End User License Agreement for TEOCO Corporation SmartCX Mobile software.
[THIS IS THE END-USER LICENSE AGREEMENT FOR TEOCO CORPORATION’s SmartCX MOBILE SOFTWARE. IMPORTANT, PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: Any questions, complaints or claims with respect to the SOFTWARE PRODUCT should be directed to TEOCO Corporation at address: 12150 Monument Drive, Suite 400, Fairfax, VA 2203383, Telephone: +1-703–322-9200 or contact email address: insync_support@teoco.com.]
This End-User License Agreement (hereinafter referred to as “EULA”) is a legal agreement between you (either an individual or a single entity) (hereinafter referred to as “you”) and TEOCO Corporation and any of its affiliates (“Licensor”), for the Licensor’s software product(s) identified above which may include associated software components, media, printed materials, and “online” or electronic documentation (hereinafter referred to as “SOFTWARE PRODUCT”).
By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Licensor, and it supersedes any prior proposal, representation, or understanding between the parties.
If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use:
Licensor grants you the right to install and use copies of the SOFTWARE PRODUCT on your computer, smartphone or tablet running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed [e.g., iOS, Android or Windows mobile].
(b) Backup Copies:
You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
(b) Distribution
You may not distribute registered copies of the SOFTWARE PRODUCT to third parties. Evaluation versions available for download from Licensor’s websites may be freely distributed.
(c) Prohibition on Reverse Engineering, De-compilation, and Disassembly
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(d) Rental:
You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services
Licensor may provide you with support services related to the SOFTWARE PRODUCT (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws:
(i) You must represent and warrant that
1. You are not located in a country that is subject to the U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
2. You are not listed on any U.S. Government list of prohibited or restricted parties.
(ii) You will comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
3. CONSENT TO USE DATA
You hereby consents to the collection, storage, analyze, use and transfer of any/all data as described herein. You understand that Licensor and its subsidiaries and/or representatives hold information about You, including but not limited to technical data about your device, technical data about the performance and usage of your device, your location as gathered periodically or based on your service usage, (“Data”), and to the extent that you have any ownership or other interests in the Data, you hereby grant to Licensor, its subsidiaries and/or representatives, a non-exclusive, perpetual, worldwide, royalty free, and irrevocable license to use, process, manipulate and/or modify, copy, perform, compile and create derivative works from the Data, including using the Data for the business purposes. You further understand and agree that the Licensor and its subsidiaries and/or representatives will transfer Data among themselves as necessary for the purposes of implementation, administration and management and that the Licensor and any of its subsidiaries may each further transfer Data to any third parties assisting the Licensor in the implementation, administration and management of the Licensed Application. Licensor may gather and use this information in the form that that cannot be used to personally identify you to any third party.
The Licensor and each of its subsidiaries have complied, and are presently in compliance, with the privacy and security policies and with all obligations under applicable laws and regulations regarding the collection, use, transfer, storage, protection, disposal or disclosure of personally identifiable information or any other legally protected information collected from or provided by third parties. The Licensor and its subsidiaries have taken commercially reasonable steps to protect the personally identified data used in connection with the operation of the business of the Licensor or its subsidiaries, including the confidentiality of such data.
4. TERMINATION
Without prejudice to any other rights, Licensor may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.
5. COPYRIGHT
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Licensor or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Licensor.
6. NO WARRANTIES
Licensor expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. Licensor does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. Licensor makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Licensor further expressly disclaims any warranty or representation to you or to any third party.
7. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall Licensor be liable for any personal injury, or any incidental, special or indirect or consequential damages (including, without limitation, lost profits, business interruption, lost information, or any other commercial damages or losses) arising out of or related to your use of or inability to use the SOFTWARE PRODUCT, even if Licensor has been advised of the possibility of such damages. In no event will Licensor be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Licensor shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, and loss of privacy, moral rights or the disclosure of confidential information.
8.Privacy Policy
Licensor has developed this Privacy Policy to help you understand how we collect, use and protect the information. We encourage you to read this Privacy Policy carefully so that you can make informed decisions about your use of our SOFTWARE PRODUCT.
By installing and using our SOFTWARE PRODUCT, you agree to this privacy policy and give an explicit and informed consent to the process.
(a) Non-personal data
Non-personal data means information that, by itself, does not personally identify you.
We may collect non-personal data such as your hardware model, operating system version, country code, technical data about your device, technical data about the performance and usage of your device, your location as gathered periodically or based on your service usage and other properties for purposes of managing the SOFTWARE PRODUCT and communicating with you.
(b) Personal data
Personal data means personally identifiable information that specifically identifies you as an individual (e.g. your name, email address.
Currently we do not collect personal data in the SOFTWARE PRODUCT except mentioned herein. Should we decide to collect and store personal data, your consent will be required.
We might use your personal data only for providing you with informative content about the SOFTWARE PRODUCT, such as new features, services, special offers, order issues and updated information.
(c) Disclosure and transfer of personal data
We disclose information to respond to subpoenas, court orders and other legal processes as well as to establish/exercise our legal rights or defend against legal claims.
We will share personal and non-personal data in order to investigate, prevent or take action against illegal activities, suspected fraud, potential threats to the physical safety of any person, violations of our terms of use or as otherwise required by law.
(d) Collection of data
In the background and when you open the application, the SOFTWARE PRODUCT collects data relating to your network experience such as device make and model, operating system version, network provider, access technology such as 3G 4G, 5G or Wifi, device location, signal strength, network performance, voice call events and connection state. Your device is uniquely referenced by a randomly generated identifier created by the SOFTWARE PRODUCT at installation and is not traceable back to you as an individual. The SOFTWARE PRODUCT does NOT collect any personal information such as numbers called, numbers calling you, message contents or websites visited. The SOFTWARE PRODUCT does not access any of the photos, videos, emails or any other personal data stored on your device.
(e) Use of data collected
All data collected by the SOFTWARE PRODUCT is anonymous and solely used to report and provide information relating to network performance to our customers, who are typically involved in delivery of mobile services such as network providers, service providers and regulators. Your device location is collected periodically to enable our customers to identify where network performance issues occurred and on which network equipment. Our customers use the provided information to confirm the quality of service being provided and help understand how they may improve the service. Any subjective feedback provided via the SOFTWARE PRODUCT cannot be traced to you and is only used to provide our customers with an anonymized view of your network experience.