CALLTECH S.A. SOFTWARE
USE LICENSE AGREEMENT
CAREFULLY READ THIS SOFTWARE USE LICENSE AGREEMENT GIVEN THAT OPENING, INSTALLING OR USING THE SOFTWARE OR A PART OF IT, YOU ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT INCLUDING, IN PARTICULAR, ITS LIMITATIONS RELATING TO THE USE, ASSIGNMENT, WARRANTIES, RESPONSABILITIES, PRIVACY AND ACCEPTS TO KNOW OF THE FUNCTIONING OF ALL INTEGRATION SYSTEMS FOR THE OPERATION OF THIS SOFTWARE. IF YOU DO NOT AGREE WITH TERMS AND CONDITIONS FOR THE USE OF THIS SOFTWARE, PLEASE OBSTAIN FROM OPENING, INSTALLING, OR USING THE SOFTWARE SINCE THE USE OF THE SOFTWARE MAY NOT BE GRANTED BY CALLTECH S.A. MEANING YOU MUST RETURN THE COMPLETE PRODUCT WITH CORRESPONDING PROOF-OF-PURCHASE FROM YOUR DISTRIBUTOR WITHIN 30 CALENDAR DAYS FROM THE DATE OF PURCHASE, YOUR FULL AMOUNT BEING REFUNDED ONCE RETURN IS COMPLETE.
Referring to all information provided with this Use Agreement, including but not limited to (i) software files and other computer information of Calltech S.A. or third parties; (ii) Information, text, voice recordings, data, statistics, instructions, services, and other “content” services; (iii) Written material and files; (iv) Any updates, improvements, and additions to it, provided by Calltech S.A. or are requested directly by you.
The software is licensed under non-exclusive licenses and is not for sale. Under this agreement, provided you comply with all its terms, we grant you the right to install and run the software on your licensed device.
Calltech S.A. Software Use License Agreement:
It is understood in part of this License Use Agreement the introductory terms, the Terms and Conditions, warranty, and all attached instructive documents sent in advance by Calltech S.A.
Calltech S.A. stands for Call Processing Technologies S.A., a legally established company in the city of Bogotá D.C., under the laws of the Republic of Colombia.
You, or Client:
Refers to any person or entity that acquires or uses this solution package.
Device and/or device:
In this contract, “Device and/or device” is a hardware (physical or virtual) system with a storage device capable of executing software, a part or division of the hardware is considered Device.
Refers to the sequence of instructions or indications destined for use, directly or indirectly, inside a software program to realize its specific tasks.
Source Code or Sources:
Refers to the computer code objects from which computer programs originate from in general and specially those corresponding to the software.
It is all written work or other, subject to copyright such as programs, CDs, disks, programming tools, documentation, reports, manuals, instructive and similar works that Calltech S.A. could hand as part of the current License Contract.
It is the set of hardware and software required for the correct functioning of the software solution.
Obligation of Calltech S.A. to repair or make necessary adjustments to correct errors in the programming or design of applications.
Security Key (Dongle):
Refers to the physical or software security unit supplied by Calltech S.A. as part of the software package.
It is understood by personal data as all data that Calltech S.A. and authorized third parties collect from you because of your interactions with the software. You provide some data directly and Calltech S.A. collects others from your interactions, use of and experiences with the software.
The software allows for the use, storage, saving, recording, reproducing, or sharing of collected material with the purpose of being used as-intended given that yourself or the organization you represent is responsible for the content of the latter and Calltech S.A. will not be responsible for damage done to or the loss of this collected material.
It is understood by Confidential Information as all information, systems, documents, photos, data, projects that are not general knowledge as is any other content that has not been published by its owner.
