EnglishEND USER LICENSE AGREEMENT
Thank you for choosing our IntelCall product. This license is the legal agreement (Agreement) between you, the customer who has acquired the IntelCall application (“You”) and IntelCall LLC (“IntelCall”). Please read this agreement carefully. IntelCall is only willing to provide IntelCall to you on the condition that you accept all of the terms contain in this Agreement. You accept all of the terms by installing or using IntelCall. If you did not acquire IntelCall from IntelCall, or an authorized IntelCall distributor, then you may not enter into this Agreement or use IntelCall. No other party has the right to transfer a copy of IntelCall to you. If you are unwilling to accept this Agreement, do not use IntelCall. If you have already paid for IntelCall with having a prior opportunity to review this Agreement, and are now unwilling to agree to these terms, you may, within thirty (30) days after the date on which you acquired IntelCall, return it to IntelCall, or the authorized distributor from whom you acquired it, along with its original packaging and proof-of-purchase, for a full refund.
1. OWNERSHIP
IntelCall is licensed. It is not sold, even if for convenience we make reference to words such as “sale” or “purchase.” IntelCall is protected by copyrights and other intellectual property rights. You agree that all worldwide copyright and other intellectual property rights in IntelCall and all copies of IntelCall, however made, are the exclusive property of IntelCall. All rights in IntelCall not expressly granted to you in this Agreement are reserved by IntelCall. There are no implied licenses under this Agreement.
2. GRANT OF LICENSE
This agreement grants you the limited nonexclusive right to install and use IntelCall for its designed purposes.
3. OTHER RIGHTS AND LIMITATIONS
Limitations on Reverse Engineering, Decompilation, and Disassembly – You may not reverse engineer, decompile, or disassemble the IntelCall application, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Separation of Components – the IntelCall application is licensed as a single product. Its component parts may not be separated for use on more than one device. Rental – You may not rent or lease IntelCall the application. Software Transfer – You may permanently transfer all of your rights under this Agreement, provided you retain no copies, you transfer all of IntelCall (including all component parts, the media and printed materials, any upgrades and this Agreement), and the recipient agrees to the terms of this Agreement. Termination – Without prejudice to any other rights, IntelCall may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of IntelCall and all of its component parts.
4. NO EMERGENCY CALLS
An emergency call is one of the most important calls you will ever make. We care about your safety and want to provide you with information about emergency services. IntelCall is a piece of software that enables specific methods of communications, it is not intended to support any emergency calls to hospitals, law enforcement agencies, medical care units or any type of emergency services of any kind. IntelCall is not a traditional telephone service or a replacement for your primary telephone service (landline or mobile phone). In particular, IntelCall does not allow you to make emergency calls to emergency services. You must make alternative communications arrangements to ensure that you can make emergency calls if needed.
5. REFUNDS
You may request a refund for unused credits by submitting a written request in English to IntelCall’s customer services at [email protected] within 30 days of the original payment. Refund request submitted through other means shall not be eligible for the refund. IntelCall reserves the right to deny repetitive refund requests and to refuse a refund request if it reasonably believes (i) that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same product; (ii) if you are in breach of these Terms or (iii) if IntelCall reasonably suspects that you are using our Products or Software fraudulently or that your User Account is being used by a third party fraudulently.
If you believe that IntelCall has charged you in error, you must contact IntelCall within 30 days of such charge by submitting a written request in English to IntelCall’s customer services at [email protected]. Refund request submitted through other means shall not be eligible for the refund. No refunds will be given for any charges more than 90 days old.
6. EXPIRATION OF CREDITS
A credit balance for the IntelCall services on an account expires 12 months after the last payment. Credit balances that are not used within the said 12 month period will expire and be lost.
7. EXPORT RESTRICTIONS
The Software may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the Software as well as end-user, end-use, destination restrictions issued by national governments or similar bodies, and restrictions on embargoed nations. In the US the Internet Communications Software is controlled under ECCN 5D992 of the Export Administration Regulations (“EAR”) under Encryption Registration Number (“ERN”) R103644 and thus may not be exported or re exported from the US to or downloaded by any person in any countries controlled for anti terrorism reasons under the EAR. Moreover, the Internet Communications Software may not be exported or re-exported from the US to or downloaded by any person or entity subject to US sanctions regardless of location. IntelCall is making the application available to you for download only on the condition that you certify that you are not such a person or entity and that the download is not otherwise in violation of US export control and sanctions regulations.
8. INFORMATION RETENTION AND DISPOSAL
IntelCall is not responsible for retention of any of the information required for the use of the IntelCall application and is under no obligation to retain such information. It may dispose of the information as IntelCall deems appropriate and has no legal responsibilities thereunder. You waive all claims against IntelCall regarding data or information retention and disposal.
9. DISCLAIMER OF ALL WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE IntelCall WEBSITE, THE IntelCall APPLICATION AND ALL INFORMATION, INCLUDING ANY THIRD-PARTY INFORMATION, ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OF THE INFORMATION, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR OF THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE IntelCall SERVICES OR INFORMATION. YOU UNDERSTAND THAT THE SERVICES AND PRICES AND FEES OF IntelCall ARE SUBJECT TO CHANGE WITHOUT NOTICE.
10. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
In no event shall IntelCall be liable for any damages whatsoever (including but not limited to damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) which results from the use or inability to use IntelCall, the IntelCall website or any other IntelCall application, even if IntelCall has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, the above limitations may not apply to you.
11. GOVERNING LAWS
The laws of the State of Texas, excluding its conflicts of law rules, govern this license and your use of the IntelCall products and website. You expressly agree that the courts in the State of Texas, Harris County have exclusive jurisdiction over any claim or dispute with IntelCall or relating in any way to your use of the application or service.
12. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL IntelCall, ITS AFFILIATES, PARTNERS OR PROVIDERS BE LIABLE FOR PERSONAL OR PROPERTY 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 LICENSED IntelCall PRODUCT(S) OR THE IntelCall WEBSITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF IntelCall HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. GENERAL PROVISIONS
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer except to the extent permitted by applicable consumer laws. This Agreement may only be modified by a writing signed by an authorized officer of IntelCall. Updates may be licensed to you by IntelCall with additional or different terms. This is the entire agreement between IntelCall and you relating to IntelCall products and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to IntelCall or any IntelCall product.
Should you have any questions concerning this Agreement or if you desire to contact IntelCall LLC for any reason, please email IntelCall LLC, at [email protected].
