and twelve months ended September 30, 2010, that would otherwise have been recognized but for the purchase accounting treatment of these transactions. Non-GAAP revenue also includes revenue that the Company would have otherwise recognized had the Company not acquired intellectual property and other assets from the same customer during the same quarter. Because GAAP accounting requires the elimination of this revenue, GAAP results alone do not fully capture all of the Company’s economic activities. These non-GAAP adjustments are intended to reflect the full amount of such revenue. The Company includes non-GAAP revenue and cost of revenue to allow for more complete comparisons to the financial results of historical operations, forward-looking guidance and the financial results of peer companies. The Company believes these adjustments are useful to management and investors as a measure of the ongoing performance of the business because, although we cannot be certain that customers will renew their contracts, the Company historically has experienced high renewal rates on maintenance and support agreements and other customer contracts. Additionally, although acquisition-related revenue adjustments are non-recurring with respect to past acquisitions, the Company generally will incur these adjustments in connection with any future acquisitions.

Acquisition-Related Costs, Net.

In recent years, the Company has completed a number of acquisitions, which result in operating expenses which would not otherwise have been incurred. The Company provides supplementary non-GAAP financial measures, which exclude certain transition, integration and other acquisition-related expense items resulting from acquisitions, to allow more accurate comparisons of the financial results to historical operations, forward-looking guidance and the financial results of less acquisitive peer companies. The Company considers these types of costs and adjustments, to a great extent, to be unpredictable and dependent on a significant number of factors that are outside of the control of the Company. Furthermore, the Company does not consider these acquisition-related costs and adjustments to be related to the organic continuing operations of the acquired businesses and are generally not relevant to assessing or estimating the long-term performance of the acquired assets. In addition, the size, complexity and/or volume of past acquisitions, which often drives the magnitude of acquisition-related costs, may not be indicative of the size, complexity and/or volume of future acquisitions. By excluding acquisition-related costs and adjustments from our non-GAAP measures, management is better able to evaluate the Company's ability to utilize its existing assets and estimate the long-term value that acquired assets will generate for the Company. The Company believes that providing a supplemental non-GAAP measure which excludes these items allows management and investors to consider the ongoing operations of the business both with, and without, such expenses.

These acquisition-related costs are included in the following categories: (i) transition and integration costs; (ii) professional service fees; and (iii) acquisition-related adjustments. Although these expenses are not recurring with respect to past acquisitions, the Company generally will incur these expenses in connection with any future acquisitions. These categories are further discussed as follows:

(i) Transition and integration costs. Transition and integration costs include retention payments, transitional employee costs, earn-out payments treated as compensation expense, as well as the costs of integration-related services provided by third parties.

(ii) Professional service fees. Professional service fees include direct costs of the acquisition, as well as post-acquisition legal and other professional service fees associated with disputes and regulatory matters related to acquired entities.

(iii) Acquisition-related adjustments. Acquisition-related adjustments include adjustments to acquisition-related items that are required to be marked to fair value each reporting period, such as contingent consideration, and other items related to acquisitions for which the measurement period has ended, such as gains or losses on settlements of pre-acquisition contingencies.

Amortization of Acquired Intangible Assets.

The Company excludes the amortization of acquired intangible assets from non-GAAP expense and income measures. These amounts are inconsistent in amount and frequency and are significantly impacted by the timing and size of acquisitions. Providing a supplemental measure which excludes these charges allows management and investors to evaluate results “as-if” the acquired intangible assets had been developed internally rather than acquired and, therefore, provides a supplemental measure of performance in which the Company’s acquired intellectual property is treated in a comparable manner to its internally developed intellectual property. Although the Company excludes amortization of acquired intangible assets from its non-GAAP expenses, the Company believes that it is important for investors to understand that such intangible assets contribute to revenue generation. Amortization of intangible assets that relate to past acquisitions will recur in future periods until such intangible assets have been fully amortized. Future acquisitions may result in the amortization of additional intangible assets.

Costs Associated with IP Collaboration Agreement.

In order to gain access to a third party's (i) extensive speech recognition technology, (ii) data analysis and fact extraction technology and (iii) research organization, Nuance has entered into two IP collaboration agreements. The first is a six-and-a-half-year agreement to accelerate development of new speech technologies. The second is a five-year agreement to enhance the technologies related to data analysis and fact extraction for electronic health records. All intellectual property derived from these collaborations will be jointly owned by the two parties, but Nuance will have sole rights to commercialize this intellectual property during the term of these agreements. For non-GAAP purposes, Nuance considers these long-term contracts and the resulting acquisitions of intellectual property from this third-party over the agreements’ terms to be an investing activity, outside of its normal, organic, continuing operating activities, and is therefore presenting this supplemental information to show the results excluding these expenses. Nuance does not exclude from its non-GAAP results the corresponding revenue, if any, generated from these collaboration efforts. Although the Company's bonus program and other performance-based incentives for executives are based on the non-GAAP results that exclude these costs, certain engineering senior management are responsible for execution and results of these collaboration agreements and have incentives based on those results.