In the current Software Use License Agreement, your rights and use conditions for Calltech S.A. software are laid out, including the use conditions for the following applications: CTLOG®, CTAgent®, CTDialer®, CTiContRol®, CTLOG® Plus®, CTLOG® Cloud®, CTMAIL®, CTMessage®, CTPos®, CTTranscription®, CTVox®, CTWebRTC®, Dalí®, LiteVOX®, Telemanagement® and Yaco®. Property of Call Processing Technologies S.A.
We do not sell our software or a copy of it, we only license it. Given your license, we concede the right to install and execute a copy of our software on a PC (the licensed device), so it can be used by one person at a time only if they meet the contract terms. The license of our software is assigned in the same contracting terms that have been entered into previous contractual stages given to the licensed team. Consult the support and guarantee scheme of Calltech S.A. solutions at https://www.calltechsa.com/wordpress/wp-content/uploads/2019/09/Modelo-de-Soporte-Calltech-2019.pdf.
The software components are licensed as a single unit. You will not be able to separate or virtualize components nor install them in different devices. The software can include more than one version of itself, you can only install and use one version at any given time. Except certain permitted use cases, this license is for the direct use of software only through input mechanisms of the licensed device such as a keyboard, mouse, or touch screen. It does not authorize you 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.
You can request or download a backup of the software by requesting specialized advice from Calltech S.A. or by means of a support ticket through the email@example.com email. You cannot distribute a software backup, you can only use it to reinstall the software on the licensed computer.
SOFTWARE TRANSMISSION TO ANOTHER COMPUTER OR USER
You are not allowed to transmit the software to another computer or user. You can only transmit the software directly to a third party exactly as it’s installed on the licensed computer, with the Authenticity Certification tag and its contract. Before realizing the transmission, the party must accept to the agreement that applies to the transmission and use of the software. You cannot keep any copies.
If you connect your computer to the Internet, some features of the software may connect to third-party applications or to the service provider’s computer system to send or receive information. You may not always receive a separate notification when they go online. The information that Calltech S.A. stores between you and the company, by virtue of the Software Use Licensing Agreement or other documents that specify relationships between you and Calltech S.A.as a provider, enable Calltech S.A. to know of information obtained using the software such as documents, backup copies, calls, voice recordings, statistics, names, data, and sensitivity information.
Calltech S.A. uses the information it collects through software features to update or correct it and improve their products and services. On certain occasions, we share this information with third parties. For example, we share bug reports with relevant hardware and software providers so that they can use that information to improve their products’ performance with Calltech S.A. products.
Your Content: Many of our Services allow you to store or share your content or receive material from other people. We do not claim ownership of your content.
Your content is still your information, and you are responsible for it. When you share your content with others, you accept to understanding that they may be able to use, save, record, reproduce, transmit, share, display, and remove your content without the need to offer you any compensation on a global level. If you do not want third parties to have access to your information, do not use services that share it. You represent and guarantee that while these Terms are in force, you have (and will have) all the necessary rights available for your uploaded, stored, or shared content on or through the services and that the collection, use and retention of your content will not infringe any law or the right of others. Calltech S.A. does not own, control, verify, pay, endorse, or assume any legal responsibility regarding your content and, therefore, will not be responsible for the information and/or content that you or others upload, store, or share using services provided through software licensing.
ADDITIONAL SOFTWARE DEVELOPMENTS
Calltech S.A. grants this software licensed as a single product. Its components cannot be separated for used in more than one computer or PC and it is developed as a standard version, however, Calltech S.A. can make special developments that must be approved by the Development and Innovation Department, but it is not obliged to carry out special developments, in case of authorizing a special development will always have an additional cost that you will have to cover.
By accepting these Terms, you agree to follow these rules when you use the services:
- You will not do anything illegal.
- You will not participate in activities that exploit, harm, or threaten to harm children.
- It 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 (this includes, but is 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 deceptive, defamatory, or libelous activities (for example, asking for money under false pretenses, impersonating someone else, manipulating the Services to increase or affect ratings or comments).
- You will not circumvent any restriction regarding service access or availability.
