| |
.
INEEN End User License Agreement (EULA)
PLEASE READ THIS END USER LICENSE AGREEMENT ("EULA") BEFORE USING THE SOFTWARE OR SERVICE. BY USING THE SOFTWARE OR SERVICE, "YOU" – THE END USER – ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA. SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS EULA BY CLICKING THE "AGREE/ACCEPT" BUTTON.
IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, CLICK "DISAGREE/DECLINE".
In this EULA we call our IP communications service the Service and the IP communications software used to connect to the Service, the Software.
Principal Terms.
General. The Software and documentation accompanying this EULA and contained in the Software package whether on disk, in read only memory, on any other media or in any other form (collectively the "Software") are licensed, not sold, to you by INEEN Inc. ("INEEN") for use only under the terms of this EULA, and INEEN reserves all rights not expressly granted to you. The rights granted herein are limited to INEEN’s intellectual property rights in the Software and do not include any other patents or intellectual property rights. You own the media on which the Software is recorded but INEEN retains ownership of the Software itself. The Software and any copies, which this EULA authorizes you to make, are subject to this EULA.
No Emergency Calls: by entering into this EULA, You acknowledge and agree that the Software and Service are not and do not intend to support or carry emergency calls.
Jurisdiction’s Restrictions: if You are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and You are under such a jurisdiction and under such age limit, You may not enter into this EULA and download, install or use the Software or Service. Furthermore, if You are residing in a jurisdiction where it is forbidden by law to offer or use software for internet telephony, You may not enter into this EULA and You may not download, install or use the Software or Service. By entering into this EULA You explicitly state that You have verified in Your own jurisdiction if Your use of the Software and Service is allowed.
Definitions.
"Affiliate" means any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, INEEN. For the purpose of this definition, the word "control" shall mean the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of the corporation, company, or other entity.
"Authorized System" means a computer that runs an operating system that supports the Software and which is owned and/or operated by you for your internal use.
"Intellectual Property Rights" means any and all intellectual property rights, including but not limited to copyrights, trademarks and patents, as well as know how and trade secrets contained in or relating to the Software or Service or www.ineen.com.
General Terms.
License. Subject to the terms of this EULA, INEEN hereby grants You a limited, personal, non-commercial (at home or at work), non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the Software and Service on Your computer or PDA, for the sole purpose of internet telephony applications and any other applications that may be explicitly provided by INEEN.
Exclusive Ownership. You acknowledge and agree that any and all Intellectual Property Rights are and shall remain the exclusive property of INEEN and its licensors. Nothing in this EULA intends to transfer any Intellectual Property Rights to, or to vest any Intellectual Property Rights in, You.
You are only entitled to the limited use of the Intellectual Property Rights granted to You in this EULA. You will not take any action to jeopardize, limit or interfere with the Intellectual Property Rights. You acknowledge and agree that any unauthorized use of the Intellectual Property Rights is a violation of this EULA as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws.
Transfer; Duplication. You may not sell, assign, rent, lease, lend, distribute, export, import or sublicense the Software. You may (a) make one copy of the Software for backup or archival purposes, or (b) transfer the Software to a single hard disk of each Authorized System, provided you keep the original solely for backup or archival purposes. Copies of the Software must include all copyright or other proprietary notices contained on the original. You may print one copy of all documentation provided in electronic or online format. Except as and only to the extent expressly permitted in this EULA or by applicable law, you may not copy, decompile, reverse engineer, disassemble, hack, modify, or create derivative works of the Software or any part thereof.
Paid Services. This EULA applies to downloading, installing and using the Software and Service, free of charge. The use of any paid services which may be offered by INEEN is subject to additional "Terms of Service" that may be published on the www.ineen.com.
Your Confidential Information and Your Privacy. INEEN is committed to respecting Your privacy and the confidentiality of Your personal data. The "Privacy Policy" that is published on the www.ineen.com applies to the use of Your personal data, the traffic data as well as the content contained in Your communication(s).
No Emergency Services; High Risk Activities. You expressly agree and understand that neither the Software nor the Service are intended to support or carry emergency calls to any type of hospital, law enforcement agency, medical care unit or any other kind of emergency service. INEEN is in no way liable for such emergency calls. THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
Lawful Purposes. You acknowledge and agree to use the Software solely for lawful purposes. In this respect You may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for You, (b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Software or the communication, or (c) send any unsolicited commercial communication not permitted by applicable law.
Termination. This EULA is effective until terminated. INEEN may terminate this EULA at any time, with or without cause, by providing notice to You and/or by preventing Your access to the Software or Service. Your rights under this EULA will terminate automatically without notice from INEEN if you fail to comply with any term(s) of this EULA. Upon the termination of this EULA, you shall cease all use of the Software and destroy all copies, full or partial, of the Software.
Indemnification. You agree to indemnify, defend and hold INEEN harmless from and against any and all liability and costs, including reasonable attorneys’
fees incurred by said parties, in connection with or arising out of Your (a) violation or breach of any term of this EULA or any applicable law, regulation, policy or guideline, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or misuse of the Software or Service, or (d) communication spread by means of the Software or Service.
Disclaimer of Warranties. You expressly acknowledge and agree that use of the Software is at your sole risk AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, The Software is provided "AS IS", WITH ALL FAULTS and without warranty of any kind, and INEEN HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. INEEN DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INEEN OR AN INEEN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
No Liability. THE SOFTWARE AND SERVICE ARE BEING PROVIDED TO YOU FREE OF CHARGE. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT INEEN WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SOFTWARE OR SERVICE, AS SET FORTH BELOW.
Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL INEEN BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF INEEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
Remedy. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE OR SERVICE IS TO DEINSTALL AND CEASE USE OF SUCH SOFTWARE OR SERVICE.
Export Law Assurances. You may not use or otherwise export or reexport the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria) or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
Government End Users. The Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R.
§227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R.
§227.7202-1through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.
New versions of the EULA. INEEN reserves the right to modify this EULA at any time by providing such revised EULA to You or by publishing the revised EULA on www.ineen.com. Your continued use of the Software or Service shall constitute Your acceptance to be bound by the terms and conditions of the revised EULA.
Partial Invalidity. Should any term or provision hereof be deemed invalid, void or enforceable either in its entirety or in a particular application, the remainder of this EULA shall nonetheless remain in full force and effect.
No waiver. The failure of INEEN at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by INEEN.
No Assignment by You. You are not allowed to assign this EULA or any rights hereunder.
Assignment by INEEN. INEEN is allowed to at its sole discretion assign this EULA or any rights hereunder to any Affiliate, without giving prior notice.
Controlling Law and Severability. This EULA will be governed by and construed in accordance with the laws of the State of Nevada, as applied to agreements entered into and to be performed entirely within Nevada between Nevada residents. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect.
Complete Agreement; Governing Language. This EULA constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this EULA will be binding unless in writing and signed by INEEN. Any translation of this EULA is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this EULA shall govern.
Revised March 2005.
|
TM