Non-Cash Expenses.

The Company provides non-GAAP information relative to the following non-cash expenses: (i) stock-based compensation; (ii) certain accrued interest; and (iii) certain accrued income taxes. These items are further discussed as follows:

(i) Stock-based compensation. Because of varying available valuation methodologies, subjective assumptions and the variety of award types, the Company believes that the exclusion of stock-based compensation allows for more accurate comparisons of operating results to peer companies, as well as to times in the Company’s history when stock-based compensation was more or less significant as a portion of overall compensation than in the current period. The Company evaluates performance both with and without these measures because compensation expense related to stock-based compensation is typically non-cash and the options and restricted awards granted are influenced by the Company’s stock price and other factors such as volatility that are beyond the Company’s control. The expense related to stock-based awards is generally not controllable in the short-term and can vary significantly based on the timing, size and nature of awards granted. As such, the Company does not include such charges in operating plans. Stock-based compensation will continue in future periods.

(ii and iii) Certain accrued interest and income taxes. The Company also excludes certain accrued interest and certain accrued income taxes because the Company believes that excluding these non-cash expenses provides senior management, as well as other users of the financial statements, with a valuable perspective on the cash-based performance and health of the business, including the current near-term projected liquidity. These non-cash expenses will continue in future periods.

Other Expenses.

The Company excludes certain other expenses that are the result of unplanned events to measure operating performance and current and future liquidity both with and without these expenses; and therefore, by providing this information, the Company believes management and the users of the financial statements are better able to understand the financial results of what the Company considers to be its organic, continuing operations. Included in these expenses are items such as restructuring charges, asset impairments and other charges (credits), net. These events are unplanned and arose outside of the ordinary course of continuing operations. These items also include adjustments from changes in fair value of share-based instruments relating to the issuance of our common stock with security price guarantees payable in cash.

The Company believes that providing the non-GAAP information to investors, in addition to the GAAP presentation, allows investors to view the financial results in the way management views the operating results. The Company further believes that providing this information allows investors to not only better understand the Company’s financial performance, but more importantly, to evaluate the efficacy of the methodology and information used by management to evaluate and measure such performance.

Financial Tables Follow

         
   

Twelve months ended
Sept 30,

       
             
             
             
                     
     
     
             
  • of revenues:
             
                     
                     
                     
     
     
             
     
             
  • expenses:
             
                     
                     
                     
                     
                     
     
     
             
                     
             
     
             
                   
             
     
             
     
             
  • loss per share:
             
     
     
             
  • average common shares outstanding:
             
     
     
                             
                             

Financial statements for the three and twelve months ended September 30, 2009 have been
adjusted for the retrospective application of FASB ASC 470-20.

     
         

ASSETS

   
         
       
     
         
         
         
     
         
         
       
       
       
       
   
     
         
  • AND STOCKHOLDERS' EQUITY
       
         
       
     
         
         
     
         
         
       
       
   
     
         
   
         
     
         
         

Financial statements as of September 30, 2009 have been
adjusted for the retrospective application of FASB ASC 470-20.

 
 
 
   
   
             
  • flows from operating activities:
             
         

Adjustments to reconcile net income (loss) to net cash provided by operating activities:

             
                     
                     
                     
                     
                   
                     
                   

Changes in operating assets and liabilities, net of effects from acquisitions:

             
                 
               
                     
                 
     
     
  • flows from investing activities:
             
             
               
                 
                 
                     
             
     

Net cash provided by (used in) investing activities

     
  • flows from financing activities:
             
             
                 
             
                     
                     
                     

Proceeds from issuance of common stock from employee stock options and purchase plan

                     
     
     
     
                   
     
     
                             
                             

Financial statements for the three and twelve months ended September 30, 2009 have been adjusted for the retrospective
application of FASB ASC 470-20.

 
 
 
     
               
  • revenue
               
                       
                       
       
  • revenue
       
               
  • cost of revenue
               
               
                   
               
       
  • cost of revenue
       
               
  • gross profit
               
       
  • gross profit
       
               
  • income from operations
               
                       
                       
                       
                       
                       
                       
                       
       
  • income from operations
       
               
  • provision for income taxes
               
       
  • provision for income taxes
       
               
  • net income (loss)
           
                       
               
                       
                       
                       
                       
                       
                       
                       
                       
               
       
  • net income
       
               
  • diluted net income per share
       
               
  • weighted average common shares outstanding
       
               
               

Financial statements for the three and twelve months ended September 30, 2009 have been adjusted
for the retrospective application of FASB ASC 470-20.

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