- You will not engage in activities that are harmful to yourself, these services, or others (for example, transmit diseases, harass others, post violent extremist or terrorist content, share hate speech, or promote 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 photos).
- You will not engage in activities that violate the privacy or data protection rights of others.
10. You will not help others to break these rules.
PROTECTION AND COPYRIGHT
This software is developed by Calltech S.A. and is protected by Colombian Copyright laws (Certificate that rests in Book 13 Volume 7 Part 90 dated February 26, 2001, in the National Copyright Directorate), laws 23 of 1982, law 44 of 1993, law 599 of 2000, law 603 of 2000, in the Civil Code in decrees 1360 of 1989, 460 of 1995, 162 of 1996, in the political constitution of Colombia by the Andina decision 351 of 1993 and by other international treaties on copyright and related rights ratified by Colombia, as well as by other laws and intellectual property treaties. THE SOFTWARE OWNED BY CALLTECH S.A. is licensed, NOT SOLD.
USO DE APLICACIONES Y SERVICIOS DE TERCEROS
Uso de Aplicaciones y Servicios de Terceros. Los Servicios pueden permitirle la conexión o la adquisición de productos, servicios, sitios web, vínculos, contenido, material, juegos, habilidades, integraciones, bots o aplicaciones de terceros independientes (empresas o personas ajenas al proveedor) (“Aplicaciones y Servicios de Terceros”). Muchos de nuestros Servicios también lo ayudan a encontrar, hacer solicitudes o interactuar con las Aplicaciones y Servicios de Terceros, o le permiten compartir su contenido o sus datos, por lo que usted comprende que mediante el uso de nuestros servicios da instrucciones para poner a su disposición aplicaciones y servicios de terceros. Las Aplicaciones y Servicios de Terceros también pueden permitirle almacenar su contenido o datos con el publicador, proveedor u operador de las aplicaciones y servicios de terceros. Puede que las aplicaciones y servicios de terceros le ofrezcan una política de privacidad o exijan la aceptación de condiciones antes de que pueda instalar o usar aplicaciones o servicios de terceros. Ningún término de un tercero modifica los presentes Términos.
Calltech S.A. no es responsable ni garantiza el funcionamiento de las aplicaciones y servicios de terceros así como tampoco de la información que por estos medios se comparta, transfiere, elimine o guarde ni el propósito de los mismos.
USE OF THIRD-PARTY APPLICATIONS AND SERVICES
Use of Third-Party Applications and Services: The Services may allow you to connect or purchase third-party products, services, websites, links, content, material, games, skills, integrations, bots, or applications (companies or people outside 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 their content or data, by which you understand that by using our services you accept to allow for the provision of third-party applications and services. Third-Party applications and services may also allow you to store your content or data with the publisher, provider or operator of third-party applications and services. Third-party applications and services may provide you with different privacy policies or require prior acceptance of their terms and conditions before you can install or use third-party applications or services. No third-party Terms and Conditions modify Calltech S.A.’s current Terms.
Calltech S.A. is not responsible for nor does it guarantee the proper functioning of third-party applications and services, as well as the information that is shared, transferred, deleted or saved by these, nor the purpose of the previously stated actions by third-party applications and services.
LICENSE: SERVICE AND SUPPORT USE
The software and materials included with this license are the property of Calltech S.A. and they are protected by law.
