Terms of Use

TELTEL END USER LICENSE AGREEMENT

NOTICE TO USER: PLEASE READ THIS LICENSE AGREEMENT. BY INSTALLING OR USING THE SOFTWARE ACCOMPANYING THIS LICENSE, YOU INDICATE YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. THE SOFTWARE IS FOR LIMITED BETA-LEVEL EVALUATION AND DEMONSTRATION PURPOSES ONLY, AND IS PROVIDED "AS IS" AND WITHOUT ANY SUPPORT UNLESS EXPRESSLY AGREED OTHERWISE.

This is a legally binding agreement ("License") between you, the end user (either an individual or single entity), and PurpleComm Inc. dba TelTel ("TelTel"). The enclosed or downloaded TelTel Product ("Product") is licensed by TelTel for use only on the terms of this License. The Product includes software ("Software") and related explanatory written or on-line materials ("Documentation"). The term "Software" includes any upgrades, modified versions, additions, and copies of the Software provided to you by TelTel. By downloading, installing, copying, or otherwise using the Software, you agree to be bound by the terms of this License. If you do not agree to the terms of this License, do NOT download the Software or, if you have received the Software in packaged form, return the Product to TelTel. This license is for evaluation purposes only, and can be terminated by TelTel at any time for any reason or for no reason with or without notice.

1. GRANT OF LICENSE.

TelTel grants to you a personal, limited, non-commercial, nonexclusive, non-sublicensable, nonassignable license to download, install and use the Software on your personal computer so that you can use, personally, the internet telephony and application provided by TelTel.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

a. Data Collection. To improve user experience and service quality, TelTel Products may from time to time collect anonymous information about your hardware, software and system configurations to help identify trends, usage patterns and to troubleshoot certain problems. No personal identifiable data will be collected and you will be able to continue using TelTel products with no interruptions.

b. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not modify, reverse engineer, decompile, disassemble, adapt, translate, or create derivatives of the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation and you have so notified TelTel.

c. Software Transfer. You may not distribute, sell, assign, license, transfer or grant rights to the Software (or any part of it) in any form to a third party.

d. Termination. This License and/or the use of the Software can be terminated by TelTel at any time for any reason or for no reason with or without notice. You may also terminate this License at any time by uninstalling and destroying or returning the Product together with all copies. This License terminates automatically, without prejudice to any other rights TelTel may have, if you fail to comply with the terms and conditions of this License, in which event you must uninstall and destroy all copies of the Software. TelTel may terminate this Agreement at any time for any reason, with or without cause, by providing notice to you or preventing you from accessing the Product or its network.

e. No Support. Product support, including upgrades, error corrections, and other forms of support, is NOT provided under this License. If TelTel elects to provide any support to you, it does so at its sole option and in its sole discretion, is not obligated thereby to provide any further support, and provides such support subject to the conditions and limitations of this License unless otherwise agreed

3. PAYMENT.

You acknowledge that certain functions in the Software (the "Product") are only available to paid subscribers after a free trial of the Software ends. After the free trial period ends, you will be presented with the option to subscribe to the Product. If you choose not to subscribe to the Product, you acknowledge you will not access functions and services in the Product available to paid subscribers only. TelTel reserves the rights to alter the free trial periods and subscription payments at any time without notice.

4. COPYRIGHT.

The Product, including the Software and the Documentation, are the intellectual property of TelTel, and are protected by law, including copyright and other laws, and international treaty provisions. Unless authorized by a separate site/corporate license or as otherwise permitted by Section 1, you are prohibited from making any additional copies of the Software for any purpose, except as incidental to the productive authorized use of the Software. Except for the limited license granted hereunder, this License does not grant you any interests, including intellectual property rights, in the Software or Product. Contents of the Partner's Channel in all language versions are provided by independent Channel Partners, not affiliated with TelTel. TelTel holds no responsibility to the contents provided by Channel Partners. Channel Partners are solely responsible for the contents. Users understand that by accessing the Partner's Channels, users may be exposed to contents that are offensive, indecent, or objectionable. It is the users' sole responsibility to determine if the channel contents are appropriate for them.

5. YOUR REPRESENTATIONS AND WARRANTIES.

You represent and warrant that you possess the legal rights and ability to enter into this Agreement and to comply with its terms. You will use the Software and the Product for lawful purposes only in accordance with this Agreement and all applicable laws. You agree you will not use any device or process to interfere with the proper working and security mechanism of the Software, the Product and its network.

