Calltech SA Software License Agreement
NOTTO:
PLEASE READ THIS SOFTWARE LICENSE USER AGREEMENT CAREFULLY BECAUSE BY OPENING, INSTALLING OR USING THE SOFTWARE OR ANY PORTION THEREOF, YOU AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR, ITS LIMITATIONS REGARDING USE, ASSIGNMENT, WARRANTIES, LIABILITIES, PRIVACY AND YOU DECLARE THAT YOU ARE AWARE OF THE FUNCTIONING OF ALL INTEGRATION SYSTEMS IN THE HANDLING OF THIS SOFTWARE WITH RESPECT TO YOUR INFORMATION. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF USE OF THE SOFTWARE, PLEASE REFRAIN FROM OPENING, INSTALLING OR USING THE SOFTWARE SINCE CALLTECH SA MAY NOT GRANT USE OF THE SOFTWARE AND YOU MUST THEREFORE RETURN THE COMPLETE PRODUCT, WITH THE CORRESPONDING PROOF OF PURCHASE TO YOUR DISTRIBUTOR WITHIN 30 CALENDAR DAYS FROM THE DATE OF PURCHASE, AND YOUR AMOUNT WILL BE REFUNDED.
Definitions
Refers to all information provided with this User Agreement, including but not limited to (i) software files and other computer information of Calltech SA or third parties; (ii) information, text, voice recordings, data, statistics, instructions, services and other services “content”; (iii) written materials and files; (iv) any updates, upgrades and additions thereto, which Calltech SA provides or which are requested directly by you.
Software License. The Software is licensed on a non-exclusive basis and is not for sale. Under this Agreement, provided you comply with all terms hereof, we grant you the right to install and run one instance of the Software on your licensed device.
Calltech SA Software User License Agreement The introductory terms, terms and conditions, warranty and all instructional documents sent in advance by Calltech SA are understood to be part of this License User Agreement.
Calltech SA means Call Processing Technologies SA, a company legally established in the city of Bogotá DC, under the laws of the Republic of Colombia.
You, Yourselves or Customer. Refers to any person or entity that purchases or uses this package.
Equipment and/or Device. In this Agreement, “Equipment and/or Device” is a hardware system (physical or virtual) with a storage device capable of running the Software, a partition or division of the hardware is considered a Computer.
Computer programs. Refers to the sequence of instructions or indications intended to be used, directly or indirectly, in the software to perform its specific functions.
Source Code or Sources. Refers to the computer code objects that give rise to computer programs in general and in particular to those that correspond to software.
It is any literary or other work, subject to copyright, such as programs, CDs, diskettes, programming tools, documentation, reports, manuals, instructions or similar works, that Calltech SA may provide to you as part of this License Agreement.
Technology Platform. This is the set of hardware and software required for the software to operate.
Warranty. Calltech SA is obliged to repair or make the necessary adjustments to correct programming or design errors in the applications.
Security Key (Dongle). Refers to the physical or software security unit supplied by Calltech SA as part of the package.
Personal Data. Personal Data is any data collected about you by Calltech SA and authorized third parties as a result of your interactions with the Software. Some data is provided directly by you and some data is collected by Calltech SA as a result of your interactions, use and experiences with the Software.
Your content: The software allows you to use, store, save, record, reproduce or share the material collected there for the purpose for which it was placed there, so you or the organization you represent are responsible for the content thereof and Calltech SA will not be responsible for compensating for any damage or loss thereof.
Confidential Information: Confidential Information shall be understood as all information, systems, documents, photos, data, projects, that is not of general knowledge as well as that which has not been published by its owner.
This Software License Agreement describes your rights and the conditions of use of Calltech SA software, this includes the use of the following applications in accordance with your choice CTLog®, CTAgent®, CTDialer®, CTiContRol®, CTLog Plus®, CTLog Cloud®, CTMail®, CTMessage®, CTPos®, CTTranscription®, CTVox®, CTWebRTC®, Dalí®, LiteVOX®, Telemanagement® and Yaco®. Property of Call Processing Technologies SA
SOFTWARE
We do not sell our software or a copy of it, we only license it. Under our license, we grant you the right to install the software and run that copy on one computer (the licensed computer), to be used by one person at a time, but only if you comply with the terms of this agreement. Our software is licensed under the same contractual terms as those entered into in previous contractual stages with the licensed computer. Please see Calltech SA's solutions support and warranty scheme at https://web.calltechsa.com/wordpress/wp-content/uploads/2019/09/Modelo-de-Soporte-Calltech-2019.pdf; The software components are licensed as a single unit. You may not separate or virtualize the components or install them on different computers. The software may include more than one version, you may only install and use one version at a time. Except as permitted by law, this license is for direct use of the software only through the input mechanisms of the licensed computer, such as a keyboard, mouse, or touch screen. You are not authorized to install the Software on a server or for use on or through other computers or devices connected to the server on an internal or external network.
