Effective on Jan 01 2009.
PLEASE READ CAREFULLY
Before reading the articles below, please take good notice of the following preliminary terms, which terms make use of some of the definitions as specified in Article 1 below: Entering into this Agreement: This End User License Agreement constitutes a valid and binding agreement between TeleMoip and You, as a user, for the use of the ITSP Software. You agree that you have accepted this agreement if you purchase, install and use the ITSP Software. Furthermore, by purchasing, installing and (continuously) using the ITSP Software You agree to be bound by the terms of this Agreement and any new versions hereof. Electronic Signatures and Agreement(s): You acknowledge and agree that by clicking on the (Order, Register, Buy, Sign up, Accept or Purchase) button or similar buttons or links as may be designated by TeleMoip to show Your purchasing approval of any foregoing texts and/or to download and install the ITSP Software, You are entering into a legal binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the TeleMoip website. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
Article 1. Definitions
In this Agreement the following capitalized definitions are being used, singular as well as plural.
1.1 Affiliate: any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, TeleMoip. 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.
1.2 Agreement: this End User License Agreement, as may be renewed, modified and/or amended from time to time.
1.3 ITSP Software: Software produced and provided by TeleMoip Software in telemoip.com.
1.4 Documentation: any online or otherwise enclosed documentation provided by TeleMoip
1.5 Effective Date: the date on which this Agreement is entered into by clicking on the (Order, Register, Buy, Sign up, Accept or Purchase) button as stated above or by downloading, installing and (continuously) using the ITSP Software.
1.6 IP Rights: 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 ITSP Software, the Documentation, the TeleMoip Website or the TeleMoip Promotional Materials
1.7 TeleMoip: An online Business under the name Telemoip.com
1.8 TeleMoip Promotional Materials: any and all names, signs, logos, banners and any other materials, in whatever form, owned and/or used by TeleMoip for the promotion of its company, its products and activities.
1.9 TeleMoip Staff: the officers, directors, employees and agents of TeleMoip or its Affiliates, or any other persons hired by TeleMoip or its Affiliates in relation with the execution of this Agreement.
1.10 TeleMoip Website: any and all elements and contents of the website available published by TeleMoip.
1.11 UI: the user interface of the ITSP Software.
1.12 You: you, the end user of the ITSP Software, also used in the form "Your" where applicable.
- Article 2. License and Restrictions 2.1 License. Subject to the terms of this Agreement, TeleMoip hereby grants You a limited, non-exclusive, non-sub licensable, non-assignable, license to download, install and use the ITSP Software up on purchases. 2.2 No Granting of Rights to Third Parties. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the ITSP Software. 2.3 No Modifications. You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the ITSP Software 2.4 Third Parties. You acknowledge and agree that the ITSP Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. TeleMoip emphasizes that it will only incorporate such third party software or technology for the purpose of (a) adding new or additional functionality or (b) improving the technical performance of the ITSP Software. Any such third party software or technology that is incorporated in the ITSP Software falls under the scope of this Agreement. Any and all other third party software or technology that may be distributed together with the ITSP Software will be subject to you explicitly accepting a license agreement with that third party. You acknowledge and agree that you will not enter into a contractual relationship with TeleMoip or its Affiliates regarding such third party software or technology and you will look solely to the applicable third party and not to TeleMoip or its Affiliates to enforce any of your rights 2.5 New Versions of the ITSP Software. TeleMoip, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the ITSP Software. You acknowledge and agree that TeleMoip has no obligation to make available to You any subsequent versions of the ITSP Software. You also agree that you may have to enter into a renewed version of this Agreement, in the event you want to download, install or use a new version of the ITSP Software. Furthermore, you acknowledge and agree that TeleMoip, in its sole discretion, may modify or discontinue or suspend Your ability to use any version of the ITSP Software, or terminate any license hereunder, at any time. TeleMoip also may suspend or terminate any license hereunder and disable any ITSP Software You may already have accessed or installed without prior notice at any time
- Article 3. Exceptions to License Restrictions 3.1 Redistribution. You are not allowed to redistribute the TeleMoip Software, unless You have agreed to and meet with the Distribution Terms that are published on the TeleMoip Website. 3.2 API. You are not allowed to use or modify the API, unless You agree to and meet with the following subsequent terms: • 3.2.1 You may only make use of the ITSP (a) for any legitimate purposes and (b) provided that You will not remove it's name, overtake it, hide it or otherwise make re-brand it. • 3.2.2 You acknowledge and agree that Your use of ITSP will be at Your own risk and account. 3.3 You acknowledge and agree that any IP Rights arising directly from the ITSP are the exclusive ownership of TeleMoip or its licensors without any compensation to You. 3.4 Any other Exceptions. If You are interested in doing anything else than permitted under this Agreement or by the Distribution Terms, the ITSP Terms or the TeleMoip Promotional Materials Terms, You will have to obtain TeleMoip's written consent and agree on any further (commercial) terms.