6. DISCLAIMER OF WARRANTY FOR SOFTWARE AND PRODUCT.

TELTEL SOFTWARE IS LICENSED ON AN "AS IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TELTEL DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. TELTEL MAKES NO REPRESENTATIONS CONCERNING THE QUALITY OF THE SOFTWARE AND DOES NOT PROMISE THAT THE SOFTWARE WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION, OR THAT COMMUNICATIONS USING THE SOFTWARE WILL BE SECURE, PRIVATE, UNINTERRUPTED, UNDISTORTED OR ERROR-FREE.

7. LIMITATION OF LIABILITY.

IN NO EVENT ARE TELTEL, ITS OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES OR NETWORK SERVICE PROVIDERS RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, CLAIMS, OR COSTS, SUCH AS BUT NOT LIMITED TO LOSS OF PROFIT OR DATA, EVEN IF TELTEL HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. You agree that, regardless of the form of claim you may have, TelTel's liability to you or any other party does not exceed the purchase price, if any, paid by you to TelTel for the Product, or if you subscribe to services, paid for the 12 months prior to making a claim. THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

8. EMERGENCY CALLS.

By accepting this Agreement, you acknowledge and agree that the TelTel Software, Products and Services do not and are not intended to carry emergency calls to law enforcement agencies, hospitals, ambulance, medical care facilities or any other kinds of emergency facilities ("Emergency Services"). You also acknowledge and agree that the TelTel Software, Products and Services do not support traditional 911, E911 or any other form of quick dial access to emergency services. You are solely responsible to obtain access to Emergency Services.

9. OWNERSHIP OF SOFTWARE.

TelTel and its suppliers have and retain all ownership interests in the Product, including all patent rights, copyrights, trade secrets, confidential information, trademarks, service marks, related goodwill, and confidential and proprietary information. You have no interests in the Product except as explicitly stated in the license contained in this Agreement. You agree not to remove any notices or markings on, or otherwise alter the integrity of, the Software or Product.

10. GOVERNING LAW.

This Agreement is made under and is governed by and construed in accordance with the laws of the State of California. The parties hereby submit to the personal jurisdiction of the United States District Court for the Northern District of California, and the State courts of the State of California for the County of Santa Clara, and agree that such courts shall have sole and exclusive jurisdiction for resolution of any disputes, and waive any objection based on venue or convenience of forum. You acknowledge and agree that the Software and Documentation were delivered in California. The UN Convention On Contracts For The International Sale Of Goods and any choice of law rules do not apply, regardless of jurisdiction.

11. EXPORT LAW ASSURANCES.

You acknowledge and agree that the Product is subject to restrictions and controls imposed by the United States Export Administration Act (the "Act") and the regulations thereunder. You agree and certify that neither the Product nor any direct product thereof is being or will be acquired, shipped, transferred, or re-exported, directly or indirectly, into any country prohibited by the Act and the regulations thereunder, nor will be used for any purpose prohibited by the same.

12. MISCELLANEOUS.

Failure by either party to enforce any provision of this Agreement may not be deemed a waiver of future enforcement of that or any other provision. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions nevertheless continue in full force and effect. This Agreement constitutes the entire agreement between you and TelTel with respect to its subject matter and may only be modified by a writing executed by an officer of TelTel.

13. US GOVERNMENT LICENSES.

The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause of DFARS 252.227-7013 or subparagraphs (c)(i) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-18 as applicable. You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce or other agency or authority of the United States or other applicable countries, and not to transfer, or authorize the transfer, of the Software other than as expressly permitted by such restrictions and regulations.

14. FREE USAGE.

Free usage is limited to individual users for non-commercial purposes. An individual user is defined as one(1) natural person with one(1) TelTel ID that acts as an user agent (UA) according to SIP rfc.3261 definition. For definition of non-commercial purposes, please refer to section 15, Commercial Usage.

15. COMMERCIAL USAGE.

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of TelTel network, use of TelTel network, or access to TelTel network, including but not limited to client, server, services, third-party clients against TelTel service, and/or any end point devices or services without obtaining prior written approval from TelTel. Usage over 10,000 minutes per month (including both receiving calls and calling out) is defined as commercial usage. Definitions of non-commercial/commercial usage are at TelTel's discretion.

16. GENERAL PROVISIONS.

TelTel reserves the rights to modify this Agreement at any time by providing such revised Agreement to you or posting the revised Agreement at TelTel web site www.teltel.com. Your continued use of the Products shall constitute your acceptance of such revised Agreement.

You expressly acknowledge that you have read this Agreement and understood the rights, obligations, terms and conditions contained herein. By continuing to install and use the Software, you expressly consent to be bound by the terms and conditions of this Agreement.