BACKUP COPY
You may request or download a backup copy of the software by requesting specialized advice from Calltech SA or by sending a support ticket to support@calltechsa.com. You may not distribute a backup copy of the software; you may use it only to reinstall the software on the licensed computer.
TRANSMISSION OF THE SOFTWARE TO ANOTHER COMPUTER OR USER
You may not transfer the software to another computer or user. You may only transfer the software directly to a third party as installed on the licensed computer, labeled with the Certificate of Authenticity and this agreement. Before transferring, the party must agree that this agreement applies to the transfer and use of the software. You may not retain any copies.
INFORMATION
If you connect your computer to the Internet, some features of the software may connect with third-party applications or the service provider's computer system to send or receive information. You may not always receive separate notification when they connect. The information that Calltech SA provides under the Software License Agreement or other documents specifying the relationship between you and Calltech SA as a provider enables Calltech SA to learn about information obtained through the use of the software such as documents, backups, calls, voice recordings, statistics, names, data and sensitive information.
Calltech SA uses the information it collects through the software features to update or correct the software and to improve our products and services. We sometimes share this information with third parties. For example, we share error reports with relevant hardware and software vendors so that they can use the information to improve how their products run with Calltech SA products.
CONTENT
Your Content. Many of our Services allow you to store or share your content or receive material from others. We do not claim ownership of your content. Your content remains your information and you are responsible for it. When you share your content with others, you understand that they may be able to, on a global basis, use, store, record, reproduce, transmit, share, display and delete your content without compensation to you. If you do not want others to have that ability, do not use the Services to share your information. You represent and warrant that for the duration of these Terms you have (and will have) all necessary rights to your content uploaded, stored or shared on or through the Services and that the collection, use and retention of your content will not violate any law or the rights of others. Calltech SA does not own, control, verify, pay for, endorse or assume any legal responsibility for your content and, therefore, will not be responsible for the information and/or content that you or others upload, store or share through the use of the services provided through the licensing of the software.
ADDITIONAL DEVELOPMENTS IN THE SOFTWARE
Calltech SA licenses this software as a single product. Its components cannot be separated for use on more than one computer or PC and it is developed in a standard version. However, Calltech SA may make special developments that must be approved by the development and innovation department, but it is not obliged to make special developments. If you authorize their implementation, they will always have an additional cost that you will have to pay.
TERMS OF USE
By accepting these Terms, you agree that when using the Services, you will follow these rules:
- He won't do anything illegal.
- You will not engage in activities that exploit, harm, or threaten to harm children.
- You will not send unwanted information. This includes unwanted or unsolicited bulk emails, posts, contact requests, SMS (text messages) or instant messages.
- You will not publicly display or use the Services to share inappropriate content or material (including, but not limited to, nudity, brutality, pornography, offensive language, graphic violence, or criminal activity) or Your Content or material that does not comply with local laws or regulations.
- You will not engage in fraudulent, false, or misleading activities (for example, asking for money under false pretenses, impersonating another person, manipulating the Services to inflate scores or affect rankings, ratings, or reviews), defamatory, or libelous activities.
- You will not circumvent any restrictions on access to or availability of the Services.
- You will not engage in activities that are harmful to you, the Services, or others (for example, transmitting viruses, harassing, posting terrorist or violent extremist content, communicating hate speech, or promoting violence against others).
- You will not infringe the rights of others (for example, by unauthorized sharing of music or other copyrighted materials or by reselling or distributing Bing Maps or photographs).
- You will not engage in activities that infringe the privacy or data protection rights of others.
- You will not assist others in breaking these rules.
PROTECTION AND COPYRIGHT
This software is developed by Calltech SA and is protected by Colombian copyright laws (in the certificate located in Book 13 Volume 7 Part 90 dated February 26, 2001, at the National Copyright Office), by laws 23 of 1982, 44 of 1993, 599 of 2000, 603 of 2000, by the Civil Code, by decrees 1360 of 1989, 460 of 1995, 162 of 1996, by the Colombian political constitution, by Andean decision 351 of 1993 and by other international treaties on copyright and related rights ratified by Colombia, as well as by other intellectual property laws and treaties. THE SOFTWARE PROPERTY OF CALLTECH SA is licensed, NOT SOLD.
USE OF THIRD PARTY APPLICATIONS AND SERVICES
Use of Third-Party Applications and Services. The Services may allow you to connect to or purchase products, services, websites, links, content, materials, games, skills, integrations, bots, or applications from independent third parties (companies or persons other than the provider) (“Third-Party Applications and Services”). Many of our Services also help you find, make requests for, or interact with Third-Party Applications and Services, or allow you to share your content or data, so you understand that by using our services you are giving instructions to make third-party applications and services available to you. Third-Party Applications and Services may also allow you to store your content or data with the publisher, provider, or operator of the third-party applications and services. Third-party applications and services may offer you a privacy policy or require you to agree to terms before you can install or use third-party applications or services. No third-party terms modify these Terms.
