Vphonet 1.08-11

EULA - End User License Agreement

Vphonet License Agreement
1.The Agreement.
This License Agreement is between you (the user) and IMSeD GmbH This agreement applies to the usage of the Vphonet software and of any and all services that can be accessed, reached, activated, or otherwise used by you by using Vphonet. Vphonet provides communication, including, but not limited to, Voice over IP (henceforth VoIP). All services, software, hardware, information, content, support, updates and upgrades. All aforementioned are collectively referred to as services in terms of this document.
Please note that this agreement limits are liability, and that we provide no warranty for our service unless specified otherwise. This agreement also limits your remedies. The relevant terms are discussed in detail in pp. 9, 10 and 11. We recommend that you read these agreements thoroughly.
2. Changes and Updates to This Agreement.
Please note that we may alter the terms of this agreement at any time and without prior notice. You are advised to check with our Internet site www.Vphonet.com periodically for the newest version of this agreement. All changes to this agreement become effective at the moment they were published. If you do not agree to the license agreement, you must discontinue your use of Vphonet immediately. If you continue using Vphonet, you usage of Vphonet will from that moment be subject to the new agreement.
3. Accessing and Using the Service.
You are solely responsible for all operations performed under your account or credentials. You must inform Vphonet Customer Service immediately of any unsolicited activity performed under your account or credentials or any other security problem that may be present in Vphonet.
Never provide your Vphonet username or password to any third party. You must not provide any third party details which will allow them to identify as you. You may not use any software, hardware or service that decrease the amount of users who connect directly to Vphonet services (software, hardware or service such as multiplexing or pooling).
You only may use Vphonet software to connect to Vphonet services.
4. Limitations of Use.
The privacy, security and protection of our services and users are of high value to us. You may not use Vphonet or any Vphonet service in any way that may cause harm to the Vphonet system, any of our users or customers, IMSeD GmbH, or any affiliated companies. The following are examples of harmful activities which are prohibited:
Accessing or attempting to access any computer, network, software, or service affiliated with Vphonet or the Vphonet service, without prior approval.
Disturbing or attempting to disturb the correct work of any computer, network, software, or service affiliated with Vphonet or any of the Vphonet services.
Accessing the Vphonet services in order to gather information with intention to use this information to be used for the development of designing, development, or updating unsolicited software which you use, or allow others to use, to use or access Vphonet or any of the Vphonet services.
Charging others for the use or access of Vphonet or any of the Vphonet services.
You may not use Vphonet or any of the Vphonet services in an illegal or criminal way. You may not use Vphonet or any of the Vphonet services to send, receive, or publish inappropriate materials or any materials that interfere with intellectual property rights of Vphonet or others.
The following are examples of contents, messages and actions which are prohibited:
Using the Vphonet service to participate in any chain, pyramid, or similar distribution or marketing.
Using the Vphonet service to send, whether directly or indirectly, large amounts of e-mails or other messages, or any other information, whether commercial or of other nature, that was not specifically requested by the recipients. Defamation, insult, threat, abuse, or any other violation of any legal rights.
Sending, publishing, or otherwise making available any material that constitutes intellectual property, unless you are the proprietor of said property or you have been granted the legal right to do so.
Sending, publishing, or encouraging others to otherwise acquire malicious software, including, but not limited to, viruses, Trojan horses, worms, defective files, or any similar software piece which might cause harm to a computer, operating system, information, or any others rights or property.
Accepting or acquiring any information, data or software that cannot be legally acquired in this manner.
Collecting or providing to any third party information, whether gratis or at charge, regarding (i) list of Vphonet service users, (ii) information about Vphonet service users, and (iii) information about usage of the Vphonet service.
Distortion or concealing of reference to author, reference to proprietor, legal notices, or other similar notices, or labels of origin, from any information, material, or software, in any oral, written, media, or other message that you are transferring.
Violating the customary code of behavior or any other regulation which may apply to usage of the Vphonet services.
Using Vphonet or any Vphonet service with the cause of gathering information about others, including, but not limited to, e-mail addresses, phone numbers, or Vphonet numbers.
5. Privacy
We consider all you usage of Vphonet and the Vphonet services private. We do not regularly monitor your communication or disclose any information about your communication to a third party. However, we may monitor your communication, and disclose this information, including the contents of your communication, without notice, on the following terms:
Such procedure is necessary to obey the law or comply with a juridical regulation.
