WeSIP
The OpenSER converged Application Server
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Terms & Conditions
VOZTELECOM SISTEMAS, S.L. NON COMMERCIAL SOFTWARE LICENSE AGREEMENT VOZTELECOM SISTEMAS, S.L. ("VOZTELECOM") IS WILLING TO LICENSE THE SOFTWARE IDENTIFIED BELOW TO YOU (“LICENSEE”) ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS SOFTWARE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU ACCEPT THE TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE "I AGREE" BUTTON AT THE BOTTOM OF THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE TERMS, SELECT THE "I DON’T AGREE" BUTTON AT THE BOTTOM OF THE AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT CONTINUE. 1.DEFINITIONS. "Software" means the program WeSIP (SIP and HTTP Converged Application Server built on top of OpenSER) and any other machine readable materials (including, but not limited to, libraries, source files, header files, and data files), any updates or error corrections provided by VOZTELECOM, and any user manuals, programming guides and other documentation provided to Licensee by VOZTELECOM under this Agreement. 2.LICENSE TO USE. Subject to the terms and conditions of this Agreement, VOZTELECOM grants the Licensee a non-commercial, non-exclusive, non-transferable, non-sub licensable, limited license without license fees to use internally complete and unmodified Software exclusively on OpenSER. No rights to transform, to develop, to carry out derivative works, to license and/or to distribute this Software is granted under this license. To the effects of this License Agreement, it is expressly permitted to the Licensee the use of WeSIP for the development of software applications, the rendering of services, or for educational purposes, provided in all cases that such use is non-commercial and without purpose of profit. Therefore any commercial exploitation of the Software licensed with purpose of profit is expressly prohibited and shall be prosecuted. 3.RESTRICTIONS. Software is copyrighted. Title to Software and all associated intellectual and/or industrial property rights (including patents and patents pending) is retained by VOZTELECOM and/or its licensors. The Licensee may not directly or indirectly, disassemble, decrypt, electronically scan, decompile or derive source code from software, peel semiconductor components, or otherwise attempt to reverse engineer the design and function of the Software. DISCLAIMER OF WARRANTY. THIS SOFTWARE IS NOT ERROR FREE. LICENSEE HEREBY ACKNOWLEDGES AND AGREES THAT THE SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND ACCEPTS THAT THERE MAY BE REMAINING "BUGS" IN THE SOFTWARE. THIS SOFTWARE MAY NOT MATCH OR COVER LICENSEE’S NEEDS. FUNCTIONALLITY AND DESCRIPTION OF WESIP IS PROVIDED AT www.wesip.eu. UNLESS SPECIFIED IN THIS AGREEMENT, LICENSOR (INCLUDING FOR PURPOSES OF THIS ENTIRE PARAGRAPH ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS) MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THE QUALITY OR PERFORMANCE OF THE SOFTWARE. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. VOZTELECOM SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. 4.LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL VOZTELECOM OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE. In no event will VOZTELECOM's liability to the Licensee, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by the Licensee for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. 5.LICENSEE’S BACK-UP. LICENSEE UNDERTAKES TO DILIGENTLY AND PERIODICALLY CARRY OUT BACK-UP’S OF HIS/HER/ITS INFORMATION STORED IN HIS/HER/ITS INFORMATION SYSTEMS. FAILURE TO COMPLY WITH THIS UNDERTAKING SHALL BE SOLE LICENSEE’S LIABILITY. LICENSOR SHALL NOT BE RESPONSIBLE FOR THE LICENSEE’S LACK OF DILIGENCE REGARDING BACK-UP UNDERTAKING. 6.TERMINATION. This Agreement is effective until terminated. Licensee may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from VOZTELECOM if Licensee fails to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon Termination, Licensee must destroy all copies of Software. 7.TRADEMARKS AND LOGOS. Licensee hereby acknowledges and agrees as between Licensee and VOZTELECOM that VOZTELECOM owns and retains all title to the VOZTELECOM and WeSIP trademarks and all VOZTELECOM and WeSIP related trademarks, service marks, logos and other brand designations ("VOZTELECOM Marks"). Any use Licensee makes of the VOZTELECOM Marks inures to VOZTELECOM's benefit. No right, title or interest in or to any trademark, service mark, logo or trade name of VOZTELECOM or its licensors is granted under this Agreement. 8.GOVERNING LAW. This Agreement shall be governed by and construed under the laws of Spain. The Courts of the city of Barcelona, (Spain) shall held exclusive jurisdiction to resolve any dispute or controversy arising in connection with this Agreement. Licensee expressly reject his/her/its own forum by means of using the Software. 9.WAIVER. The failure of VOZTELECOM to exercise or enforce any right or provision of this Software License shall not constitute a waiver of such right or provision, unless expressly set forth in writing by VOZTELECOM. 10.SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate. 11. INTEGRATION. This Agreement is the entire agreement between Licensee and VOZTELECOM relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
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