Calltech SA is not responsible for and does not guarantee the operation of third-party applications and services, nor for the information shared, transferred, deleted or stored through these means, nor for their purpose.
LICENSE: USE OF SERVICES AND SUPPORT
The software and materials included with this license are the property of Calltech SA and are protected by law. The license will be granted provided that the Client faithfully complies with the terms of this agreement. Any use beyond these limits is not authorized and will be understood as a violation of copyright laws. In no case may this contract be understood as the owner of the rights to the software transferring any of the intellectual property rights belonging to him, any of his contractors or any of his employees or affiliates. The license will only be granted once the Client has paid all the sums owed to Calltech SA or its authorized Partners. While the installation and parameterization are being carried out, you will have a provisional license. In the event of non-compliance by the Client in the payment of the license fees, Calltech SA will unilaterally declare it in default and the license will be suspended; the Client may not use measures that prevent said suspension of the use of the software and the installation. Calltech SA will NOT provide the software source code. Under this agreement, Calltech SA does NOT assume any obligation to support, train or update the software. The software license may allow access to your data to third parties that interact with it. It is possible that the software or associated services may fail or change their function, since all online services suffer interruptions or losses, so it is recommended to make permanent backups of Your Content and Data stored there, since Calltech SA will not be responsible if Your Content and Information cannot be recovered. Third-party services, applications, products or codes are NOT covered by the operating backup provided by Calltech SA. Confidentiality: Calltech SA agrees to establish a confidentiality agreement with you, consisting of not misusing your personal or business data or information recorded in the software and not extracting, supplying or sharing them when there is no request from a competent authority or for the purposes for which it was provided in the software. You agree to (i) follow the instructions of Calltech SA (ii) Obtain, maintain and maintain and update all operating system and software and communications equipment necessary to access the software; (iii) Inform Calltech SA of any unauthorized use of your application and any other type of movement that generates suspicions in the accessibility of the applications or software.
By using the services, the acceptance of the software license usage agreement is understood, and the right of Calltech SA to update and/or modify the content of the software license usage agreement is also recognized. The current version of the agreement will be available at the URL: https://web.calltechsa.com/licencia-de-software/
The conditions set forth in this clause shall apply both to the initial version of the software delivered and to its subsequent versions, modifications and eventual improvements. Except for modifications contained in the appendices to the license agreement that may be included with it, your rights and obligations with respect to this software are the following:
YOU CAN:
(i) Use the Software on a single computer at a time to process only your own information, unless you have a copy of the Software license agreement for each computer that has access to the Software over such network, in which case you may use the Software over such network to process only information on that network. Under no technological measures may you permit additional users to use the Software;
(ii) Make a backup copy of the software or copy the software onto your computer's hard drive and keep the originals as a backup copy, which may only be used in the event of deterioration or loss of the originally installed version. Copies are the property of Calltech SA and are subject to the terms of this license;
(iii) Upon obtaining prior written authorization from Calltech SA, you may permanently assign the Software to another person or entity, provided that you retain no copies of the Software and the assignee agrees to the terms of this Agreement;
(iv) Where applicable, operate the software only on as many telephone lines or extensions as authorized by Calltech SA
YOU MAY NOT:
(i) Operate the Software on more than one computer at the same time;
(ii) Circumvent or bypass any technology protection measures in connection with the Software and Services
(iii) Use the software in any manner that is not authorized and that could interfere with other people's use of the software.
(iv) Allow access to the services or modify any features of the software
(v) Copy any materials or documentation accompanying the software;
(vi) Any form of delivery to third parties, whether by transfer, commercialization, use, leasing, licensing or rental of the software or part thereof, directly or indirectly;
(vii) Reverse engineer, decompile, modify, translate, make any attempt to discover the source code of the software or the security key, or create products derived from it;
(viii) Remove, obscure or alter any part of the logos, trademarks, patents, copyrights or other proprietary rights related to the software;
(ix) Copy any part of the Software, except for backup copies as described above under the section What You Can;
(x) Use a previous version or copy of the Software once you have received, via physical media (diskettes, CDs) or electronic means, software that replaces the originals or an updated version that replaces the previous one, unless you have assigned the previous version to the updated version to an assignee of your choice, and such assignee agrees in writing that it will be the sole end user of the product, and agrees to the terms of this agreement. Unless you have assigned the updated version under these conditions, when you update the Software, all copies of the previous version must be destroyed;
(xi) Attempt to decipher by any known means or by knowing the source codes of the software;
(xii) Violate the encryption security of the product;
(xiii) Assign the license granted under this Agreement, unless expressly authorized;
SERVICE AVAILABILITY
Services, third-party applications and services, or materials or products offered through the Services may be unavailable from time to time, may be offered on a limited basis, or may vary depending on your region or device. All online services are subject to interruptions from time to time, and Calltech SA is not responsible for any interruptions or losses you suffer as a result. In the event of an interruption, you may not be able to recover your content or data that you have stored. We recommend that you permanently back up your content, information and data that you store on the Services or with third-party applications and services.
