End User License Agreement
For VoipGATE Softphone
1. Licensed Uses and Restrictions.
a. Authorised Use of the Software
You may install and personally use the Software and any updates provided by VoipGATE (in its sole discretion) in object code form on a personal computer owned or controlled by you and may use the Software for your own use or benefit providing its noncommercial.b. Unauthorised Use of the Software
You may not: • Decompile the Software or reverse-engineer it, and more generally you agree not to disassemble, modify, rent, lease, loan, and distribute the Software. • Incorporate the Software into any computer chip or the firmware of a computing device manufactured by or for you. • Use the Software in violation of applicable laws or regulations; • Sell, lease, loan, distribute, transfer or sublicense the Software or access thereto or derive income from the use or provision of the Software, whether for direct commercial or monetary gain or otherwise, without VoipGATE’s prior, express, written permission; • Use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms or this Software License and of the Service, as accessible at http://www.voipgate.com/site/index.php/terms-and-conditions.c. Termination of License
• Your license to the Software under this Software License continues until it is terminated by either party. • You may terminate the Software License by discontinuing use of any and all elements of the Software and by destroying all your copies of the applicable Software. • This Software License terminates automatically, should you violate any term of this Software License, VoipGATE publicly posts a written notice of termination on VoipGATE’s web site, or sends a written notice of termination to you directly.2. Content Rights.
a. Intellectual Property Rights
• The Software is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of Luxembourg and other countries. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in this Software License and in the Terms.• VoipGATE and its Licensors own all rights, title, and interest in and to their applicable contributions to the Software.
• This Software License grants you no right, title, or interest in any intellectual property owned or licensed by VoipGATE, including (but not limited to) the Software and trademarks, and creates no relationship between yourself and VoipGATE’s Licensors, or between you and other than that of to licensee.
• You understand that parts of this Software may be provided under license from third-parties and agree to abide by their respective rules and uphold their rights, as detailed on http://www.voipgate.com/site/index.php/terms-and-conditions.
b. Database Rights
• The Software, and its components contain software licensed from Licensors ("Licensor Software"). The Licensor Software enables the Software to perform certain functions, including without limitation, access proprietary data on third party data servers (“the Data”-.• You agree that you will use the Software, and the Data only for your own use.
• You agree not to assign, copy, transfer or transmit the Software, or any part of the Data.
• Your license to use the Software, its components will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the Software, its components, and any part of the Data. • All rights in any third party data, any third party software, and any third party data servers, including all ownership rights are reserved and remain with the respective third parties. You agree that these third parties may enforce their rights under this Agreement against you directly in their own name.
3. Software Evolutions.
a. VoipGATE may elect to provide you with software upgrades, enhancements, or modifications for the Software (collectively, "Update Program"), in its sole discretion.b. Accordingly, VoipGATE may terminate such the Update Program at any time without notice to you.
c. VoipGATE may also change, suspend or discontinue any aspect of the Software at any time, including the availability of any Software feature, database, or content. may also impose limits on certain features and services or restrict your access to parts or all of the Software or the web site without notice or liability.
4.Fees and Payments.
Although the Software is currently provided free of charge, VoipGATE reserves the right, in its sole discretion, to charge fees for future use of or access to the Software or the services that are attached to it (collectively, "Software Services") after posting a notice on the Web Site.5. Disclaimer of Warranties by VoipGATE.
a. You agree that use of the software and any data accessed through the software (Such as Data from your VoipGATE account or any other information provided by or using the Software) is at your sole risk and that such data is provided "as is". In particular, You recognize that voipGATE cannot guarantee that You will always be able to communicate with other people, nor can voipGATE guarantee that You can communicate without disruptions, delays or communication-related flaws or that all Your communications shall always be delivered to other people.b. VoipGATE, its officers, directors, employees, contractors, agents, affiliates, and assigns (collectively, "entities") expressly disclaim all warranties of any kind, whether express or implied, relating to the software and any data accessed therefrom, or the accuracy, timeliness, completeness, or adequacy of the software and any data accessed therefrom, including the implied warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. c. Information provided through the software may be delayed, inaccurate, or contain errors or omissions, and the entities and licensors will have no liability with respect thereto. VoipGATE may change or discontinue any aspect or feature of the software or the use of all or any features or technology in the software at any time without prior notice to you, including, but not limited to, content and hours of availability.
6. Limitation of Liability.
THE ENTITIES AND LICENSORS ARE NOT LIABLE TO YOU FOR ANY AND ALL DIRECT, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO ANY THIRD PARTY SOFTWARE, ANY DATA ACCESSED THROUGH THE SOFTWARE, YOUR USE OR INABILITY TO USE OR ACCESS THE SOFTWARE OR ANY DATA PROVIDED THROUGH THE SOFTWARE, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. DAMAGES EXCLUDED BY THIS CLAUSE INCLUDE, WITHOUT LIMITATION, THOSE FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS RESTRICTION MAY NOT APPLY TO YOU.7. Indemnification.
You agree to indemnify and hold the Entities harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with or arising out of your use of the Software, your violation of any terms or conditions of this Software License, your violation of applicable laws, or your violation of any rights of another person or entity.8. Privacy
Your registration data and certain other information about you is subject to rules from our Privacy Terms, as outlined in Article 14 of our Terms (Confidentiality and protection of Data Privacy).9. Governing Law.
This Software License and the relationship between you and is governed by the laws of Luxembourg. You agree to submit to the personal and exclusive jurisdiction of the competant Luxembourg courts.10. No General Waiver; Severability.
The failure of to exercise or enforce any right or provision of this Software License shall not constitute a waiver of such right or provision. If any provision of this Software License is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Software License remain in full force and effect.11. Entire Agreement.
This Software License and the Terms constitute the entire understanding between You and VoipGATE respecting use of the Software, superseding all prior existing agreements. In the event of any conflict between the terms and conditions of this Software License and those in the Terms, the terms and conditions of this Software License will prevail, except to the extent that the TERMS impose additional restrictions and liabilities on your actions.12. Surviving Provisions.
Sections 2, and 4 through 12, will survive any termination of this Agreement.