The license will be granted only if the Client faithfully complies with what is stated in this agreement. Any use of the service outside these limits is not authorized and will be understood as a violation of copyright rules. In no case may this contract be understood to mean that the owner of the software rights yields any of the intellectual property rights that belong to them, any of his contractors or any of his employees or related parties. The license will only be granted once the Client has paid the full price of the service to Calltech S.A. or its authorized partners. While installation and configuration are being undertaken, you will have access to a provisional license. In case of license payment non-compliance by the client, Calltech S.A. declares unilateral non-compliance and will suspend the license; the client will not be able to use measures that bypass the software and software installation suspension. Calltech S.A. WILL NOT hand over source codes for the software. Under this agreement, Calltech S.A. DOES NOT assume any support, training or updating obligations for the software in question. The software use license could allow third-party access to your data if they have any interaction with it. It is possible that the software or associated services present failures or vary in correct functioning as all online services suffer interruptions or losses, so it is recommended to make permanent backups of your content and data stored on them; Calltech S.A. will not be liable for the inability to recover your content and information. Third-party services, applications, products, or codes are NOT covered by support services provided by Calltech S.A.
Confidentiality: Calltech S.A. commits to establish confidentiality agreements with you, consisting of not misusing your personal or business data, or registered information in the software and not extract, supply, or share them for use outside of those stated by the software or when there is no access request from a supervising legal or corporate body. You agree to (i) heed the instructions of Calltech S.A. (ii) Obtain, preserve, and maintain and update all operating systems, software and communication devices needed to access the software; (iii) Inform Calltech S.A. of any unauthorized use of their application and any other type of suspicious activity around application or software access. By using the services, the acceptance of the software license use agreement on behalf of the client is understood, in the same way the authority of Calltech S.A. to update and/or modify the content of the software license use agreement is recognized, the current version of the agreement will be available at -https://www.calltechsa.com/wordpress/index.php/home/legal/-
The conditions established in this clause will apply to both the initial version of the delivered software and to subsequent versions, modifications, and eventual improvements. Except for the modifications contained in the license agreement appendices that mat be included, your rights and obligations with respect to this software are as follows:
- 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 said network, in which case you may use the software on that network, to process only information from that network. Under no technological measure may more users be allowed to use the software.
- Make a backup copy of the software or copy the software onto the storage device of the computer and keep the originals as a backup, which may only be used in the event of deterioration or loss of the originally installed version. Copies are the property of Calltech S.A. and are subject to the terms of this license.
- After obtaining prior written authorization from Calltech S.A., you may permanently assign the software to another person or entity, if you do not retain copies of the software and the assignee himself accepts the terms of this contract.
- Where applicable, operate the software only on as many telephone lines or extensions as has been authorized by Calltech S.A.
- Run or operate the software on more than one computer at the same time.
- Circumvent or bypass any technology protection measures relating to the software and its services.
- Use the software in any unauthorized way and any way could interfere with other people’s use of the same.
- Allow access to services or modify any characteristics of the software.
- Copy materials or documentation accompanying the software.
- Any kind of hand-over to third parties, whether by indirect or direct transfer, commercialization, use, leasing, licensing or rental of the complete software or part of it.
- Reverse engineer, decompile, modify, translate, attempt to discover the source code of the software or its security key, or create products derived from it.
- Remove, obscure, or alter any part of the logos, trademarks, patents, copyrights, or other software-related proprietary rights.
- Copy any part of the software excluding backup copies, as described above under the You Can section.
- Use previous versions or copies of the software once it has been received by physical (diskettes, CD’s) or electronic means, software that replaces the originals or an updated version that replaces a previous version, unless the previous version has been updated for an assignee of his choice, and that said assignee agrees in writing that he will be the sole end user of the product and is bound by the terms of this agreement. Unless the updated version has been assigned in these conditions, when updating the software all copies of the previous version must be destroyed.
- Try to decipher by any means necessary or by knowing the software’s source code.
- Violate the product’s security encryption.
- Yield the license granted by this contract, unless otherwise authorized.
Third-party services and applications, or materials or products offered through the services may not be available from time to time, may be offered on a limited basis, or may vary depending on your region or device. All online services suffer occasional interruptions, and Calltech S.A. is not responsible for any interruption or loss that you suffer as a result. In the event of an outage, you may not be able to retrieve the content or data you have stored. We recommend that you permanently back up the content, information, and data that you store in the services or with third-party applications and services. We can change the current terms at any time and will inform you when we do. Using the services after changes have taken effect means that you agree to the new terms. If you do not accept the new terms, you must stop using the services.
