End user agreement for VZO Mobile Video Phone
END-USER LICENSE AGREEMENT FOR
VZOCHAT MOBILE SOFTWARE
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and VideoPort LLC ("VIDEOPORT") for the software that accompanies this EULA, which includes associated media ("Software").
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE;
1. GRANT OF LICENSE. VIDEOPORT grants you the following rights provided that you comply with all terms and conditions of this EULA:
1.1 Installation and use.
o You may install and use a copy of the Software on a personal computer or other device;
o You may make copies of the Software, install and use them on any number of personal computers;
o You may not sell or license copies of the Software by themselves or as part of any collection, product or service if the primary value of the product or service is in the Software.
o You may not grant customers of your product or service any rights to license or distribute the Software.
o You must indemnify and defend VIDEOPORT from and against any claims or lawsuits, including attorneys' fees that arise from or result from the licensing, use or distribution of the Software.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. You may not use any VIDEOPORT Internet-based services associated with the Software in any manner that could damage, disable, overburden, or impair such services or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any service, account, computer systems or networks associated with the Internet-based services.
3. RESERVATION OF RIGHTS AND OWNERSHIP. VIDEOPORT reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. VIDEOPORT or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. This EULA does not grant you any rights to trademarks or service marks of VIDEOPORT.
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial services with the Software.
6. CONSENT TO USE OF DATA. You agree that VIDEOPORT and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. VIDEOPORT may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
7. LINKS TO THIRD PARTY SITES. VIDEOPORT is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. VIDEOPORT is providing these links and access to third-party sites and services to you only as a convenience, and the inclusion of any link or access does not imply an endorsement by VIDEOPORT of the third-party site or service.
8. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that VIDEOPORT may provide to you or make available to you after the date you obtain your initial copy of the Software, unless they are accompanied by separate terms. VIDEOPORT reserves the right to discontinue Internet-based services provided to you or made available to you through the use of the Software.
9. UPGRADES. To use Software identified as an upgrade, you must first be licensed for the software identified by VIDEOPORT as eligible for the upgrade. After installing the upgrade, you may no longer use the original software that formed the basis for your upgrade eligibility, except as part of the upgraded software.
10. SEPARATION OF COMPONENTS. The Software is licensed as a single product. Its component parts may not be separated for use on more than one device.
11 TERMINATION. Without prejudice to any other rights, VIDEOPORT 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 and all of its component parts.
12. "AS-IS" WARRANTY & DISCLAIMERS
a. "AS-IS" Warranty. VIDEOPORT provides the Software to you AS IS and without a warranty of any kind. . VIDEOPORT does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free.
b. Limitations on Warranties. The express warranty set forth in this Article 4 is the only warranty given by VIDEOPORT with respect to the Software furnished hereunder; VIDEOPORT and its licensors make no other warranties, express, implied or arising by custom or trade usage, and specifically disclaim the warranties of merchantability and fitness for a particular purpose.
c. Limitations on Liability. The Software has been provided to you at no charge. In no event shall VIDEOPORT or its licensors be liable for special, indirect, incidental or consequential damages (including without limitation damages resulting from loss of use, loss of data, loss of profits or loss of business) arising out of or in connection with the use of or inability to use the Software furnished hereunder, even if VIDEOPORT or its licensors have been advised of the possibility of such damages.
13. European Software Directive. If the provisions of the Council of European Communities Directive of May 14, 1991 on the Legal Protection of Computer Programs as implemented in applicable national legislation (the "Software Directive") apply to your use of the Software, and you wish to obtain the information necessary to achieve interoperability of an independently created computer program with the Software as permitted under Article 6 of the Software Directive ("Interoperability Information"), you must notify VIDEOPORT in writing, specifying the nature of the Interoperability Information you need and the purpose for which it will be used. If VIDEOPORT reasonably determines that you are entitled to such Interoperability Information under the Software Directive, VIDEOPORT shall, at its option, either (i) provide such Interoperability Information to you, or (ii) allow you to reverse engineer the Software, within the limits and for the purposes prescribed by the Software Directive, solely to the extent indispensable to obtain such Interoperability Information. If VIDEOPORT elects clause (i), you will provide any information and assistance reasonably requested by VIDEOPORT to enable VIDEOPORT to perform clause (i), and VIDEOPORT may charge you a reasonable fee for making available the requested Interoperability Information, unless such a fee is prohibited under the Software Directive.
15. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and VIDEOPORT relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any VIDEOPORT policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.