END USER License Agreement
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT, ACCESSING THE WEBSITE, OR USING THE PRODUCTS, SERVICES, OR ASSOCIATED SOFTWARE. BY CLICKING THE ACCEPTANCE BUTTON, USING OR INSTALLING THE SOFTWARE (AS DEFINED BELOW), YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES YOU DO NOT ACCEPT THE TERMS, AND DO NOT USE OR INSTALL THE SOFTWARE.
This Agreement sets forth the terms and conditions of your use of the accompanying TeleMeet software, website, products, and services (collectively, the “Software”). For the purposes of this Agreement, “you” means you, the end user, and “Licensor” means TeleMeet, Inc. and its subsidiaries and affiliates.
- System Requirements. Use of the Software requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Software involves hardware, software, and Internet access, your ability to access and use the Services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are solely your responsibility.
- License Grant. Licensor hereby grants to you a non-exclusive and non-transferable license to use the Software and related documentation (the “Documentation”) solely for the intended purposes of the Software as set forth in the Documentation, according to the provisions contained herein and subject to payment of applicable license fees. You are not permitted to lease, rent, distribute or sublicense the Software or any rights therein. You also may not install the Software on a network server, use the Software in a time-sharing arrangement or in any other unauthorized manner. Further, no license is granted to you in the human readable code of the Software (source code). Except as provided below, this Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in the Software and Documentation. This Agreement does not entitle you to receive any upgrades to or newer versions of this Software.
You agree that you have no right, power, or authority to make any modifications to or unauthorized copies of the Software. You must reproduce and include all copyright notices and any other proprietary rights notices appearing on the Software and Documentation on any copies that you make.
- No Assignment; No Transfer. You agree not to transfer or assign the Software and/or this Agreement to another party without the prior written consent of Licensor. If such consent is given and you transfer or assign the Software and/or this Agreement, then you must at the same time either transfer any copies of the Software and Documentation to the same party or destroy or return to Licensor any such materials not transferred. Except as set forth above, you may not transfer or assign the Software or rights under this Agreement.
- No Modification; No Reverse Engineering; Prohibited Uses. You agree not to modify, translate, reverse engineer, decompile, disassemble, or create derivative works of the Software or assist someone in performing such prohibited acts. Furthermore, you agree that you will not: (i) knowingly or negligently use the Software in a way that abuses, interferes with, or disrupts TeleMeet's networks, your accounts, or the Software; (ii) engage in activity that is illegal, fraudulent, false, or misleading; transmit through the Software any material that may infringe the intellectual property or other rights of third parties; (iii) build or benchmark a competitive product or service, or copy any features, functions or graphics of the Software; (iv) use the Software to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (v) upload or transmit any software, Content (as defined below) or code that does or is intended to harm, disable, destroy or adversely affect performance of the Software in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of TeleMeet or other users of Software; (vi) engage in any activity or use the Software or your account in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Software, or any servers or networks connected to the Software or TeleMeet's security systems; and, (vii) use the Software in violation of any TeleMeet policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings. You agree that you are solely responsible for compliance with all such laws and regulations.
- Import/Export Restrictions. You agree not to import or export the Software or any Documentation (or any copies thereof) or any products utilizing the Software or any Documentation in violation of any applicable laws or regulations of the United States or the country to which you have imported or exported. You agree to indemnify Licensor from liability if you violate any such laws or regulations.
- Title. You agree that Licensor owns and holds title to the Software and any Documentation and all subsequent copies thereof regardless of the form or media. Furthermore, title, ownership rights, and intellectual property rights in the Software and any Documentation shall remain with Licensor. The Software and any Documentation are protected by copyright and other intellectual property laws and by international treaties.
- Term and Termination. This license will continue from the date that you first use the Software if the license is not earlier terminated by you or Licensor. You may terminate this license at any time by ceasing to make payment to Licensor for use of the Software. Your license for the Software will also terminate immediately if you fail to comply with any term or condition of this Agreement. Upon such termination, you agree to cease using the the Software and Documentation. You agree that you will not be entitled to a refund of any applicable license fee upon early termination of this Agreement.
- Use of Software; Your Responsibilities. You may only use the Software pursuant to the terms of this Agreement. You are solely responsible for your use of the Software and shall abide by, and ensure compliance with, all Laws in connection with your use of the Software, including but not limited to Laws related to recording, intellectual property, privacy and export control. Use of the Software is void where prohibited.
