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Important Notice: By installing and utilizing the VoiceTech Communicator technology provided by VoiceTech Communications Corp, you will have entered into a legally binding agreement with VoiceTech. Further, in your acceptance by selecting "I Agree" you have agreed to comply with the Terms and Conditions regarding your usage of VoiceTech technology and associated materials. If you are not in agreement with these Terms and Conditions you are not authorized to use the VoiceTech Communicator product and associated VoiceTech technology requiring the immediate termination of installation and usage.
License: VoiceTech grants to you a non-exclusive, non-transferable license to use this copy of the Technology solely for your personal use on any desktop or other fixed or portable computer. For purposes of this Agreement, the Technology is considered to be "in use" when it is loaded into temporary memory (e.g., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM or other storage device) of such computer.
Proprietary Technology: The VoiceTech Communicator Technology is proprietary to VoiceTech Communications Corp subject to international copyright, and is a legally protected application for resale to VoiceTech customers. You may not modify, adapt, translate, reverse engineer, decompile, disassemble the Technology or create derivative works using or based on the Technology, nor may you distribute, loan, rent, or lease, timeshare or use the Technology to provide services for third parties, sublicense or transmit all or any portion of the Technology, nor may you allow others to do so. VoiceTech Communications Corp reserves all rights not expressly granted herein.
Intended Usage: The VoiceTech Communicator product with technology provided by VoiceTech Communications Corp was developed to provide and support duplex (two-way) VoIP (Voice Over Internet Protocol) communications for consumer and business utilization. This includes only moderated duplex conversations with the maximum number of participants with respect to VoiceTech products, promotions, and package pricing. As a component of this business model, the Moderator or "Owner" of the voice conference room must be present at all times during the conversation. The presence of an "Owner" is required for each Voice Conference; without the presence of an "Owner" VoiceTech is not required or obligated to provide service or usage. Radio or television programming, and/or any other method of uninterrupted audio delivery outside the scope of duplex communications to allow non-customer participants to engage in voice conversations is prohibited.
Audio Streaming: Uninterrupted audio streaming or "Broadcasting" is prohibited in the terms of usage for VoiceTech customers and not included in the technology licensing agreement with VoiceTech. The VoiceTech technology was developed for duplex communication NOT uninterrupted audio streaming. This includes the "broadcast" of special events, conference calls, and any radio or television live or recorded uninterrupted audio streaming. VoiceTech reserves the right to interpret and monitor user/customer activity and immediately terminate any VoiceTech Communicator customer account without refund for the violators using the technology for purposes not consistent with duplex communications. Further VoiceTech reserves the right in the case of any violation resulting in system damages hardware, software, technology, or customer downtime to seek full legal remedy and recovery of customer, affiliate, and corporate interests.
Screen Name Restrictions: When you download and install the VoiceTech Communicator software application you have the opportunity to choose a username as a presence indicator within the VoiceTech communications engine. You may not select a nickname or "screen name", which violates any copyright, third party's trademark right or other proprietary right or a name, which VoiceTech deems in its sole discretion to be profane, offensive or in any other way unacceptable. VoiceTech reserves the right to delete any profane, offensive or unacceptable nicknames and/or to require you to change your nickname. You are entirely liable for all activities conducted through both Owner Control Panel and "Guest" or participant behavior. In consideration for your use of the VoiceTech Communicator product, you agree to (a) provide true, accurate and complete information about yourself as prompted by the registration forms (such information being the "Registration Data"), (b) maintain and promptly update the Registration Data to keep it true, accurate and complete and (c) notify VoiceTech of any unauthorized use of your account, password or other breach of security.