Additionally, if on any occasion it is necessary to eliminate or change characteristics or features of the service or directly stop providing a service entirely or access to third-party applications and services. Except to the extent required by applicable law, we have no obligation to provide new downloads or replacements of any service or application. In any case, Calltech S.A. reserves the right to make modifications, improvements, and additions to the software given general needs without having to strictly notify of the same, unless these changes requested by yourself affect strictly special features of the service.
Calltech S.A. guarantees that software support (floppy disks, CD-ROM, security key) complies with its specifications and works satisfactorily if it is used on the agreed technological platform it was installed on. Warranty period is (60) days from the software’s delivery date. During this warranty period, Calltech S.A. will try to exclusively solve programming and design flaws (bugs) that may arise, via software patches or bug fixes, either electronically or by other means. Any of the events mentioned above must be reported in writing to Calltech S.A. within a maximum period of two (2) business days from failure detection of the failure under penalty of not giving rise to the warranty. The warranty will also be lost due to modifications made to the software without Calltech S.A.’s consent and by other prohibitions established in this contract. The warranty does not include software malfunctions due to factors other than the software itself, especially hardware problems, viruses, incompatibility with computer programs excluding the software, among others. In no case will Calltech S.A. solve, under warranty, problems derived from the malfunction of electrical grids, computer equipment, storage media, peripheral equipment, communication networks, operating systems, memory-resident applications, or any external element, including the misuse of the same by part of users by default 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 S.A. is not responsible for data loss. Calltech S.A. does not guarantee that the software will meet your needs, that the software will work uninterrupted or that it will be free of errors. If Calltech S.A. is unable to correct defective software or program errors, the client will only be entitled to change software support if it has been returned within the warranty period, at their discretion.
Calltech S.A. only guarantees quality of the service regarding the software, it does not guarantee the handling of the information that you feed it, nor the databases, parameterization, the administration, the security that you give the software, since its security will be your responsibility, Calltech S.A is not responsible for obsolete operating systems, networks, printers, or other equipment and/or devices used for the software.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPLICITLY OR IMPLICITLY.
NO LIABILITY FOR DAMAGES
Calltech S.A. will respond to the client directly for the fulfillment of obligations arising from this Use License Agreement, and its responsibility will refer to the obligations established in this license document. In any case, the contractual or extra-contractual liability of Calltech S.A. will be limited to the value of this license and will only cover damages caused by gross negligence or fraud. In the event of damage, the Client must promptly inform Calltech S.A. so that he can take the corresponding measures to mitigate the damage. If any third-party claims that the products or services that Calltech S.A. supplied to the client infringe their patents or intellectual or material property rights, Calltech S.A. will defend you against such claims.
In no case will Calltech S.A. 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 S.A. has been informed of the possibility of such damage.
The participating parties are obliged to submit their differences regarding this use license to an Mediators’ decision, waiving to assert their claims before judges. The international arbitration tribunal will be appointed by the Chamber of Commerce of Bogotá D.C. and will be subject to the legal norms and regulations in force:
- a) The court will be made up of one (1) mediator; b) The Court’s internal organization will be subject to previously provided rules by the Commercial Arbitration and Conciliation Center of the Chamber of Commerce of Bogotá D.C .; c) The Court will decide in law; d) The Court will operate in Bogotá D.C. at the Commercial Arbitration and Conciliation Center of the Chamber of Commerce of this city. e) The mediator referred to in point a) will be appointed by the president of the Arbitration Center, from among those mediators who have commercial profiles, hopefully with knowledge about technology.
By opening the software package, you agree to have read and understood this agreement, and to be bound by its terms and conditions. Additionally, you accept that this agreement supersedes any previous contract, whether written or verbal, and any other communication related to the object of this agreement.