Such procedure is made in order to verify your compliance with the terms of this agreement.
Such procedure is made to protect the rights, property, or the interests of IMSeD GmbH, its employees, customers, or the public.
Always exercise caution when disclosing any personal or identifying information on Vphonet or any of the Vphonet services.
6. Third-Party Content and Services.
LANS HK Company or third-party Companies may provide contents via Vphonet or the Vphonet services. IMSeD GmbH holds no responsibility regarding any content that any third party may provide within any Vphonet service. You may be connected to Internet services other than Vphonet services via links provided in contents you may have received from third parties via the Vphonet services. You are advised to use only services and software that were approved by software developer. Any links are provided for your convenience only. We have no control or responsibility over links provided by any third parties. You shall carry the sole responsibility for any and all contacts, connections or communications with any third party, including, but not limited to, supply of goods, services, or payments for such.
7. Software.
You usage of the Vphonet software, if provided to you, is governed by the terms of this agreement. Your only right on this software product is the right to use it accordingly to this agreement. IMSeD GmbH reserves all other rights to this software product. The owner of IMSeD GmbH remains the exclusive owner of the names, trademarks, copyrights, patents, and any other intellectual property of this software product.
Vphonet reserves the right to automatically check the version of the software installed on your computer. Vphonet may at its discretion load onto your computer upgrades, updates, newer versions, or improvements to this software program. Vphonet may discontinue support for outdated versions of the software. The developer may declare any version of Vphonet outdated without prior notice, provided that an updated version is reasonably available.
It is prohibited to disassemble, decompile, or otherwise reverse-engineer any software or hardware product which are part of the Vphonet product or service, unless said activity is expressly allowed by the applicable law.
This software is subject to local and international software import and export regulations. These regulations may imply limitations apply to destinations, end users, or the usage.
8. Performance and Usage Data.
The IMSeD GmbH may at its discretion automatically load from your computer usage and performance statistics with the purpose of evaluating the technical parameters of the Vphonet software and the provided services. No personally identifying information will be loaded from your computer. You may cancel your agreement to loading of usage data (opt out), but not to loading of performance data.
9. Vphonet Disclaims All Liabilities.
This software and the services are provided as is. The IMSeD GmbH disclaims all responsibility, whether direct, indirect, implied, or statutory, including, but not limited to, responsibility for merchantability or fitting for a particular purpose. Also, there is no warranty of non-infringement and title or quiet enjoyment. The IMSeD GmbH does not warrant that the software is error-free or will operate without interruption. IMSeD GmbH shall have no other responsibility or liability in regard to Vphonet or any of the Vphonet services.
10. Limitation of Liability and Your Sole Remedy.
Under no circumstance shall IMSeD GmbH be liable for any damages, including, but not limited to, any indirect, special, incidental, punitive, cover or consequential damages (including, but not limited to, damages for the inability to use equipment or access data, loss of business, loss of profits, business interruption or the like), arising out of the terms of this agreement, your use of, or inability to use, the software or any of the Vphonet services, even if IMSeD GmbH has been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose or is unenforceable. These limitations shall apply in all cases, disregarding whether the damages have occurred because of inability to abide by this contract or by any obligation, breach of contract or obligation, neglect, tort, or any other reason, provided that such limitation is not prohibited by the applicable law. If you are dissatisfied with the Vphonet product, any of the Vphonet services, or this agreement, your sole and exclusive remedy will constitute the immediate discontinuation of use of Vphonet and any Vphonet services.
11. Changes in Service and Other Liability Limitations.
IMSeD GmbH may change Vphonet software or any of the Vphonet services, alter services or features, or add or remove services or features, without prior notice. Without limitation to the general nature of paragraphs (9) and (10), IMSeD GmbH shall not be held responsible or liable for any content, including, but not limited to, any content that (i) violates any intellectual property rights, or other applicable law, or is rude, incorrect, offensive, indecent, defaming, or damaging, or (ii) any conduct, statement, or information by any third parties. Additionally, without limitation to the general nature of paragraphs (9) and (10), IMSeD GmbH shall not be held responsible or liable for any (i) viruses, Trojan horses, worms, defective files, or any similar software piece which might cause harm to a computer, operating system, information, or any others rights or property, or your ability to use Vphonet or any of the Vphonet services, (ii) compatibility with any other software, information, services, or data, (iii) any delay, inaccuracy, or failure in starting, committing, completing or receiving any transaction by Vphonet or any of the Vphonet services, (iv) any services or information provided by any third parties that are accessible via Vphonet or any of the Vphonet services. The limitations set forth in paragraphs (9), (10), and (11) are applicable to the maximum extent possible under the law and mean no revocation of any protection that the applicable law may enforce.