- We may change these terms at any time and will let you know when we do so. Your use of the Services after the changes become effective means you agree to the new terms. If you do not agree to the new terms, you must stop using the Services.
- In addition, if at any time it becomes necessary to remove or change features or functionality of the Service or to stop providing a Service or access to third party applications and services altogether, except to the extent required by applicable law, we are under no obligation to provide a new download or replacement of any Service or Application.
In any case, Calltech SA reserves the right to make modifications, improvements and additions to the software according to general needs without having to give strict notice of the same, unless this modifies strictly special functions of the service that have been requested by you.
LIMITED WARRANTY
Calltech SA guarantees that the software support (disks, CD-ROM, security key) complies with its specifications and works satisfactorily as long as it is used on the agreed technological platform and on which it was installed. The guarantee period is (60) days from the date of receipt of the software. During this guarantee period, Calltech SA will try to solve exclusively the programming defects (bugs) and design that may occur, via a software patch or a bug fix by electronic means or other means. Any of the above events must be reported in writing to Calltech SA within a maximum period of two business days from the detection of the fault, otherwise the guarantee will not be void. The guarantee will also be lost due to modifications made without the consent of Calltech SA and the other prohibitions established in this contract. The guarantee does not include the malfunction of the software due to factors other than the software itself, especially hardware problems, viruses, incompatibility with computer programs other than the software, among others. In no case will Calltech SA resolve, as part of the guarantee, problems arising from the malfunction of electrical networks, computer equipment, storage media, peripheral equipment, communication networks, operating systems, applications resident in memory or any external element, including the misuse of the same by users due to omission of the recommendations given. Obtaining backup copies of the information contained in or generated by the software is entirely the responsibility of the Client, therefore Calltech SA will not be liable to the Client for data loss. Calltech SA does not guarantee that the software will meet your needs, that the software will work uninterruptedly or that it is error-free. If Calltech SA is not able to correct defective media or program errors, the Client will only be entitled to change the software support provided that it has been returned within the guarantee period, at its discretion.
Calltech SA only guarantees the quality of the service regarding the software, it does not guarantee the management of the information that you give it, nor the databases, nor parameterization, nor the administration, nor the security that you give to the software, since its security will be your responsibility. Calltech is not responsible for obsolete operating systems, networks, printers or other equipment and/or devices that are used for the software.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.
NO LIABILITY FOR DAMAGES
Calltech SA shall be directly liable to the Client for the fulfillment of the obligations arising from this User License Agreement, and its liability shall be related to the obligations established in this license document. In any case, the contractual or extra-contractual liability of Calltech SA shall be limited to the maximum value of this license, and shall only cover damages caused by gross negligence or wilful misconduct. In the event of damage, the Client shall promptly inform Calltech SA so that it may take appropriate measures to mitigate the damage. If any third party were to claim that the products or services provided by Calltech SA to the Client infringe its patents or intellectual or material property rights, Calltech SA will defend it against such claim. In no event shall Calltech SA be liable for indirect damages, including loss of profits, customers, goodwill or data due to the use or inability to use the software, even if Calltech SA has been informed of the possibility of such damage.
CONFLICT RESOLUTION:
The parties agree to submit their differences regarding this license to the decision of the Arbitrators, waiving the right to assert their claims before the judges. The international arbitration court will be appointed by the Chamber of Commerce of Bogotá DC and will be subject to the legal norms and regulations in force: a) The court will be composed of one (1) arbitrator; b) The internal organization of the court will be subject to the rules established for this purpose by the Center for Commercial Arbitration and Conciliation of the Chamber of Commerce of Bogotá DC; c) The court will decide in law; d) The court will operate in Bogotá DC at the Center for Commercial Arbitration and Conciliation of the Chamber of Commerce of this city. e) The arbitrator referred to in point a) will be appointed by the president of the Arbitration Center, from among those arbitrators who have a commercial profile, and hopefully with knowledge of technology.
By opening the software package you agree that you have read and understood this agreement, and that you are bound by its terms and conditions. You further agree that this agreement supersedes any prior written or oral agreements and any other communications relating to the subject matter of this agreement.
Calltech SA® Policy
Consult the general data protection policy of Calltech SA®
Software License
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CTiContRol® Terms
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CTiContRol® Privacy
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CTWebRTC® Privacy Policy
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