NO REPRESENTATIONS OR WARRANTIES: THE TECHNOLOGY IS PROVIDED "AS IS" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE TECHNOLOGY AND THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TERMS OF USE: It is understood that any parties utilizing the VoiceTech Communicator technology are prohibited from participating in conduct which is unlawful or which inhibits another user from enjoying VoiceTech Communicator; or which VoiceTech in its sole discretion determines to be unacceptable. Even if you have paid to subscribe to any of the VoiceTech services, VoiceTech reserves the right to terminate your Account if, in its sole discretion, it determines that you have engaged in any prohibited or unacceptable conduct. Please be advised that if you have paid to subscribe to any of the VoiceTech services, your subscription fee WILL NOT be refunded (either in whole or in part) if your account is terminated or suspended. Without assuming the responsibility therefore, VoiceTech reserves the right to restrict conduct, which VoiceTech deems in its sole discretion to be harmful or offensive to other users is unacceptable for any reason or no reason whatsoever or otherwise detracts from the VoiceTech service or product offering in any manner whatsoever. Without limiting the foregoing, examples of unacceptable conduct include: threatening, harassing, or intimidating another user, transmitting any unlawful, intimidation, abusive, profane, offensive, defamatory, pornographic, or hateful communication or material, or any racially, ethnically or otherwise objectionable material; using any obscene or offensive alias; impersonating another user, including, without limitation, a VoiceTech employee, administrator or representative; disparaging the VoiceTech service, VoiceTech or its representatives, administrators or employees; posting or transmitting any advertising, promotional materials or other forms of solicitation to other users; disrupting the normal operation of any voice conference, communication, or otherwise acting in a manner that negatively impacts other users. Failure by VoiceTech to address unacceptable or otherwise prohibited behavior on any occasion shall not constitute a waiver by VoiceTech with respect to any similar behavior in the future. Use of the VoiceTech Communicator product may include advertisements of various forms, at the sole discretion of the company. User further understands and agrees that all information, data, text, music, software, illustrations, photographs, graphics, video, messages or other material ("Content") is provided by, and the responsibility of the person hosting the voice conference whom may have provided that Content personally or through guest invitation and that VoiceTech is not responsible for such Content. VoiceTech expresses no views as to the content and subject matter for discussion of any customer conference room and is not responsible for any activities taking place therein. Uninterrupted audio streaming or "Broadcast" of conference calls, special events, training seminars, radio or television programming, and/or any other method of uninterrupted audio delivery outside the scope of duplex communications is strictly prohibited.
System Maintenance & Reliability: Periodically, the VoiceTech Communicator system and associated technologies will undergo routine maintenance or be subjected to unexpected technical problems and issues. VoiceTech ensures best efforts will be utilized to do maintenance as quickly and efficiently as possible, and to respond to technical problems promptly to reduce user downtime. VoiceTech may be required to access a customer's web site periodically to administer additional technology and/or provide maintenance. VoiceTech will not in any circumstance be responsible for problems, losses, or damages arising from loss of connectivity; errors in content due to application problems; loss of access by customers; or temporary or permanent loss of data.
Legal & Ethical Enforcement: VoiceTech will fully cooperate with any law enforcement agency in investigating or requesting information with respect to suspected criminal or other activity and, notwithstanding any provision herein to the contrary, may release your name and other information to the appropriate authorities for that purpose, with or without a subpoena. In addition, VoiceTech has the right, but not the obligation, to initiate its own review of the conduct of any user, either independently or as a result of a complaint by a third party user. Any investigation undertaken by VoiceTech would include all steps that VoiceTech deems appropriate in its sole discretion and the results of any such investigation could be disclosed to one or more appropriate parties.
Product Termination: In the event that you engage in conduct prohibited by this Agreement, or otherwise commit any other breach of this Agreement, then ANY of the following may occur: you may be issued a warning; your access to the VoiceTech Communicator technology and product may be suspended or use of your account may be temporarily or permanently blocked; additional recovery actions will be taken in the circumstance of realized damages. As a VoiceTech customer having purchased VoiceTech services, for customers violating these Terms and Conditions, product purchase fee will not be refunded (either in whole or in part) if your VoiceTech Communicator account is terminated or suspended.
LIMITATION OF LIABILITY & INDEMNIFICATION: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VOICETECH OR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES (COLLECTIVELY "VOICETECH PARTIES") OR ANY OF THEIR RESPECTIVE SUPPLIERS BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS TECHNOLOGY, THE LICENSE OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, EVEN IF VOICETECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY AGREE TO INDEMNIFY AND HOLD VOICETECH PARTIES HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COST, DAMAGE AND EXPENSE, INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES AND COURT COSTS, ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE VOICETECH TECHNOLOGY AND/OR YOUR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT.
Legal Jurisdiction & Amendments to Terms: The laws of the State of Texas, United States of American, govern this agreement. The customer hereby consents to the exclusive jurisdiction and venue of courts at the discretion of VoiceTech in all disputes arising out of or relating to the acquisition or use of the VoiceTech Communicator or associated product offerings. Use of the VoiceTech Communicator product or an associated product offering is unauthorized in any jurisdiction that does not give effect to all provisions of the terms and conditions herein. This Agreement may not be modified except to the extent of a written agreement to do so by an authorized representative of VoiceTech. VoiceTech reserves the right to modify the terms of this Agreement from time to time without notice to you, by posting the most current version of the Agreement on its website. In addition to the terms of this Agreement, you shall also be bound by the terms of any posted rules or guidelines applicable to your use of the VoiceTech Technology and VoiceTech Communicator product.
Entire Agreement: This Agreement constitutes the entire agreement between the parties on the subject matter hereof, and no other additional promises, representations, guarantees or agreements of any kind shall be valid concerning such subject matter unless in writing and signed by an authorized officer of VoiceTech.
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