12. Customer Support.
Please check with the Help and Support section of the Vphonet software, the Vphonet services and the Vphonet internet site to learn about all help and assistance we may be providing to you (henceforth Support). Notwithstanding, unless you have a separate written agreement with Vphonet regulating Support, we may discontinue any and all Support at any time without prior notice.
Vphonet does explicitly disclaim support for any third-party software and service extensions. For support for any third-party product, address that third partys support, if provided.
13. Discontinuation of Service.
Unless you have a separate written agreement with IMSeD GmbH regulating Vphonet service, we may stop or cancel your subscription for any of the Vphonet services. IMSeD GmbH may do so without prior notice. When your subscription of the service is stopped or cancelled, your right to use that service expires immediately. Once your subscription to the service was stopped or canceled, it is not possible to recover any of your information, even if your subscription is later reinstated.
14. State and Court for Setting Legal Disputes.
This agreement will be governed by the laws of the state in which you have purchased this software or service. In case you have purchased this software or service via the Internet, this agreement will be governed by the laws of the state in which the holding company of the said Internet site is registered. All other legal disputes, including prosecutions for violations of consumer rights laws, unfair competition or business conduct, shall be governed by the laws of your domicile.
15. Interpretation of This Agreement.
All parts of this agreement apply to the maximum permissible extent under applicable law. If any provision of this agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible in closest interpretation to the original spirit of that provision. All remaining provisions of this agreement will remain in full force and effect.
This is the entire agreement between you and IMSeD GmbH This agreement abolishes all previous agreements between you and IMSeD GmbH, whether oral or written. If you have any confidentiality commitment towards IMSeD GmbH, these commitments shall remain firm and valid. The titles in this agreement imply no limitations on other terms in this agreement.
16. Endorsement.
IMSeD GmbH may, at its discretion, endorse this agreement, whether fully or partially, without prior notice. You may not endorse this agreement, or any part of it, to any third party. Any attempt on you behalf to do so will be invalid. Instead, you may discontinue your subscription to Vphonet software and all Vphonet services. The third party may then engage in a legal agreement with IMSeD GmbH.
17. Limitation of Filing Term for Legal Charges.
Any charges you may wish to file are to be filed within the period of one year. The period of one year begins at the moment that it was first possible to file such charge. If a charge is not filed within this period, this charge will expire. This limitation applies to you or anyone who may inherit your rights. This limitation also applies to IMSeD GmbH
18. Sending Messages to IMSeD GmbH
You may send us messages via e-mail. You must address these messages to accordingly to the information that appears in the contact us page of our Internet site or in the Vphonet support section of our Internet site.
19. Messages from IMSeD GmbH to You.
IMSeD GmbH may provide you with information regarding Vphonet product or any of the Vphonet services and promotions electronically. We may provide this information in the form e-mails to your e-mail account, in the form of instant messages to your customer account, instant messages to your Vphonet, or in the form of access to our Internet site. For as long as you continue to use Vphonet or any of the Vphonet services, you will have the ability to receive said messages. If you do not agree to receive messages in the electronic form, you must discontinue your use of Vphonet and any of the Vphonet services.
20. Intellectual Property Notifications.
The entire contents of the Vphonet Internet site, or all related or affiliated sites, are copyrighted by Vphonet , all rights reserved.
The Vphonet logo is a trademark of IMSeD GmbH Other product names or company name may be trademarked by their respective owners.
All names of companies, organizations, people, and events which appear as examples in this agreement are fictional. All resemblance to reality is unintended and incidental.
Vphonet may have patents, pending patents, trademarks, copyrights, or other intellectual property rights in regard to any material that may appear in Vphonet or in any of the Vphonet services. Unless you have been specifically granted with license to any of said intellectual property under this or any separate agreement, the providing of this information does not imply to grant you any rights in regard of any of said intellectual property. Ay rights that were not hereby expressly granted are reserved.
21. Informing and Charging Procedure in Regard to Breach of Intellectual Property, According to German law.