Vidicode software Terms of Use

• Vidicode software should not be used to record telephone conversations unless at least one of the speakers is aware that the conversation is being recorded.

• The business user should make sure he knows the law on privacy matters, and is responsible for the lawful use of the Software. In case of doubt, contact the appropriate authorities in your region.

• Both manufacturer and retailer do not accept liability for the use,
misuse or loss of data and possible consequences for the user.

Acceptance of Terms of Use

THIS AGREEMENT EXPRESSES THE TERMS AND CONDITIONS ON WHICH YOU MAY USE THIS SOFTWARE PROGRAM AND ASSOCIATED DOCUMENTATION THAT VIDICODE (hereinafter referred to as "THE SELLER") MAKING AVAILABLE TO YOU WITH THIS AGREEMENT (COLLECTIVELY, THE "SOFTWARE"). PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AND YOUR COMPANY (COLLECTIVELY, "YOU") ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE. VARIOUS COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS PROTECT THE SOFTWARE. THIS AGREEMENT IS A LICENSE AGREEMENT THAT GIVES YOU LIMITED RIGHTS TO USE THE SOFTWARE AND NOT AN AGREEMENT FOR SALE OR FOR TRANSFER OF TITLE. THE SELLER RETAINS ALL RIGHTS NOT EXPRESSLY GRANTED BY THIS AGREEMENT.

License Grant

Upon the terms and conditions of this Agreement, the Seller grants you a nonexclusive license to use the Software on one computer server and one domain or subdomain and only for purposes of operating a collaboration service.

Modifications

Error Corrections and Updates. The Seller will provide you with error corrections, bug fixes, patches or other updates to the Software licensed hereunder in accordance with the Seller's release schedule until termination of this Agreement in accordance with the terms and on the conditions set forth in this Agreement.
Other Modifications. You may, from time to time, request that The Seller incorporate certain features, enhancements or modifications into the Software. The Seller may, in its sole discretion, undertake to incorporate such changes and distribute the Software so modified to all or any of Seller's customers.
Title to Modifications. All such error corrections, bug fixes, patches, updates or other modifications shall be the sole property of The Seller.

Property rights and Restrictions

Ownership. The Software and all modifications or enhancements to, or derivative works based on the Software, whether created by The Seller or you, and all copyrights, patents, trade secrets, trademarks and other intellectual property rights protecting or pertaining to any aspect of the Software or any such modification, enhancement or derivative work are and shall remain the sole and exclusive property of The Seller. This Agreement does not convey title or ownership to you but instead gives you only the limited rights set forth in this Agreement.

Limited Rights. Pursuant to this Agreement, you may: a) use the Software on one website only, for purposes of running one collaboration service only; b) modify the Software and/or merge it into another program; c) transfer the Software and license to another party if the other party agrees to accept the terms and conditions of this Agreement.
Except as expressly set forth in this Agreement, you have no right to use, make, sublicense, modify, transfer or copy either the original or any copies of the Software or to permit anyone else to do so. You may not allow any third party to have access to the source code of the Software. It is illegal to copy the Software and install that single program for simultaneous use on multiple machines or multiple domain or subdomain names.

Proprietary Notices. You may not remove, disable, modify, or tamper with any copyright, trademark or other proprietary notices and legends contained within the code of the Software.

Confidentiality. The Software and the templates contain valuable trade secrets and proprietary information belonging to the Seller. You must keep confidential and protect from unauthorized disclosure all such program code, all templates and all information that the Seller expressly designates as confidential or that you reasonably should understand to be confidential or proprietary.

Installation Tracking. The Seller keeps the right to embed a tracking program code, that establishes connection with an internet server, for the purpose of detecting illegal Software installations.

Warranties, Disclaimers and Exclusive Remedies

Seller warrants that the Software, when properly installed, will substantially operate as described in the applicable program documentation for 1 year after you download/copy it to install on your server or order the Software installation service. This Software is provided "as is" and these warranties do not guarantee that the Software will perform error-free or uninterrupted, or that all errors in the Software and documentation will be corrected. These warranties are exclusive and take the place of all other express or implied warranties or conditions including warranties or conditions of merchantability, satisfactory quality, and fitness for a particular purpose.
This Agreement does not obligate The Seller to perform the installation of any corrections, bug fixes, patches or other updates to the Software licensed hereunder that is installed on your server or the Software itself .
If The Seller cannot substantially correct a breach of these warranties, in a commercially reasonable manner, you may end your program license and recover the license fees or technical support fees paid to The Seller under this license agreement, as applicable. This is your exclusive remedy.

Limitaton of Liability

Neither party shall be liable for any indirect, incidental, special, punitive, or consequential damages, or any loss of profits, revenue, data, or data use. Our maximum liability for any damages whether in contract or tort will not exceed the fees which you have paid to us or are payable to us for this order, and if such damages result from your use of the Software or technical support, the liability shall be limited to the fees paid or payable for the Software or technical support.

Term

The license is effective until terminated. You may terminate it at any other time by deleting the Software together with all copies, modifications and merged portions in any form. It will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. You agree upon such termination to delete the Software together with all copies, modifications and merged portions in any form.