- Registration Information.You may be required to provide information about yourself to register for and/or use the Software or certain aspects of the Software. You agree that any such information shall be accurate. You may also be asked to choose a username and password. You are entirely responsible for maintaining the security of your username and password and agree not to disclose such to any third party.
- Your Content.You agree that you are solely responsible for the content (“Content”) sent or transmitted by you or displayed or uploaded by you in using the Software and for compliance with all Laws pertaining to the Content, including, but not limited to, Laws requiring you to obtain the consent of a third party to use the Content and to provide appropriate notices of third-party rights. You represent and warrant that you have the right to upload the Content and that such use does not violate or infringe on any rights of any third party. Under no circumstances will TeleMeet be liable in any way for any (a) Content that is transmitted or viewed while using the Software, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred because of the use of, access to, or denial of access to Content. Although TeleMeet is not responsible for any Content, TeleMeet may delete any Content, at any time without notice to you, if TeleMeet becomes aware that it violates any provision of this Agreement, or any law. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Software. Recordings. You are responsible for compliance will all recording laws. The host can choose to record video and/or sound during meetings and webinars. By using the Software, you are giving TeleMeet consent to store recordings for any or all TeleMeet meetings or webinars that you join, if such recordings are stored in our systems. You will receive a notification (visual or otherwise) when recording is enabled. If you do not consent to being recorded, you can choose to leave the meeting or webinar.
- Eligibility; Intended Use; Restriction on use by Children.You affirm that you are at least 16 years of age and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. Your access may be terminated without warning if we believe that you are under the age of 16 or are otherwise ineligible. Furthermore, the Software is intended for business use. You may choose to use the Software for other purposes, subject to the terms and limitations of this Agreement
- Export Restrictions. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use.
- NO WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE SOFTWARE IS PROVIDED “AS IS” AND TELEMEET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TELEMEET MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SOFTWARE OR THAT THE SOFTWARE WILL MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SOFTWARE IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SOFTWARE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. TELEMEET DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. TELEMEET CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SOFTWARE. USE IS AT YOUR OWN RISK.
- Limitation of Remedies. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL LICENSOR, OR ITS SUPPLIERS OR RESELLERS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTIONS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE PROGRAMS (WHETHER OR NOT DUE TO ANY DEFECTS THEREIN). IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM LICENSOR'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. IN NO EVENT SHALL LICENSOR'S LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE SOFTWARE.
- Indemnification. You agree to defend, indemnify, and hold harmless Licensor, its suppliers and its resellers from and against liabilities, costs, damages and expenses (including settlement costs and reasonable attorneys' fees) arising from any claims from anybody that result from or relate to your use, reproduction or distribution of the Software, or your breach of any representation, warranty or obligation under this Agreement.
- Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions shall not in any way be affected or impaired.
- Entire Agreement. This Agreement is the complete and exclusive statement of the agreement between you and Licensor which supersedes all proposals or prior agreements, oral or written, and all other communications between you and Licensor relating to the subject matter of this agreement. This Agreement may only be modified by a written agreement signed by both you and an authorized representative of Licensor.
- Acknowledgement. By downloading, installing, or using any part of this Software, you indicate that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.
- Force Majeure. Licensor shall not be liable hereunder for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations or controls, casualty, government authority, strikes, or acts of God, in which event Licensor shall be excused from its obligations for the period of the delay and for a reasonable time thereafter.
- Governing Law. North Carolina law governs this Agreement and any disputes arising under this Agreement shall be adjudicated in Mecklenburg County, North Carolina. You agree to be subject to personal jurisdiction in North Carolina for the purposes of enforcing the provisions of this Agreement.
- Agreement to Arbitrate; Waiver of Class Action. You agree that any controversy or claim arising out of or relating to this Agreement or your relationship with TeleMeet and use of the Software shall be settled by arbitration administered by the American Arbitration Association in accordance with its Expedited Procedures of the Commercial Arbitration Rules. The arbitration hearing shall take place before a single arbitrator in Mecklenburg County, North Carolina. This agreement to arbitrate shall be enforceable under and subject to the Federal Arbitration Act, 9 U.S.C. Sections 1, et. seq. In addition, no arbitration proceeding hereunder shall be filed or pursued as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated. Moreover, no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. THE PARTIES AGREE TO ARBITRATE ON AN INDIVIDUAL BASIS AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION.